In an op-ed published on the Washington Post, FCC Chairman Ajit Pai and his counterpart at the FTC have argued that strict privacy rules for ISPs aren’t necessary in part because the broadband market is more competitive than the search engine market. From a report on ArsTechnica: Internet users who have only one choice of high-speed home broadband providers would probably scoff at this claim. But an op-ed written by Pai and Acting FTC Chair Maureen Ohlhausen ignored the lack of competition in home Internet service, focusing only on the competitive wireless broadband market. Because of this competition, it isn’t fair to impose different rules on ISPs than on websites, they wrote. “Others argue that ISPs should be treated differently because consumers face a unique lack of choice and competition in the broadband marketplace,” Pai and Ohlhausen wrote in their op-ed. “But that claim doesn’t hold up to scrutiny either. For example, according to one industry analysis, Google dominates desktop search with an estimated 81 percent market share (and 96 percent of the mobile search market), whereas Verizon, the largest mobile broadband provider, holds only an estimated 35 percent of its market.” […] Instead of addressing the lack of competition in home Internet service, Pai and Ohlhausen simply didn’t mention it in their op-ed. But they argued that ISPs shouldn’t face stricter privacy rules than search engines and other websites because of the level of competition in broadband and the amount of data companies like Google collect about Internet users. “As a result, it shouldn’t come as a surprise that Congress decided to disapprove the FCC’s unbalanced rules,” they wrote. “Indeed, the FTC’s criticism of the FCC’s rules last year noted specifically that they ‘would not generally apply to other services that collect and use significant amounts of consumer data.'”
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