Yesterday, Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced a resolution that would overturn new privacy rules for internet service providers. “If the Federal Communications Commission rules are eliminated, ISPs would not have to get consumers’ explicit consent before selling or sharing web browsing data and other privacy information with advertisers and other third parties,” reports Ars Technica. “The measure would use lawmakers’ power under the Congressional Review Act to ensure that the FCC rulemaking ‘shall have no force or effect.’ The resolution would also prevent the FCC from issuing similar regulations in the future.” From the report: Flake’s announcement said he’s trying to “protect consumers from overreaching Internet regulation.” Flake also said that the resolution “empowers consumers to make informed choices on if and how their data can be shared,” but he did not explain how it will achieve that. The privacy order had several major components. The requirement to get the opt-in consent of consumers before sharing information covered geo-location data, financial and health information, children’s information, Social Security numbers, Web browsing history, app usage history, and the content of communications. This requirement is supposed to take effect on December 4, 2017. The rulemaking had a data security component that required ISPs to take “reasonable” steps to protect customers’ information from theft and data breaches. This was supposed to take effect on March 2, but the FCC under newly appointed Chairman Ajit Pai halted the rule’s implementation. Another set of requirements related to data breach notifications is scheduled to take effect on June 2. Flake’s resolution would prevent all of those requirements from being implemented. He said that this “is the first step toward restoring the [Federal Trade Commission’s] light-touch, consumer-friendly approach.” Giving the FTC authority over Internet service providers would require further FCC or Congressional action because the FTC is not allowed to regulate common carriers, a designation currently applied to ISPs.
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