Why Trump’s repeal of ISP rules matters

Democrats had passed the privacy regulations just five months ago

The rules gave consumers more say in how their personal data would be collected and used.

On Monday, President Trump signed a congressional resolution repealing rules that would have required Internet service providers to get customer permission to collect, use and sell information about your online habits.

The pending regulations had been passed five months ago by the Democrat- led Federal Communications Commission. The repeal was lauded by Republicans and broadband providers, who had complained of an unfair playing field vs. Web providers such as Google. Democrats and con- sumer groups warned consumer privacy would be more at risk without the rules.

AT& T, Comcast and Verizon have each said they will not sell data to third parties.

Here’s what you need to know about the rules and broadband privacy:

ARE THERE ANY REMAINING RULES GOVERNING CONSUMER BROADBAND PRIVACY?

Yes. The FCC retains the authority to take action should an ISP commit unjust or unreasonable business practices. The Federal Trade Commission can also take action when companies act unfairly and deceptively.

But there is some question of the FTC’s authority because a recent federal court ruling found the agency had no jurisdiction over broadband companies — in this case, wireless provider AT& T — because the 2015 net neutrality rules gave that authority to the FCC.

Democrats and privacy advocates note that the new FCC rules set expectations of ISP conduct, while these remaining provisions involve after- the- fact enforcement.

ISPs, including mobile broadband providers, do have their voluntary privacy policies.

“Companies have a financial incentive to handle your personal data properly because to do otherwise would significantly impair their financial standing,” said Rep. Marsha Blackburn, R- Tenn., who sponsored the House resolution.

WHY DID THE FCC PASS THE RULES IN THE FIRST PLACE?

Then- FCC chairman Tom Wheeler, the Democrat who preceded current Chairman Ajit Pai, a Republican, sought to bolster consumers’ privacy protection with new rules giving them more say in how their personal data would be used.

The rules also required Net providers to maintain data security to protect consumer data. Without the rules, ISPs’ potential use of users’ browsing data could undermine cybersecurity, says Zouhair Belkoura, founder and CEO of content privacy company Keepsafe. That’s because browsing data must be decrypted and re- encrypted during your surfing, and that “leads to weaker securi- ty, which will make people more vulnerable to hacking incidents,” he said.

DO COMPANIES USE MY PERSONAL INFORMATION NOW?

Yes. Google and Facebook aggregate demographic and other profile data to offer advertisers desirable audiences. “The distinguishing factor here is that consumers choose to use Google and Facebook’s services and implicitly agree to trade some privacy for the convenience of their services,” Belkoura said.

WHAT HAPPENS NEXT?

Sen. Ed Markey, D- Mass., has already promised to introduce legislation charging the FCC to craft new “strong broadband” rules, an action that would allow the FCC to relook at the issue.