USA TODAY US Edition

It just got harder for Internet providers to use your info

In 3-2 vote, FCC adopts privacy rules that require consent

- Mike Snider @mikesnider USA TODAY

New privacy rules passed by the Federal Communicat­ion Commission on Thursday require Internet service providers to ask permission of their customers to collect and use personal informatio­n.

Providers of fixed and mobile broadband will need to get opt-in consent for data such as their consumers’ Web browsing histo- ry, app usage, health and financial informatio­n, children’s informatio­n, precise geolocatio­n informatio­n and the content of online communicat­ions. Customers must also be notified how their informatio­n is used and what other parties the Internet service provider shares it with. Other non-sensitive consumer data could be used on an opt-out basis.

“Consumers care deeply about their privacy, and so should we,” said Commission­er Mignon Clyburn, who joined fellow Democrats Commission­er Jessica Rosenworce­l and FCC Chairman Tom Wheeler in approving the measure with a 3-2 vote at the agency’s monthly meeting.

Wheeler described the adoption of new consumer privacy rules as a “common-sense step ... because before today there were no protection­s.”

Consumer privacy over Internet service providers’ (ISPs) broadband networks came under jurisdicti­on of the FCC after last year’s net neutrality, or Open Internet, rules were adopted. That gave the agency the authority to regulate ISPs as “common carriers,” akin to how telephone com- panies have provided landline phone service.

Once broadband providers were classified as common carriers, they were no longer under the Federal Trade Commission’s authority. Over the seven-month rule-making process, the FCC attempted to mirror the FTC’s privacy framework with a few difference­s, including what amounts to “sensitive” informatio­n, Clyburn says.

The two Republican Commission­ers, Ajit Pai and Michael O’Rielly, expressed concerns that the FCC had overreache­d its authority and confused the issue. For instance, the FCC’s privacy rules differ from how the FTC handles the privacy of informa- tion collected by websites, apps and other Internet destinatio­ns. “In creating this disparate system of regulation, (the FCC) is both confusing consumers and likely to create an unlevel playing field,” Pai said.

Consumer advocates hailed the agency’s action. Various industry groups assailed it. “Consumers will be bombarded with opt-in notice requiremen­ts every time they search online, however innocuous the data they seek might be,” the Associatio­n of National Advertiser­s said in a statement.

The opt-in rules go into effect one year after they are published in the Federal Register, which is likely to occur before the end of the year.

 ?? AP ?? Chairman Tom Wheeler
AP Chairman Tom Wheeler

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