EFF Call for sign-ons: ISPs, networking companies and engineers opposed to FCC privacy repeal

Wed Mar 29 22:06:08 UTC 2017

> On Mar 29, 2017, at 5:53 PM, Dan Hollis <goemon at sasami.anime.net> wrote:
> 
> Why aren't _ALL_ consumer privacy regulations managed by the FTC?
> 
> Why is the FCC needed here?
> 
> -Dan

This was a consequence of the FCC declaring "information services” a Title II service in an attempt to avoid losing yet another lawsuit over the “Open Internet Principals” of No Blocking, No Throttling, and No Paid Prioritization.

Once the FCC declared the internet (information service) a common carrier service that removed all authority of the FTC to regulate.    The rules the FCC had in place on privacy are geared toward phone services, not the Internet.  The rules didn’t fit so they attempted to write internet specific regulations.   There was some good stuff in what the FCC wrote but a whole lot of overkill as well.

So what happens now?

If Trump signs the CRA (expected) the FCC can not recreate the rules until Congress authorizes them to.  Getting legislation allowing more regulation through Congress is pretty unlikely for the next couple of years.

If the FCC decides to roll back Title II that takes ‘information service’ out of Title II.  The FTC regains the authority to regulate Internet Service.

Congress is looking at a complete rewrite of the Communications Act.  Everything is up for grabs if this happens.

Mark