The Federal Communications Commission (“FCC”) has released details of its Notice of Proposed Rulemaking (“NPRM”) that proposes new privacy rules for broadband Internet service providers. The new rules would place restrictions on the way broadband providers can use customer data. Consent would be presumed where customer data is used as part of the customer relationship created when a customer signs up for broadband services, including marketing related to that relationship. Opt-out options would be required to be available in cases when a broadband provider uses customer data to market other communications services or when sharing customer data with affiliates that provide communications services. All other data uses would be subject to an opt-in provision, including the use of advanced tracking technologies for advertising purposes.
Details of the NPRM have been posted to the FCC’s website:
- News Release: FCC Proposes to Give Broadband Consumers Increased Choice, Transparency and Security for their Personal Data
- Statements of: Chairman Wheeler, Commissioner Clyburn, Commissioner Rosenworcel, Commissioner O’Rielly
The FCC is expected to release the full text of the NPRM and the deadline for submitting comments in the coming days. If you are interested in submitting comments or have any other questions about the proceeding, please do not hesitate to contact Linda McReynolds, lgm@commlawgroup.com – 703-714-1318.
