Washington, D.C. – In today’s hearing before the Senate Judiciary Subcommittee on Privacy, Technology and the Law, Chairman Jeff Flake (R-Ariz.) sought answers on the legality of the privacy rules proposed by the Federal Communications Commission (FCC) and the consequences as it pertains to consumers and the future of the internet. The hearing follows notice of the FCC’s plans to impose prescriptive data restrictions for internet service providers in an attempt to exercise its recently annexed privacy powers.
“The dynamic and innovative internet our economy has come to rely on would most likely not exist had static regulations like these been imposed in the past,” said Flake. “I share the concerns of many that these proposed rules are simply another step in the FCC’s overreaching attempt to make itself the policeman of the internet.”
Video of Flake's opening remarks can be viewed here.
A transcript of Flake’s opening remarks can be viewed below.
Video of Flake’s questions can be viewed here.
Background: On Jan. 29, Flake sent a letter to FCC Chairman Tom Wheeler expressing concerns that the FCC is overreaching its authority with planned privacy regulations for broadband providers. The signed letter can be viewed here.
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We are here today to discuss the Federal Communication Commission’s proposed privacy rules that are currently in the notice and comment phase. The FCC, under its most recent net neutrality order, created a vacuum in privacy enforcement when it reclassified broadband as a common carrier under Title II of the Communications Act.
Previously the FTC had successfully enforced privacy against broadband providers. Except for the net neutrality order, the FTC would still be doing that. Over the last 10 years the FTC has brought a number of enforcement actions against broadband providers, however none were as a result of privacy violations.
Given that, many wonder what justifies the new proposed rules, which are a significant deviation from the FTC’s approach and more burdensome as well. In fact, there are widespread concerns that these proposed rules are another step in the FCC’s attempt to become the policeman of the internet. These rules will also have a number of problematic consequences.
First and foremost the proposed rules will impose unnecessary and static regulations on a dynamic and innovative internet ecosystem.
Would we have the same internet today if these prescriptive rules were imposed a decade ago? I am concerned that we would not. Additionally, it’s likely that these regulations would only confuse consumers and give them a false sense of security.
Finally, there are serious legal questions surrounding the proposed rules. In particular, are they consistent with the First Amendment.
To discuss these issues we have assembled what I believe to be the perfect panel. We have the chairpersons and minority members of both the FCC and the FTC to provide their perspective.
I thank them for appearing here today and I look forward to the testimony.
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