March 7, 2017
Dear Chairman Thune and Ranking Member Nelson,
We, the undersigned organizations and trade associations, thank the Senate Commerce, Science, and Transportation Committee for holding its oversight hearing of the Federal Communications Commission (“FCC”) and congratulate Commissioner Ajit Pai on his designation as Chairman.
We oppose the FCC’s midnight Broadband Privacy Rule, which was adopted just days before last year’s election, and urge Congress to use the Congressional Review Act (“CRA”) to disapprove this innovation-inhibiting regulation.
The rule harms consumers because it creates confusion in a regulatory environment in which customer data is regulated by two different agency standards, based on whether information is used by an internet service provider or edge provider. Last year, Chairman Pai testified before Congress about the negative effects of the FCC tearing up the unified approach to privacy regulation that was previously administered by the Federal Trade Commission (“FTC”). In fact, the FCC refused to adopt the FTC’s recommended privacy framework, which has served customers well for years. The FCC provided no evidence to substantiate the proposition that broadband providers respected consumer privacy any less than other members of the internet ecosystem.