This is the order that was overturned by Congress, and will go away if the President signs the CRA: https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-148A1.pdf <https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-148A1.pdf>
There are many more issues with this rule than the press is making noise about. The rules would impose significant cost and liability on small providers. WISPA signed onto a stay request with the FCC asking the agency to put implementation of the rules on hold while the issues with the new rule were address. In supporting the stay request WISPA signed onto the letter from many other groups and stated that we would be requesting our members to support the below “Privacy Principals” while the stay was in effect. The ‘stay’ request was granted by the FCC. WISPA was not the driving force behind the “Congressional Review Act” that Congress used to overturn the rules this week. I’m surprised that it passed. I’m sure there was some serious lobbying from the large providers behind it’s passage. The rules that Congress overturned were not the only rules that applied to Privacy from the FCC and, as others have pointed out, had never taken effect. As ISP’s we are still under common carrier regulation and Section 222 “Privacy of Customer Information” applies. https://www.law.cornell.edu/uscode/text/47/222 <https://www.law.cornell.edu/uscode/text/47/222> These are the principals we are asking our members to follow: ISP Privacy Principles ISPs understand the trust our customers place in us, and we are committed to protecting our customers’ privacy and safeguarding their information. For 20 years, we have implemented policies and practices that are consistent with the FTC’s widely respected and effective privacy framework and other federal and state privacy laws. This framework helped drive the success of today’s Internet ecosystem by balancing consumer protection with the flexibility necessary to innovate. We understand the importance of maintaining our customers’ trust. That is why we will continue to provide consumer privacy protections, while at the same time meeting consumers’ expectations for innovative new product solutions to enhance their online experiences. Regardless of the legal status of the FCC’s broadband privacy rules, we remain committed to protecting our customers’ privacy and safeguarding their information because we value their trust. As policymakers evaluate the issues, we will maintain consumer protections that include the following: Transparency. ISPs will continue to provide their broadband customers with a clear, comprehensible, accurate, and continuously available privacy notice that describes the customer information we collect, how we will use that information, and when we will share that information with third parties. Consumer Choice. ISPs will continue to give broadband customers easy-to-understand privacy choices based on the sensitivity of their personal data and how it will be used or disclosed, consistent with the FTC’s privacy framework. In particular, ISPs will continue to: (i) follow the FTC’s guidance regarding opt-in consent for the use and sharing of sensitive information as defined by the FTC; (ii) offer an opt-out choice to use non-sensitive customer information for personalized third-party marketing; and (iii) rely on implied consent to use customer information in activities like service fulfillment and support, fraud prevention, market research, product development, network management and security, compliance with law, and first-party marketing. This is the same flexible choice approach used across the Internet ecosystem and is very familiar to consumers. Data Security. ISPs will continue to take reasonable measures to protect customer information we collect from unauthorized use, disclosure, or access. Consistent with the FTC’s framework, precedent, and guidance, these measures will take into account the nature and scope of the ISP’s activities, the sensitivity of the data, the size of the ISP, and technical feasibility. Data Breach Notifications. ISPs will continue to notify consumers of data breaches as appropriate, including complying with all applicable state data breach laws, which contain robust requirements to notify affected customers, regulators, law enforcement, and others, without unreasonable delay, when an unauthorized person acquires the customers’ sensitive personal information as defined in these laws. These principles are consistent with the FTC’s privacy framework, which has proved to be a successful privacy regime for many years and which continues to apply to non-ISPs, including social media networks, operating systems, search engines, browsers, and other edge providers that collect and use the same online data as ISPs. That framework has protected consumers’ privacy while fostering unprecedented investment and innovation. The principles are also consistent with the FCC’s May 2015 Enforcement Advisory, which applied to ISPs for almost two years while the FCC’s broadband privacy rules were being considered. The above principles, as well as ISPs’ continued compliance with various federal and state privacy laws, will protect consumers’ privacy, while also encouraging continued investment, innovation, and competition in the Internet ecosystem. Mark Radabaugh WISPA FCC Committee Chair [email protected] 419-261-5996 > On Mar 31, 2017, at 11:50 AM, Mathew Howard <[email protected]> wrote: > > Somebody posted the link to the WISPA filing on this in the other thread > here... there is more going on here than the stuff about selling information > that's stuck all over the news. > Maybe it is a big corporate handout, in some ways, but as far as I can tell, > it's good for the likes of us in every way. We've already had several > customers worried that we're going to sell there information, and being able > to tell them that we have no intention of ever doing so is a good selling > point to those people... sure, the main reason that we aren't going to sell > that info may be because we don't have it, and we're too small for anybody to > want it even if we did, but that's beside the point. > > As far as I know, it hadn't ever actually taken effect anyway, so despite > what you'd think from what's on the news, nothing is actually changing from > how it always has been. > > On Thu, Mar 30, 2017 at 8:48 PM, Jason McKemie > <[email protected] <mailto:[email protected]>> > wrote: > This is a big corporate handout, no need to get conspiracy theories involved. > > On Thu, Mar 30, 2017 at 8:47 PM, Rory Conaway <[email protected] > <mailto:[email protected]>> wrote: > One other thing that I’m sure the Republicans considered when supporting this > bill. They know Google has been supplying and manipulating data and search > engines for the Democrats for years. Hell, they started a company > specifically to do just that. I think the Republicans are looking at having > access to that data as being important. > > > > Rory > > > > > > From: Af [mailto:[email protected] <mailto:[email protected]>] On > Behalf Of Peter Kranz > Sent: Thursday, March 30, 2017 5:10 PM > To: [email protected] <mailto:[email protected]> > Subject: Re: [AFMUG] ISP Privacy Pledge > > > > It’s true, and it is the core business case of many other social network > companies, but people can choose not to use google.. How do they choose not > to use the only ISP in their market? > > > > Peter Kranz > www.UnwiredLtd.com <http://www.unwiredltd.com/> > Desk: 510-868-1614 x100 <tel:(510)%20868-1614> > Mobile: 510-207-0000 <tel:(510)%20207-0000> > [email protected] <mailto:[email protected]> > > > From: Af [mailto:[email protected] <mailto:[email protected]>] On > Behalf Of Rory Conaway > Sent: Thursday, March 30, 2017 5:02 PM > To: [email protected] <mailto:[email protected]> > Subject: Re: [AFMUG] ISP Privacy Pledge > > > > I heard a comment today that I had not thought about. Apparently Google has > been selling this data for years. The ISPs wanted to have the same rights. > Of course, prohibiting Google from selling this information never crossed > their minds. > > > > Rory > > > > From: Af [mailto:[email protected] <mailto:[email protected]>] On > Behalf Of Peter Kranz > Sent: Thursday, March 30, 2017 3:30 PM > To: [email protected] <mailto:[email protected]> > Subject: [AFMUG] ISP Privacy Pledge > > > > While the FCC’s proposed “Protecting the Privacy of Customers of Broadband > and Other Telecommunication Services” rule might not have been perfect, and > potentially difficult to implement for small ISPs and WISPS, I think the > basic concept was sound. I created a simple non-legally binding pledge that > small ISPs and WISPS can sign up that I feel will demonstrate one of the > clear differentiators between us and larger ISPs who seek to commodify every > aspect of their customer’s usage. > > > > Check it out at http://privacypledge.us/ <http://privacypledge.us/> > > > I’m open to comments or revisions, as my goal is not to own this, but to try > to get some visibility for our industry and its unique respect for the end > user. > > > > Peter Kranz > www.UnwiredLtd.com <http://www.unwiredltd.com/> > Desk: 510-868-1614 x100 <tel:(510)%20868-1614> > Mobile: 510-207-0000 <tel:(510)%20207-0000> > [email protected] <mailto:[email protected]> > > > >
