FCC should not leave broadband privacy rules to FTC

[Commentary] The Federal Communications Commission decided to put on hold a portion of its historic privacy rule approved just a few months ago – the part dealing with data security. Congress is considering whether to use the Congressional Review Act to eliminate the FCC broadband privacy rules in their entirety – a move that would also prevent the FCC from issuing similar rules in the future. The rationale offered for all this action is that the rule is not consistent with how the Federal Trade Commission protects consumer privacy and data security – and that Internet service providers (your cable and wireless companies) are, therefore, being subjected to different requirements than other companies and platforms on the Internet (the “edge providers”). In the words of Acting FTC Chairman Maureen Ohlhausen and FCC Chairman Ajit Pai, “The federal government shouldn’t favor one set of companies over another."

But here’s the thing: The Federal Trade Commission does not have jurisdiction over the security and privacy practices of broadband, cable and wireless carriers.