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Hollow Privacy Promises from Major Internet Service Providers

Author: Jeremy Gillula / Source: Electronic Frontier Foundation

It’s no surprise that Americans were unhappy to lose online privacy protections earlier this month. Across party lines, voters overwhelmingly oppose the measure to repeal the FCC’s privacy rules for Internet providers that Congress passed and President Donald Trump signed into law.

But it should come as a surprise that Republicans—including the Republican leaders of the Federal Communications Commission and the Federal Trade Commission—are ardently defending the move and dismissing the tens of thousands who spoke up and told policymakers that they want protections against privacy invasions by their Internet providers.

Since the measure was signed into law, Internet providers and the Republicans who helped them accomplish this lobbying feat have decried the “hysteria,” “hyperbole,” and “hyperventilating” of constituents who want to be protected from the likes of Comcast, Verizon, and AT&T. Instead they’ve claimed that the repeal doesn’t change the online privacy landscape and that we should feel confident that Internet providers remain committed to protecting their customers’ privacy because they told us they would despite the law.

We’ve repeatedly debunked the tired talking points of the cable and telephone lobby: There is a unique, intimate relationship and power imbalance between Internet providers and their customers. The FTC likely cannot currently police Internet providers (unless Congress steps in, which the White House said it isn’t pushing for at this time). Congress’ repeal of the FCC’s privacy rules does throw the FCC’s authority over Internet providers into doubt. The now-repealed rules—which were set to go into effect later this year—were a valuable expansion and necessary codification of existing privacy rights granted under the law. Internet providers have already shown us the creepy things they’re willing to do to increase their profits.

The massive backlash shows that consumers saw through those industry talking points, even if Republicans in Congress and the White House fell for them.

Now that policymakers have effectively handed off online privacy enforcement to the Internet providers themselves, advocates for the repeal are pointing to the Internet providers’ privacy policies.

“Internet service providers have never planned to sell your individual browsing history to third parties,” FCC Chairman Ajit Pai and FTC acting Chairwoman Maureen Ohlhausen wrote in a recent op-ed. “That’s simply not how online advertising works. And doing so would violate ISPs’ privacy promises.”

Aside from pushing back on oversimplification of the problem at hand, we should be asking: What exactly are the…

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