I started reading the overturned order...19 pages in I realized there
were 200 pages to go and I don't have time for it.
The privacy protections stated in the existing US Code section 222
(https://www.law.cornell.edu/uscode/text/47/222) seem clear and
sufficient to me. What additional protections would the overturned FCC
order have provided consumers. What additional burdens would it impose
on ISP's?
------ Original Message ------
From: "Mark Radabaugh" <[email protected]>
To: [email protected]
Sent: 3/31/2017 2:21:37 PM
Subject: Re: [AFMUG] ISP Privacy Pledge
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
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
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]> 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]> 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]] On Behalf Of Peter Kranz
Sent: Thursday, March 30, 2017 5:10 PM
To:[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]
From: Af [mailto:[email protected]] On Behalf Of Rory Conaway
Sent: Thursday, March 30, 2017 5:02 PM
To:[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]] On Behalf Of Peter Kranz
Sent: Thursday, March 30, 2017 3:30 PM
To:[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/
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]
