Privacy not protected —

GOP senators’ new bill would let ISPs sell your Web browsing data

Senate resolution would throw out FCC's entire privacy rulemaking.

Republican senators yesterday introduced legislation that would overturn new privacy rules for Internet service providers. If the Federal Communications Commission rules are eliminated, ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.

As expected, Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced the resolution yesterday. The measure would use lawmakers' power under the Congressional Review Act to ensure that the FCC rulemaking "shall have no force or effect." The resolution would also prevent the FCC from issuing similar regulations in the future.

Flake's announcement said he's trying to "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared," but he did not explain how it will achieve that.

Flake called the FCC's privacy rulemaking "midnight regulation," even though it was approved by the commission in October 2016, before the presidential election, after a months-long rulemaking process.

“The FCC's midnight regulation does nothing to protect consumer privacy," Flake said. "It is unnecessary, confusing, and adds yet another innovation-stifling regulation to the Internet." Flake's announcement also said that the FCC-imposed "restrictions have the potential to negatively impact consumers and the future of Internet innovation."

Opt-in rule and other requirements

The privacy order had several major components. The requirement to get the opt-in consent of consumers before sharing information covered geo-location data, financial and health information, children’s information, Social Security numbers, Web browsing history, app usage history, and the content of communications. This requirement is supposed to take effect on December 4, 2017.

The rulemaking had a data security component that required ISPs to take "reasonable" steps to protect customers' information from theft and data breaches. This was supposed to take effect on March 2, but the FCC under newly appointed Chairman Ajit Pai halted the rule's implementation. Another set of requirements related to data breach notifications is scheduled to take effect on June 2.

Flake's resolution would prevent all of those requirements from being implemented. He said that this "is the first step toward restoring the [Federal Trade Commission's] light-touch, consumer-friendly approach." Giving the FTC authority over Internet service providers would require further FCC or Congressional action because the FTC is not allowed to regulate common carriers, a designation currently applied to ISPs.

Flake's co-sponsors are US Sens. John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Shelly Moore Capito (R-W.Va.), Thad Cochran (R-Miss.), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Ted Cruz (R-Texas), Deb Fischer (R-Neb.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), James Inhofe (R-Okla.),  Ron Johnson (R-Wisc.), Mike Lee (R-Utah), Rand Paul (R-Ky.), Pat Roberts (R-Kan.), Marco Rubio (R-Fla.), Richard Shelby (R-Ala.), Dan Sullivan (R-Ark.), John Thune (R-S.D.), Roger Wicker (R-Miss.), Ron Johnson (R-Wisc.), and Jerry Moran (R-Kan.).

Democratic senators support consumer privacy protections

US Sen. Brian Schatz (D-Hawaii) blasted Flake's proposal.

“If this [resolution] is passed, neither the FCC nor the FTC will have clear authority when it comes to how Internet service providers protect consumers’ data privacy and security," Schatz said in a statement issued yesterday. "Regardless of politics, allowing ISPs to operate in a rule-free zone without any government oversight is reckless."

Sen. Edward Markey (D-Mass.) offered similar criticism. "Big broadband barons and their Republican allies want to turn the telecommunications marketplace into a Wild West where consumers are held captive with no defense against abusive invasions of their privacy by internet service providers,” Markey said. "Consumers will have no ability to stop Internet service providers from invading their privacy and selling sensitive information about their health, finances, and children to advertisers, insurers, data brokers or others who can profit off of this personal information, all without their affirmative consent."

217 Reader Comments

  1. Quote:
    ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.

    <sigh>

    Why on earth would anyone want to control their own private information? /s

    Quote:
    Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced the resolution yesterday

    As a resident of Arizona, I humbly apologize for Senator Jeff Flake et al.

    Last edited by THavoc on Wed Mar 08, 2017 9:39 am

    17729 posts | registered
  2. Having an always on VPN is looking better and better.
    1322 posts | registered
  3. If you don't like it you have the freedom to not use the internet.

    /s
    616 posts | registered
  4. Can't wait to see what a Senator's browsing history sells for after those idiots pass this disaster-in-waiting.
    847 posts | registered
  5. Where are the republican sycophants to defend this? Too early to rise from their crypts?
    159 posts | registered
  6. "Because fuck you, that's why."
    6449 posts | registered
  7. Oh, and because of the CRA, if this passes, the FCC can never re-introduce that privacy regulation ever again.
    5215 posts | registered
  8. Why oh why has Anonymous or Wikileaks or any of those other groups not been able to publish these GOP assholes' browsing history?


    Edit: ninja'd by eldonyo

    Last edited by dlux on Wed Mar 08, 2017 9:42 am

    15687 posts | registered
  9. Panick wrote:
    Having an always on VPN is looking better and better.



    You'll probably just get a blizzard of advertising from VPN providers.


    And when did the Republican Party motto become "Screw everyone, I got mine!". They aren't even pretending to give a rip about the American public at this point.
    2917 posts | registered
  10. Quote:
    ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.


    In a related bill, R lawmakers also included language which would enable providers of computer hardware to record every key(and mouse)strokes and use that information to market to specific demographics (writers, artists, etc.)

    /sarcasm (at least for now)

    What a stupid fucking bill.

    Last edited by publ_contact on Wed Mar 08, 2017 9:51 am

    132 posts | registered
  11. Oh, and because of the CRA, if this passes, the FCC can never re-introduce that privacy regulation ever again.

    Couldn't Congress pass something and change it at a future date tho?

    Granted, this is unlikely in the near future but I'm not sure "never" isn't a good description.

    Last edited by THavoc on Wed Mar 08, 2017 9:48 am

    17729 posts | registered
  12. DarthSlack wrote:
    And when did the Republican Party motto become "Screw everyone, I got mine!".

    Probably around the same time as the Southern Strategy, and building ever since.
    15687 posts | registered
  13. Quote:
    He said that this "is the first step toward restoring the [Federal Trade Commission's] light-touch, consumer-friendly approach."


    How the hell is invading and exploiting the privacy of consumers a "consumer-friendly approach"? :mad:
    376 posts | registered
  14. Quote:
    ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.


    leads to

    Quote:
    "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared,"


    Wait. How? I honestly can't see the connection between these two...
    753 posts | registered
  15. Quote:
    Big broadband barons and their Republican allies want to turn the telecommunications marketplace into a Wild West where consumers are held captive with no defense against abusive invasions of their privacy by internet service providers


    Oh no! but, consumers are poor uncomplicated souls who do not these complicated regulations.

    When confronted with a simple opt-in form, consumers go "Ohhh ... what do I know! this is all so complex .. I am a simple wallflower" and faint. R senators are out to protect these consumers!

    asshats!
    132 posts | registered
  16. THavoc wrote:
    Oh, and because of the CRA, if this passes, the FCC can never re-introduce that privacy regulation ever again.

    Couldn't Congress pass something and change it at a future date tho?

    Granted, this is unlikely in the near future but I'm not sure "never" is a good description.


    Well, yes, but that's true of any legislation of the like. They essentially are just writing in a clause that says FCC does not have the authority to do such and such, but the entire law can be repealed or amended at a later date by congress (though if I recall correctly, it's a more difficult vote than to enact a law).
    156 posts | registered
  17. Oh, yes, once again the Republican Party does the honorable thing, helping corporations exploit us secretly and without compensation. Truly the party of morality and law and order.
    8494 posts | registered
  18. RuhRoh wrote:
    Quote:
    He said that this "is the first step toward restoring the [Federal Trade Commission's] light-touch, consumer-friendly approach."


    How the hell is invading and exploiting the privacy of consumers a "consumer-friendly approach"? :mad:


    I'm really trying to think this through, and the closest I've gotten is that they believe by selling the data the savings will be passed on to the customer. Which of course won't happen. The companies will just horde the profits and possibly introduce a feature that doesn't include selling data for an extra 25.99$ a month.
    198 posts | registered
  19. Flake's announcement said he's trying to "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared," but did not explain how it will achieve that.

    We make a lot of jokes about 'Freedumb' and 'Murica here, but damned if it isn't based on a very real pattern of behavior by our voters and elected officials.

    How fucking stupid do you have to be to swallow one word of that?
    15687 posts | registered
  20. Bixmen wrote:
    Quote:
    ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.


    leads to

    Quote:
    "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared,"


    Wait. How? I honestly can't see the connection between these two...


    That's because you have not positioned your head correctly, i.e. up your ass.

    Obviously, these (R "law"makers) retards have their heads up their (or their masters') asses.

    :mad:

    Last edited by publ_contact on Wed Mar 08, 2017 9:50 am

    132 posts | registered
  21. By "consumer" he means "provider", which is just how language works in the world of Congress.
    113 posts | registered
  22. Panick wrote:
    Having an always on VPN is looking better and better.


    How does a user manage VPN blocking? I'm new at this (TunnelBear) and continually get captchas from Google search and complete blocks from other sites when it's on. It's not a smooth experience so far.
    838 posts | registered
  23. THavoc wrote:
    Quote:
    ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.

    <sigh>

    Why on earth would anyone want to control their own private information? /s

    Quote:
    Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced the resolution yesterday

    As a resident of Arizona, I humbly apologize for Senator Jeff Flake et al.


    He seems aptly named. I can foresee a jump in VPN services in the near future if this law passes.
    3021 posts | registered
  24. solomonrex wrote:
    Oh, yes, once again the Republican Party does the honorable thing, helping corporations exploit us secretly and without compensation. Truly the party of morality and law and order.


    Look, if you're too poor to afford the bootstraps you'd pull yourself up by, that's your own problem, you taker!
    2403 posts | registered
  25. Quote:
    Flake's announcement said he's trying to "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared," but did not explain how it will achieve that.


    Quote:
    “The FCC's midnight regulation does nothing to protect consumer privacy," Flake said. "It is unnecessary, confusing and adds yet another innovation-stifling regulation to the Internet." Flake's announcement also said that the FCC-imposed "restrictions have the potential to negatively impact consumers and the future of Internet innovation."


    The stuff in bold appears to be outright lies.
    The stuff in italics is without any evidence to support it.

    So a guy named Flake is a total scumbag. Whodathunkit?
    2 posts | registered
  26. It's double-plus good!
    1644 posts | registered
  27. Welcome to digital slavery, where we have no rights as consumers, except to not use the internet.
    125 posts | registered
  28. 639 posts | registered
  29. Panick wrote:
    Having an always on VPN is looking better and better.


    This might be the silver lining. VPN services becoming ubiquitous: quality, price, speed
    5 posts | registered
  30. THavoc wrote:
    Oh, and because of the CRA, if this passes, the FCC can never re-introduce that privacy regulation ever again.

    Couldn't Congress pass something and change it at a future date tho?

    Granted, this is unlikely in the near future but I'm not sure "never" isn't a good description.

    No. They'd have to undo the entire Congressional Review Act for the rule to go back into affect. Not impossible, but unless they do, the FCC can never reintroduce the same regulation and Congress cannot pass a law dictating the regulation either. That's how the CRA (stupidly) works.
    5215 posts | registered
  31. So hostile towards American citizens and yet people keep voting for them because it's their team.

    Every single time there is an article posted about screwing the people and catering only to the rich, you know who is on board or creating it.

    I seriously don't get why so many are okay with this. We don't need to live in an Orwellian society and no, every damn business doesn't need access to every single click, keystroke or piece of information about every web user.

    I get tired of saying "Fuck! Enough is enough!"
    5475 posts | registered
  32. THavoc wrote:
    Quote:
    Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced the resolution yesterday

    As a resident of Arizona, I humbly apologize for Senator Jeff Flake et al.


    Yeah, as a Texas resident, both of my senators backed it. I'm sorry. I didn't vote for them? I explicitly voted against them? But since I live in a big city (blue) my vote doesn't count. Because we don't want the cities to tell the country to live, god forbid. But the rural can tell the urban how to live, that's just natural.

    Edit: spelling
    104 posts | registered
  33. klnn wrote:
    SirBedwyr wrote:
    Panick wrote:
    Having an always on VPN is looking better and better.


    How does a user manage VPN blocking? I'm new at this (TunnelBear) and continually get captchas from Google search and complete blocks from other sites when it's on. It's not a smooth experience so far.

    Not using the number one free VPN would probably help...


    I'm a subscriber on their high tier.
    838 posts | registered
  34. andrewsc0 wrote:
    RuhRoh wrote:
    Quote:
    He said that this "is the first step toward restoring the [Federal Trade Commission's] light-touch, consumer-friendly approach."


    How the hell is invading and exploiting the privacy of consumers a "consumer-friendly approach"? :mad:


    I'm really trying to think this through, and the closest I've gotten is that they believe by selling the data the savings will be passed on to the customer. Which of course won't happen. The companies will just horde the profits and possibly introduce a feature that doesn't include selling data for an extra 25.99$ a month.


    I think that they actually consider targeted advertising to be a service to the consumer. "See ads that are more relevant to your interests!", etc.

    Ironically, due to their actions, my browsing tastes are going to run heavily towards Democratic activism and my targeted advertising will no doubt reflect that.
    69 posts | registered
  35. dlux wrote:
    DarthSlack wrote:
    And when did the Republican Party motto become "Screw everyone, I got mine!".

    Probably around the same time as the Southern Strategy, and building ever since.



    Didn't you hear? Being a dick is the new cool thing to do.
    1344 posts | registered

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