Case Detail

In re: Proposed FCC Rule on Protecting Privacy
(Regulatory Proceeding)
On May 27, 2016, WLF filed formal comments with the FCC, urging it to withdraw its recently proposed privacy rule that would effectively ban Internet Service Providers (ISP) from using commercial data for most marketing purposes. WLF’s comments demonstrate that the agency’s proposed rule not only exceeds the FCC’s statutory grant of authority, but it actually conflicts with more explicit provisions of the governing statutes. Moreover, by singling out the marketing speech of ISPs for burdensome regulation, WLF argues, the FCC’s rule constitutes an impermissible content- and speaker-based restriction that discriminates against ISPs in violation of the First Amendment. Ultimately, WLF’s comments contend, the proposed rule will raise consumer costs and slow broadband deployment without providing customers anything more than a false sense of privacy.
Case Status:
Awaiting agency action.
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