Chief law enforcement officials in 16 states wrote Monday to express concerns over a federal proposal that would regulate the privacy practices of broadband providers while exempting big tech companies, saying it would threaten consumer privacy and complicate “an already complex regulatory environment.”
“Consumers value their privacy and the security of their personal information, period. They do not differentiate between who has access to their information in the online environment,” the group of attorneys general wrote in a letter to the Federal Communications Commission.
“Crafting a patchwork of regulations imposes extra burdens on all who seek to protect consumer privacy, forcing them to navigate artificial distinctions before they can determine what rules do or do not apply in a particular circumstance,” they added.
The agency is considering whether to regulate the privacy practices of ISPs as it relates to retaining and sharing consumer data for third-party marketing purposes. The agency assumed authority to regulate privacy practices in 2015 when it voted to reclassify broadband providers as public utilities. Democrats on the commission suggest the rules are needed to protect consumers, while Republicans question what value they would hold when so-called “edge providers” like Google and Facebook would remain exempt under the proposal.
The group of state law enforcement chiefs, led by Michigan Attorney General Bill Schuette, cited concerns about their prospective inability to prevent that from happening under the terms of the proposal.
“If this proposed rule moves forward not only may it be read to preempt important state laws that effectively protect consumers’ privacy, but this new approach will also foster a byzantine regulatory environment rather than clear, enforceable requirements that improve data privacy for all consumers,” the group argued.
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“We are convinced that the privacy interests of consumers are best protected by harmonized enforcement and regulatory mechanisms that are technologically neutral,” the AGs wrote. “We further believe that the law enforcement approach authorized by existing legal authority in each of our states has distinct advantages over new prescriptive regulatory approaches.
“Given these concerns we urge the FCC to withdraw the proposed rule and engage with the Federal Trade Commission and state attorneys general to determine the most effective path forward to protect consumers and their privacy,” they added.
The issue comes at a time that the FCC is considering a number of proposals that hold significant implications for the framework of federal privacy regulations. The agency is also set to vote on a rule that would allow tech companies like Amazon, Google or Netflix in on cable services, a practice that critics say could come at the expense of consumers’ personal data.
The agency is scheduled to take both issues up at its next open meeting on Sept. 29.
