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Broadband Privacy Letter to FCC: January 20, 2016 Tom Wheeler Chairman Federal Communications Commission 445 12th St., SW Washington, D.C. 20554 Re: Broadband Privacy Rulemaking Dear Chairman Wheeler: The undersigned organizations urge you to commence a rulemaking as soon as possible to protect the privacy of broadband consumers. As Commissioner Julie Brill of the Federal Trade Commission (FTC) stated in a recent speech on broadband and privacy, the Federal Communications Commission’s (FCC) reclassification of broadband as a Title II common carrier service adds it as “a brawnier cop on the beat” on privacy issues. She welcomed the opportunity for the two agencies to work in cooperation to create “strong consumer privacy and data security [that] are key ingredients of our data-intensive economy, including the practices of broadband providers.” Providers of broadband Internet access service, including fixed and mobile telephone, cable, and satellite television providers, have a unique role in the online ecosystem. Their position as Internet gatekeepers gives them a comprehensive view of consumer behavior and until now privacy protections for consumers using those services have been unclear. Nor is there any way for consumers to avoid data collection by the entities that provide Internet access service. As the role of the Internet in the daily lives of consumers increases, this means an increased potential for surveillance. This can create a chilling effect on speech and increase the potential for discriminatory practices derived from data use. By contrast, commonsense protections may lead to a broader adoption and use of the Internet, as individuals gain confidence in conducting everyday business and exploring new services online. With the recently signed Memorandum of Understanding on Consumer Protection between the FCC and FTC outlining continuing interagency cooperation on privacy, the FCC is now well positioned to take its place as that “brawnier cop on the beat” focusing on broadband providers. We therefore strongly urge that the FCC move forward as quickly as possible on a Notice of Proposed Rulemaking proposing strong rules to protect consumers from having their personal data collected and shared by their broadband provider without affirmative consent, or for purposes other than providing broadband Internet access service. The proposed rules should also provide for notice of data breaches, and hold broadband providers accountable for any failure to take suitable precautions to protect personal data collected from users. In addition, the rules should require broadband providers to clearly disclose their data collection practices to subscribers, and allow subscribers to ascertain to whom their data is disclosed. We thank you for your continuing commitment to consumer privacy protection. In addition to the Commission’s important decision last year to retain authority to protect consumer privacy on broadband telecommunications services, the FCC has worked diligently under your administration to enforce existing privacy protections for voice communication, and to require greater transparency for broadband provider service practices. We look forward to working with you to modernize these existing rules to clarify crucially important protections for consumers online. Sincerely, Access Access Humboldt Access Sonoma Broadband American Association of Law Libraries American Civil Liberties Union Appalshop, Inc. Ashbury Senior Computer Community Center Benton Foundation Broadband Alliance of Mendocino County California Center for Rural Policy CALPIRG Campaign for Commercial-Free Childhood Caney Fork Headwaters Association Center for Democracy & Technology Center for Digital Democracy Center for Rural Strategies Center for Science in the Public Interest Chicago Consumer Coalition Children Now Common Sense Kids Action Consumer Action Consumer Assistance Council of Cape Cod and the Islands of Massachusetts Consumer Federation of America Consumer Federation of California Consumer Watchdog Cornucopia Network NJ/TN Chapter Cumberland Countians for Ecojustice Electronic Frontier Foundation Free Press Institute for Local Self-Reliance Kentucky Equal Justice Center Maryland Consumer Rights Coalition Massachusetts Consumer Council Maui County Community Television Mountain Area Information Network National Association of Consumer Advocates National Consumer Law Center (on behalf of its low income clients) National Consumers League National Digital Inclusion Alliance National Hispanic Media Coalition Network for Environmental & Economic Responsibility of United Church of Christ North Carolina Consumers Council Oklahoma Policy Institute Open Library Open Technology Institute at New America Oregon Consumer League Privacy Rights Clearinghouse Privacy Times Public Citizen Public Health Advocacy Institute at Northeastern University School of Law Public Knowledge Rudd Center for Food Policy & Obesity, University of Connecticut Schools, Health & Libraries Broadband Coalition (SHLB Coalition) Southern California Tribal Digital Village Texas Legal Services Center U.S. PIRG United Church of Christ, OC Inc. World Privacy Forum X-Lab --- Full letter attached.