GOODBYE PRIVACY: CONGRESS MOVES TO SCRAP LANDMARK INTERNET PRIVACY RULES
It has started! Your private life is not yours anymore! Recently, the Senate passed a bill in a close 50-48 vote that aims to deregulate the regulations for the technology and telecommunication industry. This is the first Republican step towards phasing out the Internet privacy protection laws implemented during the Obama administration. The House of Representatives will most probably follow the Senate’s lead, after which the bill will go to President Trump for signature.The move is going to be detrimental for the privacy of an average American.
But, how? What is going to happen?
Once these laws are scrapped, companies like Verizon, AT&T, and Comcast can track and share people’s app activity as well as browsing history with anyone they like without any prior permission from their users. These companies will have complete freedom to monitor the online behavior of Americans, collect data and sell this information to the highest bidders.
Consumer advocates are alarmed by the move. According to them, these Internet protection laws are among the strongest sets of policies America had seen. Scrapping them is a regressive step. They see no reason or logic in such a move. They argue that the laws were there to protect the privacy of the citizens. It is not a huge liability for a service provider to ask the permission of a user to collect their sensitive information. As Dallas Harris from the consumer group, Public Knowledge puts it, “That’s not a lot to ask”.
Consumer advocates are alarmed by the move. According to them, these Internet protection laws are among the strongest sets of policies America had seen. Scrapping them is a regressive step. They see no reason or logic in such a move. They argue that the laws were there to protect the privacy of the citizens. It is not a huge liability for a service provider to ask the permission of a user to collect their sensitive information. As Dallas Harris from the consumer group, Public Knowledge puts it, “That’s not a lot to ask”.
The privacy rules drawn by the Federal Communications Commission (FCC) in October are at the center of this whole mess. But, they are only a small part of the complete puzzle. Republicans have scrapped an entire batch of policies related to tech and telecom industry. These are the same policies that had drawn the ire of telecom majors and conservative lawmakers.
Tom Wheeler, former Chairman of the FCC under the Obama administration, had brought broadband services under the same regulatory umbrella as the telephone services. This move appreciated the significance of the Internet in all aspects of modern living. The Internet was being used as a mode of communication, for work, to do business, impart education, and other things.
The Internet clearly plays such a crucial role in all our lives that it called for stricter Internet privacy laws to protect the Internet users. Under Mr. Wheeler, the FCC passed the privacy laws that required companies to seek the permission of the users before tracking their online activity. They also had to take measures to protect the consumer data.These rules would have become effective by the end of this year.
The Internet clearly plays such a crucial role in all our lives that it called for stricter Internet privacy laws to protect the Internet users. Under Mr. Wheeler, the FCC passed the privacy laws that required companies to seek the permission of the users before tracking their online activity. They also had to take measures to protect the consumer data.These rules would have become effective by the end of this year.
Ajit Pai, the current chairman of FCC offers a counterargument to the discussion, which is the polar opposite of his predecessor.According to him, the existing laws were arduous and unnecessarily restrictive for the telecom companies. Jeff Flake, the Republican Senator from Arizona, also expressed similar views. He used words like “unnecessary”, ”confusing”, and ”innovation-stifling” to describe the current set of policies. He was quoted saying this while he was introducing a motion to retract the rules using the Congressional Review Act.
Everything said and done, this Congressional vote is a huge win for the big telecom companies. Their lobbying efforts finally paid off. Broadband providers had actually created 21st Century Privacy Coalition, a lobbying group, to amass support against the Internet privacy laws. John Leibowitz, former Chairman of the Federal Trade Commission, was leading these lobbying efforts from the front.
Once the Congress came out with its vote, NCTA-The Internet& Television Association, the lobby group for the cable industry, was the first to comment. They appreciated the repeal of such rules that “deny consumers consistent privacy protection online and violate competitive neutrality”.
But, this is not the end of deregulation that benefits telecom giants like Comcast and AT&T. With Republicans controlling the Government as well as the FCC, these companies are now pushing for a rollback on net-neutrality as well. The companies say that this legislation restricts them from investing in new infrastructure and creating jobs.
The new FCC chairman is already having discussions with the Republican allies on these issues. More than a dozen regulations are being changed. These touch upon various rules pertaining to Internet service providers. One of them relates to Lifeline, which is a program under which subsidies are offered to broadband customers belonging to lower-income groups.
Developments like these are hinting at a very disturbing fact – Federal Trade Commission (FTC), whose sole purpose is to protect the interests of the consumers,has no power to regulate broadband service. With FTC out of the picture, and the FCC repealing the privacy rules, the Government will not have effective tools to protect the interests of an Internet user.
Sensitive information pertaining to money, health, etc. can now be tracked and shared without any knowledge of the user. As Senator Markey from Massachusetts put it, “information can be used, shared and sold to the highest bidder without their (Internet user’s)permission”.
Sensitive information pertaining to money, health, etc. can now be tracked and shared without any knowledge of the user. As Senator Markey from Massachusetts put it, “information can be used, shared and sold to the highest bidder without their (Internet user’s)permission”.
Democrats were on the Senate floor this week raising an alarm over what could happen if the laws are repealed. They said that broadband providers will now have uninhibited access to the lives of their customers. By unregulated tracking, they will be able to tell when a person wakes up,when they go to work,what they had for lunch, what their medical history looks like, and everything in between.
The FCC Chairman, on the other hand, thinks that rules should only be based on solid proof of harmful activity. He argues that web companies like Google and Facebook are direct competitors to telecom companies for access to any kind of online content. So, any rules that are created for broadband service providers should also be applicable to these Internet companies to maintain a level playing field. According to Republicans, the FTC should be the regulatory body looking after issues of online privacy as well.
However, Democrats see a fundamental flaw in this argument. According to them, Internet users have limited options when it comes to choosing broadband service providers. This makes them more vulnerable to data collection. This gives the telecom companies a much greater power. They can track each and every step of an Internet user. On the other hand, web companies can only track their users if they happen to use their services.
It is true that there are many substitutes to web services like Google and Facebook, which give the users the freedom to avoid them if they are not satisfied with their privacy policies. However, in practice, these two services command near-monopoly in their respective domains, and attract users in massive numbers. Because they have become synonymous with the services they offer, the users hardly choose the alternatives. Perhaps, instead of getting rid of the privacy laws applying to the telecom companies, these laws should be extended to cover web services as well. That’s exactly the opposite of what is happening today.
However, Democrats see a fundamental flaw in this argument. According to them, Internet users have limited options when it comes to choosing broadband service providers. This makes them more vulnerable to data collection. This gives the telecom companies a much greater power. They can track each and every step of an Internet user. On the other hand, web companies can only track their users if they happen to use their services.
It is true that there are many substitutes to web services like Google and Facebook, which give the users the freedom to avoid them if they are not satisfied with their privacy policies. However, in practice, these two services command near-monopoly in their respective domains, and attract users in massive numbers. Because they have become synonymous with the services they offer, the users hardly choose the alternatives. Perhaps, instead of getting rid of the privacy laws applying to the telecom companies, these laws should be extended to cover web services as well. That’s exactly the opposite of what is happening today.