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senate Bill S. Joint Res. 34

Should an FCC Rule Imposing Data Privacy Requirements on Internet Service Providers be Repealed?

Argument in favor

The FCC’s new regulation conflicts with Federal Trade Commission rules and doesn’t do anything new to protect consumer privacy and imposes new requirements that stifle innovation. They deny internet service providers the ability to use consumer data like other internet companies (like Google) to make money.

TuckerWantsLiberty's Opinion

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03/23/2017

I'm totally in favor of protecting the individual's privacy, but let's solve this problem by increasing liberty rather than restricting it. Allow ISPs the legal opportunity to collect usage data. First of all, Google, Facebook, and the NSA are doing this on you already, so let's at least be consistent in the application of outrage over someone collecting data about our internet usage and history. Moving on, so now let's assume ISPs CAN collect usage data. WILL they? Sure, some will. And if it is important to you, as a consumer in a free market, to do business with an ISP that does NOT, well I bet you're not alone. I bet there's a market there that someone would be happy to cater to. At that point, under a free system, people who don't care can continue about their business with companies that have an extra way to create revenue that doesn't come from those consumers (in fact, I wouldn't be surprised if the opportunity to collect and sell usage data attracts new entrants into the market looking for that revenue stream, thereby increasing competition and lowering prices), and people who do care will do business with providers that cater to privacy. Not enough ISP competition in your area? Maybe the government should stop artificially restricting the ability of ISPs to compete through its mechanism of auctioning off exclusive regional provider contracts. No regulation required. What IS required is for consumers to be less mindless about what they're agreeing to. Take some personal responsibility about learning what you're signing up for.

Like (64)

operaman's Opinion

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03/23/2017

Frankly, I feel strongly Yea and Nay. But this FCC rule happened on Obama's watch just prior to the primary and I'm all things negative on Obama. Thus I will support Senator Flake with a Yea.

Like (45)

Matthew's Opinion

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03/23/2017

While I normally am against the seizure of private information without an official warrant, this would at least prevent internet service providers to be ability to unfairly profit

Like (17)

Argument opposed

Killing the FCC’s privacy rule would leave consumers defenseless against abusive invasions of their privacy by their internet service provider which can include deeply personal data that’s then sold for a profit. This resolution is a step towards rolling back net neutrality rules and needs to be stopped so the rule can remain.

Kathryn 's Opinion

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03/23/2017

This is similar to the Post Office opening your mail and collecting data to sell. The ISPs have no right to this information.

Like (1329)

Dennise's Opinion

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03/23/2017

The job of Congress is to protect citizens, not line the pockets of businesses. Do your job and protect my privacy!

Like (953)

Kristy's Opinion

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03/23/2017

I want my privacy. If you need access, get a warrant

Like (693)

What is Senate Bill S. Joint Res. 34?

This resolution would repeal a regulation put forward by the Federal Communications Commission (FCC) that limits broadband providers from accessing and collecting customer information, like app usage. web searches, and the content of communications. The rule was finalized by the Obama administration on October 27, 2016 and set to take effect in March 2017 before it was partially blocked by the FCC chairman.

The rule requires internet service providers (ISPs) to get an opt-in from consumers to use and share sensitive information including geo-location, financial information social security numbers, web browsing history, app usage history, and the content of communications. ISPs would be allowed to use non-sensitive information like email addresses or service tier information unless a consumer opted out.

Under the Congressional Review Act, Congress is able to overturn regulations finalized within the last 60 legislative days with simple majority votes on a joint resolution of disapproval in both chambers and the president’s signature. CRA resolutions also prevent the federal agency that created the regulation from issuing a similar rule without being directed to do so by Congress.

Impact

People who use the internet; internet service providers; and the FCC.

Cost of Senate Bill S. Joint Res. 34

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Sen. Jeff Flake (R-AZ) introduced this resolution to put a stop to “economically harmful broadband regulations” that were finalized during the final days of the Obama administration. Flake added in a press release:

“The FCC’s midnight regulation does nothing to protect consumer privacy. It is unnecessary, confusing and adds yet another innovation-stifling regulation to the internet. My resolution is the first step toward restoring the FTC’s light-touch, consumer-friendly approach. It will not change or lessen existing consumer privacy protections. It empowers consumers to make informed choices on if and how their data can be shared.”

Senate Democrats have expressed their opposition to the bill, including Sen. Ed Markey (D-MA), who said that consumers would be harmed if the FCC’s regulation was blocked:

“Many consumers are essentially captive to their [ISPs}. Many Americans across the country only have access to a couple ISPs to choose from and simply cannot change service providers if their privacy protections are not transparent or robust.”

This legislation has the support of 24 cosponsors in the Senate and was pulled out of committee before a vote occurred using a discharge petition.

Media:

Summary by Eric Revell

(Photo Credit: DeclanTM via Flickr / Creative Commons)

Official Title

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services".

joint resolution Progress

EnactedApril 3rd, 2017
The President signed this bill into law
The house Passed March 28th, 2017
Roll Call Vote 215 Yea / 205 Nay
The senate Passed March 23rd, 2017
Roll Call Vote 50 Yea / 48 Nay
IntroducedMarch 7th, 2017