On October 27, 2016, the FCC adopted a new set of privacy and
data security regulations applicable to "broadband service
providers and other telecommunications carriers."
The rules place new restrictions on internet service
providers' ("ISPs") ability to use and share their
customers' data. The Commission established two data
classifications: (1) sensitive information, and (2) non-sensitive
information. Most notably, the rules classify a
customer's web browsing history, geo-location information, and
app usage history as "sensitive information." Other
information in the sensitive information category includes
children's information, health information, and financial
information. The non-sensitive classification includes information
such as a customer's email address and service tier. The new
rules do not prohibit ISPs from the collection or storage of either
class of information. Rather, when the rules go into effect,
ISPs will be required to obtain prior consent
