FCC Broadband Privacy Rule On Hold, Likely Dead

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously detailed what the Privacy Rule would require and when in prior blog posts available here and here. However, on March 1, 2017, the new Republican majority issued a temporary stay of the Privacy Rule, in a joint statement from Acting Federal Trade Commission (FTC) Chairwoman Maureen K. Ohlhausen and FCC Chairman Ajit Pai posted here.

This Privacy Rule stemmed from the FCC's 2015 Open Internet Order, which may also be subject to revision under the new administration. The FCC's Open Internet Order applied Section 222 of the federal Communications Act to BIAS providers for the first time. This order gave the FCC jurisdiction over BIAS providers such as internet service providers (ISPs), but the FCC declined requests to take jurisdiction over edge