FTC Staff Tackle FCC Privacy Rules in Public Comment

As the Federal Communications Commission sifts through over 50,000 comments received in response to its proposed broadband privacy rules, the Federal Trade Commission's comments are likely to stand as a highlight. In a 36-page document, FTC staff outline the FTC's past privacy work and respond to a number of specific issues in the proposed rulemaking, including how personally identifiable information is defined, the structure of privacy notices, the role of consumer notice and choice in various business practices, and the proposed regulations on data security and breach notification.

The major headline from the FTC's comments is the continued recognition that the proposed rules would impose a number of specific requirements to Internet service providers—or "broadband Internet access services" ("BIAS") providers—that would not apply to other members of the Internet ecosystem. "This outcome is not optimal," the comments declare, calling once again for Congress to pass