Daniel Jaffe From ANA: The FTC Is The Best Option To Regulate Consumer’s Privacy In Broadband

For Daniel Jaffe, Group EVP Government Relations of the Association of National Advertisers (ANA) “The Sky is Not Falling on Privacy.” With that title, Jaffe published an article in which he speaks about a recent Federal Communications Commission (FCC) broadband privacy rule, that regulates the protection of online consumers’ activities with advertising purposes. These privacy regulations, according to Jaffe, are radically different from other similar practices in the country, because they are not regulating on the basis of the sensitivity of the data involved but only on the basis of who was collecting the information.“The rule would have significantly impeded a broadband provider’s ability to deliver relevant advertising by labeling most Internet browsing and app use data as sensitive; this would have required opt-in consent, despite the fact that a vast amount of that data is not and could not be harmful to consumers. The FCC’s rule would have treated all ISP-aided searches for weather reports, sports scores, restaurant reviews, etc.” he said.He explained that the entity designated to be in charge of consumer privacy in the U.S. –the Federal Trade Commission (FTC)– has indicated under the Democratic and Republican leadership, that an opt-out approach is the preferred method of dealing with consumer privacy choice, and not making consumers having to give their consent. Many in Congress and industry would like to repeal the underlying Open Internet Order that reclassified broadband services for FCC regulation, and there are mechanisms that enable lawmakers to reverse recent regulations on privacy in broadband. Therefore, according to Jaffe “the sky is not falling” with President Trump’s signing of the Congressional Joint Resolution repealing the FCC broadband privacy rule. The FCC Chair and FTC Acting Chair have made clear that it is their firm intention to work together to put the nation’s most experienced experts to work in the aim to end the uncertainty and confusion created in 2015 when the FCC intruded in this space.