Legislation introduced by U.S. Reps. Marsha Blackburn (R-TN), Brian Fitzpatrick (R-PA) and Bill Flores (R-TX) last week would give sole authority for online privacy enforcement to the Federal Trade Commission and take additional steps to protect online consumer privacy.
The Balancing the Right of Web Surfers Equally and Responsibly (BROWSER) Act would bring internet service providers (ISPs) and edge providers under a regulatory system similar to one previously handed down by the Federal Communications Commission (FCC).
Blackburn, the chairman of the House Energy and Commerce Subcommittee on Communications and Technology, led recent congressional efforts to repeal FCC’s earlier rulemaking on online privacy.
“The FCC’s privacy rulemaking had two distinct problems,” Blackburn said. “First, it created confusion by establishing two privacy regulators. The FCC unilaterally swiped jurisdiction from the FTC in a blatant power grab. Second, the FCC focused on only one part of the Internet eco-system and ignored edge provider services that collect as much, if not more data, than ISPs.”
Fitzpatrick, a member of the House Homeland Security Subcommittee on Cybersecurity, added that offering Americans real internet privacy protection and online security must be a top priority.
“Step one in that process was to override any regulation that creates more confusion by giving jurisdiction to multiple agencies, only to have them regulate only one-half of the digital world,” Fitzpatrick said. “Step two in that process is to introduce comprehensive internet privacy legislation that will more fully protect online users in their use of ISPs, search engines and social media. The BROWSER Act does just that.”
Providers of broadband internet access service and edge services would need to clearly notify users of the privacy policies. Companies would also be required to give users opt-in or opt-out approval rights regarding the use of, disclosure of, and access to user information collected by the providers based on the level of sensitivity of the information, according to the text of the bill.
“The government should not pick winners and losers when it comes to the privacy of Americans,” Blackburn said. “This bill creates a level and fair privacy playing field by bringing all entities that collect and sell the personal data of individuals under the same rules.”