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Internet Association Unenthused

AT&T Lauds Blackburn Privacy Approach Toward Comprehensive, Uniform Framework

AT&T favors the approach outlined by House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., in her Browser Act. HR-2520 would subject ISPs and edge providers to strict privacy rules at the FTC, with opt-in required even of web browsing data use. Blackburn hinted this week that some in the Senate and some House Democrats may have interest in the bill (see 1705230042), which surprised many due to its strong opt-in provisions.

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"We have always said consumers expect their online data to be protected by a comprehensive and uniform privacy framework that applies across the entire Internet ecosystem and includes operating systems, browsers, devices, ISPs, apps, online services, and advertising networks,” an AT&T spokesman said. “We support Chairwoman Blackburn for moving the discussion in that direction.”

This follows pushback from the Internet Association. “This bill has the potential to upend the consumer experience online and stifle innovation,” said Vice President-Public Affairs and Communications Noah Theran. “Policymakers must recognize that websites and apps continue to be under strict FTC privacy enforcement and are not in an enforcement gap, unlike other stakeholders in the ecosystem.” The Association of National Advertisers and the Electronic Privacy Information Center cited concerns earlier this week (see 1705220062).

The House Digital Commerce and Consumer Protection Subcommittee is the Commerce Committee panel with jurisdiction over Blackburn’s bill. “I just got this, so we’re reviewing it,” said Rep. Bob Latta, R-Ohio, chair of the subcommittee, in an interview Wednesday, lamenting the stacks on his desk and declining to say whether the panel may mark up the legislation. "I’m just starting to review the bill itself.”

The legislation comes after a GOP effort that nixed FCC ISP privacy rules, a law that spurred backlash against Republican sponsors including Blackburn. GOP critics of the FCC rules slammed the use of two different sets of rules for edge providers and ISPs.

I see this as a response to the blowback that Mrs. Blackburn and others are getting on the repeal of the FCC’s privacy rules,” Gigi Sohn, a former top aide at the FCC when the ISP privacy rules were written, told us. “It’s a cautionary tale of what is likely to come should the FCC repeal the net neutrality rules.” She’s now a fellow with Georgetown Law’s Institute for Technology Law & Policy. During an FCBA summit earlier this year (see 1705080045), Sohn backed a “level playing field” for edge providers and ISPs: “The way to get to the level playing field is to raise the bar, not to take the bar away.”

American Commitment President Phil Kerpen lauded the legislation. “Obama FCC rules exempted their friends at Google and Facebook,” Kerpen tweeted. “Blackburn bill is strong, CONSISTENT protection. Your move, tech-left.”