NEWS

Wait. There are no rules protecting my online privacy?

Mike Snider
USA TODAY

Congress voted to repeal the Federal Communications Commission's broadband privacy rules on Tuesday and President Trump will likely sign the regulations off the books later this week.

So will it be a loss or a win for consumers?

Republicans tout their 215-205 vote in the House -- and last week's Senate vote of 50-48 -- to overturn the rules under the Congressional Review Act as doing a favor for consumers. The FCC's rules, which would have required internet service providers (ISPs) ask customers before collecting, using and selling personal information, were too different from the Federal Trade Commission's consumer privacy framework, they said.

Opponents also argued that the new rules unfairly kept ISPs such as AT&T, Comcast and Verizon from using customer data that online advertising giants such as Google and Facebook already use in their targeted ads on the Web and in apps and on mobile networks. That could also stifle innovation, ISPs and pro-business supporters said. "Having two privacy cops on the beat will create confusion and harm," said Rep. Marsha Blackburn, R-Tenn., who sponsored the House resolution. "Privacy will be protected and enhanced by removing uncertainty and confusion."

Related:

Broadband rules axed by Congress, headed to Trump

Democrats disagreed. Consumers have a choice whether to use a search engine, social network or an app, but few have choices among what broadband provider to choose, said Rep. Jared Polis, D-Colo. "This rule would literally change how broadband providers have access to your entire personal life," he said.

Are there any remaining rules governing consumer broadband privacy?
Yes. The FCC retains the authority to take action should an ISP commit unjust or unreasonable business practices. The FTC can also take action when companies act unfairly and deceptively.

But there is some question of the FTC's authority because a recent federal court ruling found the agency had no jurisdiction over broadband companies -- in this case wireless provider AT&T -- because the 2015 net neutrality rules gave that authority to the FCC.

Democrats and privacy advocates note that the new FCC rules set expectations of ISP conduct, while these remaining provisions involve after-the-fact enforcement.

ISPs, including mobile broadband providers, do have their voluntary privacy policies. "Companies have a financial incentive to handle your personal data properly because to do otherwise would significantly impair their financial standing," Blackburn said.

Why did the FCC pass the rules in the first place?
FCC Chairman Tom Wheeler, the Democrat who preceded current Chairman Ajit Pai, a Republican, sought to bolster consumers' privacy protection with new rules giving them more say in how their personal data would be used. The rules also required Net providers to maintain data security to protect consumer data. Without the rules, ISPs' potential use of users' browsing data could undermine cybersecurity, says Zouhair Belkoura, founder and CEO of content privacy company Keepsafe. That's because browsing data must be decrypted and re-encrypted during your surfing and that "leads to weaker security, which will make people more vulnerable to hacking incidents," he said.

Do companies use my personal information now?
Yes. Google and Facebook aggregate demographic and other profile data to offer advertisers desirable audiences. "The distinguishing factor here is that consumers choose to use Google & Facebook's services and implicitly agree to trade some privacy for the convenience of their services," Belkoura said. Since customers pay ISPs directly, they should expect "privacy is respected," he said.

What happens next?

The FCC is prohibited from proposing new similar privacy regulations on its own, under the Congressional Review Act. But Sen. Ed Markey, D-Mass., also already promised to introduce legislation charging the FCC to craft new "strong broadband" rules, an action that would allow the FCC to relook at the issue.

Congress could also pass legislation better defining the roles of the FCC and FTC. Chairman Pai pledged to work with the FTC on developing "a consistent and comprehensive" privacy framework.

With more companies not only providing broadband, but also selling online advertising, the issue will remain confusing. "Eventually Congress will need to address the issue, because gaps are likely to remain," said Fred Campbell, director of TechKnowledge, a market-oriented think tank.

Read more:

House set to unplug broadband privacy rules

6 changes the FCC has made in just six weeks

Follow USA TODAY reporter Mike Snider on Twitter: @MikeSnider.