In an article written by Jenner & Block Partner Nancy Libin for The Hill, Ms. Libin examines the Federal Communications Commission’s (FCC) proposed privacy rules for broadband providers, which she calls both “anti-consumer” and “anti-competitive.” The article explains that the new rules depart from the Obama Administration and Federal Trade Commission’s (FTC) well-established policy and, as a result, limit companies’ ability to innovate and offer new products and services to their customers. She explains how the proposed rules also risk undermining the US-EU privacy shield agreement as well as distort competition in the online marketplace. In addition, the new rules do not distinguish between sensitive and non-sensitive data, a critical feature of US and EU privacy policies that ensures data use restrictions are linked to real privacy risks. Not only do the proposed rules lack this distinction, Ms. Libin maintains, but the FCC has not detailed any privacy harms or possible privacy harms that could result if the FCC adopted policies in line with the traditional FTC framework.
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