[opendtv] Re: FTC on FCC Internet privacy rules
- From: Craig Birkmaier <brewmastercraig@xxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Tue, 18 Apr 2017 09:19:50 -0400
On Apr 17, 2017, at 5:01 PM, Manfredi, Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
https://www.ftc.gov/system/files/documents/public_statements/942823/160331gmuspeech1.pdf
Nice find Bert.
Ohlhausen seems to have a good grasp on the issues.
This from FTC Commissioner Maureen Ohlhausen is just over 1 year old, so it
applies to Tom Wheeler's Title II reclassification. Still, the piece does
reveal that the FTC only disputes the FCC's role in ruling on Internet
privacy, not on neutrality. In fact, NO MENTION of any FTC role wrt net
neutrality.
Perhaps this should tell you something Bert.
Maybe Net Neutrality is not quite the issue you are making it out to be...
Of note here is that it was the courts that encouraged the FCC to go about
their neutrality goals using tactics other than what the FCC attempted the
first time, when the FCC attempted to mandate neutrality with continued
"information service" classification for ISPs. It was the courts that
determined that reclassification was necessary, before any neutrality mandate
would be allowed.
It is worth noting "which" court recommend the Title II solution. But more
important, the recommendation was based on what the FCC had attempted to do
with classification of ISPs as an "information service."
In the end the real question is whether Net Neutrality is a real problem, or
simply one of the many areas that the FTC was already authorized to deal with
in terms of consumer protection?
In general, Commissioner Ohlhausen is opposed to strengthened privacy rules:
"If privacy rules prevent beneficial future uses of data, innovation will
suffer. And if privacy rules hamper one group of competitors to the benefit
of another group, competition will be reduced. When the FCC releases its
privacy NPRM, I hope it will analyze how it can accommodate varying consumer
preferences regarding different types of data, permit future beneficial uses
of data, and avoid the negative competitive effects of disparate regulation."
Given the fact that this statement PREDATES the Open Internet Order, it should
be obvious that the concerns about "picking winners" are not some new
justification for eliminating the FCC privacy rules that were to go into effect
this summer.
The larger issue here is that the FTC is currently operating with only two of
five commissioners. Thus any positions being taken by the Republican Chairwoman
Ohlhausen and Commissioner McSweeney look to be based on historic party line
positioning.
This article, written just after the election, attempts to look at what Trump
may do in terms of the commissioners he appoints, and ends with some
interesting thoughts related to the role of the FTC in protecting both
corporate and personal privacy.
My bet is that Ajit Pai was in agreement with THIS assessment, however any
extrapolation into the FTC's potential roles as neutrality cop was purely his
own.
The kinds of issues that are now characterized as Net Neutrality issues always
existed, and were always dealt with by the FTC. So I guess one could say that
the FTC is the net neutrality cop.
Interesting to see how the different commissions perceive one another.
Sure is.
The FTC does not regulate; it looks for violations of existing law. ANYTHING
they pursue must go through the court system.
The FCC regulates, then enforces its regulations. If a company objects to
either a regulation, or the enforcement of that regulation against them, they
must file a lawsuit against the FCC, which then is resolved in the court
system.
Regards
Craig
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