🎧 Congress Just Sold You Out (Again)

Apr 5, 2017

Ernesto Falcon, legislative counsel and digital rights attorney at the Electronic Frontier Foundation, explains how Congress used the Congressional Review Act to repeal broadband privacy rules. He breaks down why ISPs hold unique power, what the FCC rule would have required, real-world tracking examples, legal uncertainty ahead, and practical technical defenses like VPNs and HTTPS.

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INSIGHT

Congress Repealed FCC Privacy Rules Permanently

Congress used the Congressional Review Act to repeal FCC broadband privacy rules and bar similar future rules.
That CRA action not only removed protections but legally prevents the FCC from reissuing comparable privacy safeguards.

INSIGHT

ISPs See Everything You Do Online

ISPs (including wireless carriers) uniquely see almost all user activity because they transmit and route web traffic.
Unlike Google or Facebook, users can't easily stop using their ISP, so ISP access is far more comprehensive and unavoidable.

INSIGHT

FCC Clarification Was Key; Repeal Reopens Gray Areas

The FCC's October rules had clarified ambiguous privacy duties (e.g., browser history, app usage, geolocation require permission).
Repeal removes that clarity, encouraging ISPs to interpret the law more loosely and monetize sensitive data.

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This week I discuss the stunning repeal of Internet privacy provisions with Ernesto Falcon from the Electronic Frontier Foundation. Congress narrowly passed a bill that would not only toss out the regulations that would have given consumers much-needed transparency and choice in how their web surfing data is collected and used, but also would effectively prevent any further regulations from being created. Mr Falcon explains how we got here, what this means for you (the consumer), and what we can do about it.

One potential solution to this invasion of your privacy is using a Virtual Private Network (VPN) service. I discuss how VPN’s work and how you can find a service that works for you. VPN’s are not only good for hiding your web surfing from your nosey Internet Service Provider (ISP) and wireless carrier, they can also protect your data from snooping when you’re connected to public WiFi networks.

Prior to joining EFF, Ernesto worked as a legislative staffer for two Members of Congress (2004-2010). He then became Vice President of Government Affairs at Public Knowledge where he advocated on behalf of consumers on copyright issues and broadband competition. During his tenure, Public Knowledge was successful in achieving one of the largest consumer victories in telecom policy by defeating AT&T’s merger with T-Mobile. The following year, PK and EFF scored a major victory for consumers by rallying the Internet community to defeat the Stop Online Piracy Act (SOPA).

After eight years in Washington DC, he returned to his home state of California to go to law school at McGeorge School of Law in order to strengthen his digital rights advocacy. Now, as an attorney, he is excited to rejoin the fight for consumers and Internet freedom.

For Further Insight:
Website: https://eff.org/
Follow on Twitter: https://twitter.com/EFFFalcon
FaceBook: https://www.facebook.com/eff/

Additional Resources:
http://www.privacyabroad.com/
https://www.eff.org/deeplinks/2017/03/congress-sides-cable-and-telephone-industry
https://thatoneprivacysite.net/vpn-section/