Should the Federal Trade Commission be in Charge of Enforcing Internet Privacy Regulations? (H.R. 2520)

What is H.R. 2520?

(Updated January 14, 2019)

This bill — known as the BROWSER Act — would let the Federal Trade Commission (FTC) enforce information privacy rules on all internet service providers (ISPs) and edge service providers that collect and sell their users’ data. Users would have to opt-in before sensitive information could be shared under the protections.

Users would have to opt-in and give express consent before ISPs and edge service providers can use the following types of sensitive information that is:

• Financial information;

• Health information;

• About children under 13;

• Social Security numbers;

• Precise geo-location information;

• Content of communications;

• Web browsing history;

• History of usage of a software program or mobile application.

ISPs and edge service providers would have to get opt-out approval for the use of non-sensitive user information, meaning that users wouldn’t object after they’re notified about privacy policies. Service providers must allow users to grant, deny, or withdraw approval at any time.

A service provider would be allowed to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Providers would be prohibited from conditioning service on a user’s agreement to waive privacy rights.

The bill’s full title is the Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017.

Argument in favor

The FCC’s internet privacy regulations unfairly ignored edge service providers in their oversight of ISPs. This bill would create a level playing field for providers and ensure that consumers have the ability to keep their sensitive and non-sensitive personal information private.

Argument opposed

This bill would end the FCC’s authority to enforce internet privacy rules and transition that authority to the Federal Trade Commission. The consumer privacy protections in this bill don’t go far enough to prevent companies from selling sensitive user information.

Impact

Internet users; ISPs and edge providers; and the FTC & FCC.

Cost of H.R. 2520

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Marsha Blackburn (R-TN) introduced this bill to provide clarity surrounding internet privacy regulations by transferring that authority from the FCC to the FTC:

“The FCC’s privacy rulemaking had two distinct problems. First, it created confusion by establishing two privacy regulators. The FCC unilaterally swiped jurisdiction from the FTC in a blatant power grab. Second, the FCC focused on only one part of the Internet eco-system and ignored edge provider services that collect as much, if not more data, than ISPs. The government should not pick winners and losers when it comes to the privacy of Americans. This bill creates a level and fair privacy playing field by bringing all entities that collect and sell the personal data of individuals under the same rules.”

This legislation has the support of six cosponsors in the House, including five Republicans and one Democrat.

Media:

• Sponsoring Rep. Marsha Blackburn (R-TN) Press Release
  
• Axios
  
• Brookings Institution
  
• Recode
  
• Washington Examiner