Congress Votes Against Internet Privacy Rules: What You Need To Know

WASHINGTON, DC — President Trump is expected to sign a resolution to rescind Federal Communications Commission regulations that would have banned internet service providers from collecting, storing, sharing and selling certain types of personal information without the consent of customers. (For more information on this and other political stories, subscribe to the White House Patch for daily newsletters and breaking news alerts.)

What does this mean for you now? Nothing, in the short term, given that the rules in question were not set to become effective until later this year. The new resolution, though, once signed by President Trump, ensures the continued ability for internet service providers to track and share customer data, such as browsing history, location data and anything else that can be gleaned from their behavior on the internet. Had the regulations been left in place, these companies would have had to ask permission to track and use this data under the FCC regulations, allowing users to opt out if they wanted.

Without these regulations, companies like Verizon, AT&T and Comcast can sell their customers' data to advertisers or any other interested buyers without clearly informing them.

Why would Republicans want to repeal these rules?

Well, generally, Republicans distrust the government's efforts to interfere in market transactions, and many of their priorities under the Trump administration have centered on loosening up restrictions for businesses.

Ryan Radia, writing for the conservative Competitive Enterprise Institute, argued that the FCC's rules in particular are unnecessary and that many of the abuses supposedly prevented by the regulations (which, we should remember, never went into effect) are already barred by other laws.

"Under the Wiretap Act, it’s generally illegal to intentionally intercept or divulge the contents of electronic communications—including Internet traffic—without the consent of a party to the communications," he writes. "In other words, if an ISP intercepts the contents of a subscriber’s Web traffic, or gives such data to an advertiser, that provider had better be sure it has the subscriber’s consent."

He continued: "Every state has a law on the books making it illegal for companies to engage in deceptive practices. In nearly all of these states, the state attorney general (AG) may go to court to stop a company from deceiving consumers. ... In many states, if an ISP has represented to consumers that it protects their privacy and safeguards their data, that ISP must act in accordance with such representations—or else it may see one or more state AGs in court."

Radia also argued that technologies that circumvent potential surveillance (more on this below), as well as market competition between different service providers, significantly restrict the impact of any potential monitoring attempts by internet service providers. However, he notes that customers often have the choice between two or three high-quality providers — which is not exactly a robust and highly competitive market.

"In light of these laws and institutions safeguarding user privacy," Radia concludes, "members of the House of Representatives need not fear that voting for the joint resolution to rescind the FCC’s privacy rule will mark the end of individual privacy on the Internet."

Others worry about the cost to privacy

Many others — including most Democrats but also a few Republicans on Capitol Hill — worry that the existing protections are not enough.

"I’m disappointed that, last week, my Republican colleagues in the Senate voted to gut critical #broadbandprivacy protections for consumers," Sen. Al Franken, a Minnesota Democrat, said on Twitter.

Writing for Wired, Klint Finley points out that internet service providers have already gotten in trouble for underhanded monitoring of their customers.

Finley notes that the FCC discovered that Verizon had installed tracking mechanisms on its phones starting in 2012.

"The carriers eventually killed off these programs," Finley wrote. "But if not for the work of dedicated researchers, customers would never have known they existed in the first place. That’s why laws requiring that internet providers seek explicit, opt-in permission before selling data are important."

In an interview with NPR, Future of Privacy Forum CEO Jules Polonetsky noted that internet service providers have particularly attractive opportunities to make use of consumer data.

"The big challenge for big advertisers is that their audience is dispersed across laptop, and mobile, and tablet, and TV and elsewhere," he said. "And linking that user's identity is a challenge. ... And this is a place where ISPs are able to play a role. ... They now have something to offer — cross-device capabilities."

But he also said the focus on internet service providers was somewhat puzzling, given that companies like Google and Facebook already engage in extensive tracking of their customers' activities.

"I've kind of looked at some of this debate with a bit of bemusement because I see the activity in these third-party data markets, and that horse is out of that barn," he said. "I think for consumers who [want] a more privacy-protective experience, there are a number of options, none of them are perfect."

What can customers do to protect themselves?

Virtual private networks — known as VPNs — are one of the most secure ways to protect your web information from monitoring. If you use a VPN, it will mask your web traffic from your internet service provider.

However, Finley argues that while VPNs are one of the best option for people looking to protect their privacy, they have their downsides.

"You need to trust your VPN provider not to track you and sell your data itself," he said. Further, he adds, "While using a VPN, you might find that you can’t connect to all the sites and services you’re used to using. Netflix, for example, tries to block all VPNs to prevent people from accessing content not licensed in their home countries."

Another option, similar to using a VPN, is to use the web browser Tor. Though it's not perfect, Tor was designed, unlike most other web browsers, specifically for the purpose of preserving your privacy while you use the internet.

For more extensive tips on preserving your privacy online, check out these suggestions from Consumer Reports.

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Photo credit: Markus Spiske