Individual state efforts that deviate from a strong, consistent federal privacy framework do not fit with how consumers traverse the global internet and are more likely to harm consumers and internet innovation than help. A recent Herald editorial, “State can pick up ‘net privacy law Congress blocked,” featured comments that repeated common misconceptions of how consumers’ information is protected online:
Consumers’ most sensitive data – financial and health records, Social Security numbers – are protected under existing laws and ISPs cannot share or sell it. The Children’s Online Privacy Protection Rule has been in place since the days of dial-up and it continues to keep kids’ data safe.
ISPs aren’t selling anyone’s individual browsing history or putting it online. That would violate existing privacy rules, which remain in effect.
Major ISPs agreed in January to abide by the Federal Trade Commission’s privacy rules no matter what happened with the Federal Communications Commission’s broadband privacy rules. That includes requiring consumers to opt-in before any sensitive information is shared for marketing purposes.
Congress did not vote down consumer privacy protections. It cleared the way for the FCC and FTC to work together on a more comprehensive and consistent approach that will protect all consumers online equally. That’s a better path forward than a patchwork of state privacy regulations that could cause unintended consequences and prevent Washington state residents from enjoying free ad-supported sites and services online.
Jonathan Spalter
President and CEO of USTelecom
Washington, D.C.
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