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Congress Set to Kill FCC Privacy Rule

Politico reports that Congress is set to cancel the privacy rules that the Federal Communications Commission (FCC) established in December. The rule is intended to to implement the Congressional requirement that "telecommunications carriers protect the confidentiality of customer proprietary information."

TICK, TOCK ON CRA – Senate Commerce Chairman John Thune said Tuesday the votes to rescind the FCC broadband privacy rules under the Congressional Review Act are being "whipped as we speak," and he expects the resolution will have the support it needs "in the end." Thune also said a vote on the CRA could come as early as this week…. "We’re very committed to continuing to go down that path of using the Congressional Review Act resolutions of disapproval to undo a lot of what we think is the regulatory damage done by the previous administration," Thune told reporters. [POLITICO’s Morning Tech, 03/22/2017].

S.J.Res.34 would cancel the Federal Communications Commission (FCC) rule relating to "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services" (81 Fed. Reg. 87274 (December 2, 2016)).

From the rule summary:

The rules require carriers to provide privacy notices that clearly and accurately inform customers; obtain opt-in or opt-out customer approval to use and share sensitive or non-sensitive customer proprietary information, respectively; take reasonable measures to secure customer proprietary information; provide notification to customers, the Commission, and law enforcement in the event of data breaches that could result in harm; not condition provision of service on the surrender of privacy rights; and provide heightened notice and obtain affirmative consent when offering financial incentives in exchange for the right to use a customer’s confidential information.

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