by Wendy Davis, Staff Writer @wendyndavis, March 15, 2017

A Silicon Valley trade group is joining the roster of organizations urging the Federal Communications Commission to reconsider privacy rules that could limit broadband providers’ ability to engage in targeted advertising.

The rules, which were passed by a 3-2 vote last year, require broadband providers to obtain consumers’ opt-in consent before drawing on their Web-surfing or app usage data for ad targeting.

In comments filed this week, the Internet Association — which counts Amazon, Google, eBay and Facebook as members — asked the FCC to revise that restriction.

The Internet Association notes approvingly that a different agency — the Federal Trade Commission — only recommends that companies obtain opt-in consent before collecting a narrow category of “sensitive” data, including geolocation information and financial and health information.

“The FTC’s conclusion makes sense,” the Internet Association writes. “Browsing history and app usage information are qualitatively different from the other data elements that the FCC and FTC have categorized as ‘sensitive’.”

The group goes on to characterize browsing history and app usage data as “overbroad categories that cover even daily sports scores and routine weather updates.”

Other critics, including the ad industry, cable companies and telecoms, have raised similar points. They argue that broadband access providers shouldn’t be required to get consumers’ explicit permission before using information about their browsing history for ad-targeting purposes.

But privacy advocates counter that broadband providers should be subject to tough standards because they have a comprehensive view of their subscribers — including access to all unencrypted sites visited and people’s usage patterns.

FCC Chairman Ajit Pai, who objected to the rules last year, has made clear that he would like the agency to revisit them.

But Pai may not get that opportunity, considering that Congress is considering whether to scrap the rules under the Congressional Review Act — a 1996 law that allows federal lawmakers to overturn recent agency decisions.

Last week, Sen. Jeff Flake (R-Arizona) and Rep. Marsha Blackburn (R-Tennessee) introduced legislation to rescind the rules under that act. If lawmakers pass the resolution, the FCC won’t be allowed to replace the privacy rules with new regulations.

MediaPost.com: Search Marketing Daily

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