An FCC advisory says the Commission has found that absent consumer privacy protections, a broadband provider's use of personal and proprietary information could be at odds with its customers' interests and that if consumers have concerns about the protection of their privacy, their demand for broadband may decrease. At the same time, the Commission declined to apply its existing telephone-centric rules implementing Section 222 and indicated that in the future it may adopt implementing rules that are tailored to broadband providers. As a result, the statutory provisions of Section 222 themselves will apply to broadband providers when the Open Internet Order goes into effect.
The enforcement bureau says it intends to focus on whether broadband providers are taking reasonable, good-faith steps to comply with Section 222, rather than focusing on technical details.