ACLU Responds To Flake Resolution On Internet Privacy Regulations

By Heather van Blokland
Published: Thursday, March 9, 2017 - 7:04am
Updated: Thursday, March 9, 2017 - 3:56pm

On Tuesday, Sen. Jeff Flake introduced a resolution to repeal regulations that govern internet privacy, implemented during the Obama administration. The American Civil Liberties Union is urging the senator to withdraw it.

In January, Flake, R-Ariz., said the planned broadband regulations by the Federal Communications Commission are overreaching. He said they are unnecessary and confusing. Now, Flake and 34 co-sponsors are supporting a congressional resolution intended to block the FCC’s proposed regulatory expansion on internet service providers.

Steve Kilar with the Arizona ACLU is concerned.

“Action with congressional approval would prevent the FCC from ever again passing substantially similar rules to protect consumer privacy," Kilar said. "That's essentially a scorched-earth tactic."

Kilar said we don’t know what our technology future holds and preventing the FCC from implementing privacy rules could be dangerous for consumers in the future.

“Even if the FCC itself ends up revising these rules, that won’t leave us in the very problematic situation that we will be in if Congress takes action to repeal these rules,” he said.

Kilar expects the rules to be repealed one way or the other. But, right now there are two avenues of how that repeal could move forward. The first is through congressional action.

The FCC could also repeal these rules without congressional intervention. Kilar said that is a much safer thing for the American public - that working through the FCC is better for long-term consumer protection.