The FCC won’t force websites to honor ‘Do Not Track’ requests

In the wake of the Federation Communication Commission’s denial of its petition seeking online privacy protections at online companies like Google and Facebook, Consumer Watchdog today vowed to press state regulators, Congress and the courts to better protect Internet users’ privacy.

The agency added that Consumer Watchdog’s request is inconsistent with the recent net neutrality rules, which only apply to broadband access providers, and not content companies like Facebook or Google.

In the past, the FCC wasn’t responsible for policing privacy on broadband networks. “As the Commission has found previously, the protection of customers” personal information may spur consumer demand for those services, in turn “driving demand for broadband connections, and consequently encouraging more broadband investment and deployment’ consistent with the goals of the 1996 Act”.

That means Do Not Track will operate with websites in the same way it has in the past: by working with volunteer sites that choose to respond when detecting that a web browser has Do Not Track enabled. But the agency’s decision to reclassify broadband as a common carrier service also empowers the FCC to subject broadband providers to the same kinds of privacy regulations followed by telephone carriers.

In its petition, Consumer Watchdog noted that the FCC plans to impose new privacy rules on internet service providers down the line, but that those plans – and section 222 of the Communications Law under which it can issue the rules – are limited to only broadband providers, not websites.

In its petition, written by Simpson and Staff Attorney Laura Antonini, Consumer Watchdog said that the FCC has authority under Title I of the Communications Act to regulate Internet “information services”, and can require privacy protection without invoking Section 222.

“Consumers’ data will be protected in one place, but it will be a Wild West, anything goes atmosphere when it comes to giant Internet companies”, said Simpson. “Many consumers are as concerned – or perhaps even more anxious – about the online tracking and data collection practices of edge providers”. “Rather, as the Commission explained, its “reclassification of broadband Internet access service involves only the transmission component of Internet access service, ‘” the FCC said”. However, companies are under no obligation to honor it and most don’t. The group’s proposed rule would prevent online services from requiring consumers to consent to tracking in exchange for accessing Web services, preventing online services from sharing personal information of users with third parties when consumers send Do Not Track requests.