FCC Adopts Broadband Privacy Rules and Signals Mandatory Arbitration Clauses Are Next in Its Crosshairs

At its monthly Open Meeting on October 27, the Federal Communications Commission adopted, but has not yet released, new privacy rules requiring retail broadband providers to offer consumers more choice over how their personal information is used.

Under the new rules, which were approved on a party-line 3-2 vote, the level of consent required from the consumer will be measured against the sensitivity of the data. The FCC stated that it attempted to develop a privacy framework “in line with the approaches taken by other privacy frameworks, including the FTC’s and the Administration’s Consumer Privacy Bill of Rights.”

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