Google urged the FCC this week to steer clear of tougher privacy protections for broadband customers. Back in March the FCC voted to begin crafting new broadband privacy rules. The agency was prompted to action by bad behavior from the likes of AT&T (which had begun charging users a premium if they wanted to protect their privacy) and Verizon (which has begun modifying wireless data packets to track user behavior around the internet). The proposal is basic, simply requiring that ISPs disclose what they're collecting, and provide working opt out tools to consumers.
ISPs, eyeing billions in new marketing revenue potentially hamstrung by informed and empowered consumers, have unsurprisingly come out in fierce opposition to the new rules. They're particularly concerned by the fact the FCC may mandate some data collection should be "opt in," a notably dirty phrase to broadband carriers.
But Google, generally seen as a a consumer ally in the broadband space, is also opposing the FCC's plan. In a filing with the agency this week, Google argued that the FCC should instead follow the FTC's weaker privacy standards, which allow for more rampant sharing of a wider variety of "non-sensitive" consumer data, as well as a less aggressive definition of what data is deemed "sensitive" in the first place.
"The FTC’s framework recognizes that while U.S. consumers consider healthcare or financial transactions, for example, to be sensitive information that should receive special protection, they do not have the same expectations when they shop or get a weather forecast online," Google argued in its filing.
"Calls by some parties in this proceeding to extend an opt-in consent requirement to all web browsing information are unjustified," Google added. "Such a novel and untested approach would unnecessarily increase regulatory burdens on the internet."
Despite being seen as a consumer advocate by many, Google's positions on things like net neutrality have weakened over the years as the company increasingly expanded into wireless fixed-line broadband. But Google's argument is ironic since many ISPs, which also favor the weaker FTC approach, have claimed the FCC's approach is bad because it would unfairly benefit Google (whose broadband service is under FCC jurisdiction, but whose search and other services are not).
And whereas consumers can choose to stop using Google or Facebook if they're not pleased with those companies privacy practices, broadband customers usually lack competitive options in the broadband space. As such, like net neutrality, new privacy rules are seen as a stopgap option to protect consumers until we can ramp up broadband competition in the market.
Regardless, consumer advocacy groups like Public Knowledge weren't particularly impressed with Google's decision to join forces with Comcast, AT&T and Verizon on the issue of stronger protections.
“Unsurprisingly, the broadband industry wants to cherry pick FTC precedent to construct a standard that would leave our most confidential communications subject to their prying eyes," said the group. "We have never let letter carriers keep a log of where we send our letters. We have never let the phone company sell to advertisers a list of whom we call. The FCC should not let broadband providers track our every website visit or application use."
“That Google has now openly joined with cable providers to cherry pick FTC precedent makes it clear that the FCC’s decision will either cement a race to the bottom for consumer protection, or kick off a race to the top for consumer protection," the group added.