New FCC Stays ISP Data Security Rules from Wheeler Era

On Wednesday, the Chairman Pai-led FCC adopted an Order granting a stay of the data security rules that were adopted as part of the Commission’s 2016 Privacy Order spearheaded by former FCC Chairman Wheeler. The stay will maintain the data security rules that have been in place for several years, but suspend implementation of the expanded data security rules applicable to broadband providers pending an FCC decision on several petitions for reconsideration of the 2016 Order. We have previously discussed those petitions here.

In granting the stay, the FCC has sent a strong signal that it will revise its data security rules to align with the FTC’s regime, an alignment that Chairman Pai reinforced on Wednesday in a joint statement with Acting FTC Chairman Maureen K. Ohlhausen. Indeed, the revision would be consistent with the “ISP Privacy Principles” that reflect the FTC framework and which broadband providers “have committed to continue adhering to . . . regardless of whether the Commission’s broadband privacy rules are stayed.”

Read our complete analysis here.