[OPLIN 4cast] OPLIN 4cast #439: Net neutrality and privacy

Wed May 27 10:30:08 EDT 2015

    Email not displaying correctly? View it in your browser.
<http://www.oplin.org/4cast/>  [image: OPLIN 4Cast]

OPLIN 4cast #439: Net neutrality and privacy
May 27th, 2015

[image: FCC logo]On June 12, the Federal Communications Commission (FCC)
intends to reclassify Internet service providers (ISPs) as "common
carriers" under Title II of the Communications Act of 1934, which will give
the FCC the authority to keep ISPs from discriminating between customers
and providing different Internet access quality for similar types of
customer traffic. In other words, the FCC will take a big step toward
enforcing "net neutrality." But Title II was primarily written to regulate
the AT&T telephone monopoly, and therefore, it contains some other
provisions that may now have the additional effect of strengthening
Internet privacy.

   - The FCC's net neutrality decision could mean stronger privacy rules
   for Internet service providers
   <http://www.washingtonpost.com/blogs/the-switch/wp/2015/02/27/the-fccs-net-neutrality-decision-could-mean-stronger-privacy-rules-for-internet-service-providers/>
   (The Washington Post | Andrea Peterson) "FCC spokesperson Mark Wigfield
   confirmed that the agency's vote will give it more oversight over the
   privacy practices of Internet service providers. Privacy advocates say this
   is probably a win for consumers, because for the first time ISPs will have
   to abide by a specific set of rules designed to protect the privacy of
   communications. The Communications Act, which governs the FCC, includes
   'one of the strongest federal privacy laws currently on the books,'
   according to Laura Moy, senior counsel at New America's Open Technology
   Institute."
   - FCC has new privacy requirements for broadband providers
   <http://www.law360.com/articles/619408/fcc-has-new-privacy-requirements-for-broadband-providers>
   (Law360 | Michael Pryor) "The protections, found in Section 222 of Title II
   of the Communications Act, govern data known as Customer Proprietary
   Network Information ("CPNI"). This section will be among the Title II
   provisions of the Communications Act that the chairman intends to apply to
   broadband providers once broadband is reclassified as a telecommunications
   service. These privacy rules likely supplant the privacy protections
   currently enforced by the Federal Trade Commission. The FTC does not have
   jurisdiction over providers of telecommunications services (also known as
   common carriers)."
   - ISPs *really* don't want to follow new customer data privacy rules
   <http://arstechnica.com/business/2015/05/isps-really-dont-want-to-follow-new-customer-data-privacy-rules/>
   (Ars Technica | Jon Brodkin) "CPNI rules for phone service prevent
   companies from using customer information to market new services without
   the customer's permission. They also require companies to report to
   customers and to law enforcement when customer information is disclosed
   without customer permission. Phone providers 'may use, disclose or permit
   access to your customer information in these circumstances: (1) as required
   by law; (2) with your approval; and (3) in providing the service from which
   the customer information is derived,' the FCC says."
   - FCC issues guidance on broadband privacy
   <http://www.broadcastingcable.com/news/washington/fcc-issues-guidance-broadband-privacy/141058>
   (Broadcasting & Cable | John Eggerton) "The bureau said that it would be
   looking for 'good faith' efforts to comply with privacy protections, and
   that seeking bureau input would tend to show such 'good faith.' The FCC's
   reclassification of ISPs under Title II common carrier is scheduled to take
   effect June 12 absent a court stay, and will give the FCC oversight of
   broadband customer proprietary network information (CPNI) once the purview
   of the Federal Trade Commission. But while the FCC said it would not
   forbear from applying Title II privacy regs under Sec. 222, it said it
   would not simply transfer the phone rules to ISPs, but instead likely
   launch a rulemaking to come up with new rules."

 *Articles from Ohio Web Library <http://ohioweblibrary.org>:*

   - Internet neutrality: Overview.
   <http://web.b.ebscohost.com.proxy.oplin.org/pov/detail/detail?sid=7f8e8562-7ac6-4c62-8a6d-1b9d5735d4d5%40sessionmgr114&crlhashurl=login.aspx%253fdirect%253dtrue%2526db%253dpwh%2526AN%253d101841440%2526site%253dehost-live&hid=107&vid=0&bdata=JnNpdGU9cG92LWxpdmU%3d#db=pwh&AN=101841440>
   (*Points of View: Internet Neutrality*, Jan. 2015)
   - What are the bounds of the FCC's authority over broadband service
   providers?-A review of the recent case law.
   <http://web.b.ebscohost.com.proxy.oplin.org/ehost/detail/detail?sid=72d8c13d-1c6d-43b7-8b05-b79e5977dd9b%40sessionmgr110&crlhashurl=login.aspx%253fdirect%253dtrue%2526db%253dbuh%2526AN%253d100493773%2526site%253dehost-live&hid=107&vid=0&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=buh&AN=100493773>
   (*Journal of Internet Law*, Jan. 2015, p.1-29 | Lawrence J. Spiwak)
   - Testing the privacy waters: Does recent FCC privacy enforcement signal
   the reclassification of broadband Internet service providers as common
   carriers?
   <http://web.b.ebscohost.com.proxy.oplin.org/ehost/detail/detail?sid=0a17554d-5b99-4c12-87a0-30d20de1e997%40sessionmgr114&crlhashurl=login.aspx%253fdirect%253dtrue%2526db%253dbuh%2526AN%253d101116724%2526site%253dehost-live&hid=107&vid=0&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=buh&AN=101116724>
   (*Intellectual Property & Technology Law Journal*, March 2015, p.3-8)

    ------------------------------
The *OPLIN 4cast* is a weekly compilation of recent headlines, topics, and
trends that could impact public libraries. You can subscribe to it in a
variety of ways, such as:

   - *RSS feed.* You can receive the OPLIN 4cast via RSS feed by
   subscribing to the following URL:
   http://www.oplin.org/4cast/index.php/?feed=rss2.
   - *Live Bookmark.* If you're using the Firefox web browser, you can go
   to the 4cast website (http://www.oplin.org/4cast/) and click on the
   orange "radio wave" icon on the right side of the address bar. In Internet
   Explorer 7, click on the same icon to view or subscribe to the 4cast RSS
   feed.
   - *E-mail.* You can have the OPLIN 4cast delivered via e-mail (a'la
   OPLINlist and OPLINtech) by subscribing to the 4cast mailing list at
   http://mail.oplin.org/mailman/listinfo/OPLIN4cast.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.oplin.org/pipermail/oplin4cast/attachments/20150527/9593e069/attachment.html>