Approach Should Account For Fact That Smaller Providers Pose Little Threat To Misusing Subscriber Information
For Immediate Release
Contact: Ted Hearn
(202) 713-0826
[email protected]
PITTSBURGH, Nov. 13, 2018 – In response to the Administration’s effort to consider developing additional measures to protect online privacy and data security, the American Cable Association (ACA) is urging policymakers to develop a policy that is national in scope, applying uniformly across all jurisdictions, and that includes all industry sectors, making it competitively and technology-neutral.
Additionally, ACA explained that smaller Internet Service Providers (ISPs) already are subject to existing privacy and data security requirements and lack the ability, or even interest, in monetizing their subscribers’ information. As a result, unlike Internet Providers whose business model depends on collecting and using consumer data, smaller ISPs pose little threat to misusing subscriber information. Accordingly, smaller ISPs should not be subject to additional requirements.
ACA’s comments were filed with the National Telecommunications and Information Administration (NTIA) on Nov. 9, which is working with other Executive Branch agencies to develop a national privacy and data security policy framework for the Trump Administration. In addition to the Federal Trade Commission’s (FTC) ongoing review of its privacy and data security policies, ACA expects the next Congress, with key input from the Trump Administration, to consider privacy legislation.
“ACA supports the development of a national privacy policy for ISPs that accounts for the unique characteristics of smaller providers and their customers. Any such policy should follow a risk-based approach and be competitively and technology-neutral. In addition, it should apply uniformly in all jurisdictions in the U.S. so that consumers can understand and act on their rights regardless of the entity accessing their personal information and so that businesses have greater certainty and lower compliance burdens,” ACA President and CEO Matthew M. Polka said.
ACA’s comments noted that smaller ISPs’ data collection and use practices are already subject to oversight by the FTC and states overseeing mini-FTC laws, and they have limited interest or ability to use their subscribers’ information to create new revenue producing opportunities. In addition, smaller ISPs have demonstrated a good track record of compliance with these laws and policies.
In the Notice, NTIA asked for comment on ways to achieve a delicate policy balance — advancing consumer privacy while protecting prosperity and innovation — and to achieve that balance in an ever-changing market. ACA said there are several fundamental objectives that should shape any Internet privacy policy regime:
• The regime should apply uniformly across all jurisdictions on a competitively and technology-neutral basis;
• The regime should apply a risk-based flexible approach; and
• The regime should be tailored to the more limited capabilities and resources of smaller providers and their customers.
While smaller ISPs agree that consumers should have meaningful privacy protections, these protections need to be reasonable, matching the problems they are designed to solve and are scaled to the size of the provider,” Polka said.
About the American Cable Association: Based in Pittsburgh, the American Cable Association is a trade organization representing more than 700 smaller and medium-sized, independent companies that provide broadband, phone and video services to nearly 8 million customers primarily located in rural and smaller suburban markets across America. Through active participation in the regulatory and legislative process in Washington, D.C., ACA’s members work together to advance the interests of their customers and ensure the future competitiveness and viability of their business. For more information, visit: https://acaconnects.org/