Lawmakers Welcome FTC ISP Data Collection Practices Study
The FTC’s upcoming study of ISP data collection practices is the right step (see 1903260072), lawmakers told us. Some want big tech companies also under the microscope. An FTC spokesperson confirmed the study is related to Chairman Joe Simons’ response to Sen. John Thune, R-S.D., (see 1903200073).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Based on previous 6(b) studies, it could take months or years before the ISP report is available. The FTC most recently issued 6(b) orders to mobile device makers in May 2016, followed by a report in February 2018. Another inquiry on data brokers was initiated in December 2012, which produced a May 2014 report.
The study is a “standard information-gathering tool” that can be very informative for the agency, said ex-FTC Chairman William Kovacic. It allows the agency to subpoena companies for information about business practices without linking the inquiry to a specific case, which increases agency capability and can lead to enforcement action, Kovacic said.
The FTC should be doing fact-finding and rulemaking to protect privacy across the spectrum of industries that collect data, Sen. Richard Blumenthal, D-Conn., told reporters. He hopes the agency sends letters to big tech companies.
“I’m in favor of anything that shows signs of life over at the FTC,” Sen. Josh Hawley, R-Mo., told us. He stands by his letter to the commission criticizing the agency’s “toothless” approach to tech industry enforcement (see 1903110065).
“This is the kind of thing the FTC should have been doing a long time ago,” Sen. Ron Wyden, D-Ore., told reporters. Sen. Amy Klobuchar, D-Minn., told us she’s “glad” the FTC is doing such a study. “I would just like to see action in terms of any anti-competitive conduct.”
Companies that benefit from the use of customer data and data analytics have a “custodial responsibility for protecting the data,” Sen. Thom Tillis, R-N.C., told us. However, agencies and Congress need to be careful about “restricting innovative uses that produce good outcomes,” he said.
It’s legitimate to look at how companies are operating and ensuring they’re in consumers’ best interest, House Commerce Committee ranking member Greg Walden, R-Ore., told us. Like Klobuchar, he noted the need for scrutiny of tech dominance: “They look at different industries from time to time to make sure there’s not too much concentration.” Sen. John Kennedy, R-La., looks forward to the FTC’s insights.
A Google Fiber spokesperson said the company is “reviewing the materials and will fully comply with the FTC inquiry." Verizon was contacted by the agency and will examine the request, a spokesperson said. Other ISPs the agency contacted didn't comment now. They include AT&T and Comcast.