OTI Joins Coalition Urging FCC to Consider Civil Rights Principles for the Era of Big Data

Letter to Federal Communications Commission Urges Consideration of Historically Disadvantaged Communities as FCC Moves Toward Anticipated Privacy Rulemaking
Press Release
March 16, 2016

Today, a coalition of civil rights, human rights, and technology policy organizations sent a letter to Chairman Wheeler of the Federal Communications Commission, urging the Commission to consider the interests of historically disadvantaged communities as it moves forward with an anticipated proceeding to define the privacy obligations of broadband providers. The letter encourages the Commission to:

  • review the ways in which uses of broadband customers’ data could have a disproportionate adverse impact on historically disadvantaged communities,

  • develop rules consistent with the Civil Rights Principles for the Era of Big Data, and

  • ensure that baseline privacy protections extend equally to all wireless and wireline broadband consumers, regardless of their income level.

The letter follows on the heels of a fact sheet the Chairman released last week outlining a draft proposal the Commission is expected to vote on at the end of March. The proposal, if it went through, would clarify the privacy obligations of broadband providers now that broadband providers are considered telecommunications providers under the Communications Act, subject to privacy laws that apply to other telecommunications providers such as phone carriers.

OTI has been an active supporter of broadband privacy rules, recently publishing The FCC’s Role in Protecting Online Privacy in January, and just yesterday hosting an event on Protecting Broadband Privacy: The Privacy Obligations of Internet Service Providers One Year After Title II Reclassification.

In addition to New America’s Open Technology Institute, other signatories to the letter are ACLU, 18 Million Rising, Black Alliance for Just Immigration, Center for Democracy & Technology, Center for Media Justice, Common Cause, Common Sense Kids Action, Communications Workers of America, Demand Progress, Ella Baker Center, Free Press, Generation Justice, The Leadership Conference on Civil and Human Rights, May 1st People's Link, Media Alliance, Media Mobilizing Project, NAACP, National Council of La Raza, Public Knowledge, Saint Paul Neighborhood Network, United Church of Christ, OC Inc., Urbana-Champaign Independent Media Center, Voices for Racial Justice, and Working Narratives.

The following statement may be attributed to Laura Moy, Co-Director of Georgetown Law’s Institute for Public Representation, which represents New America’s Open Technology Institute on this issue:

“Broadband provides a vital and essential path not only to information, but also to healthcare, education, credit, and so much more. It is crucially important that consumers not be forced to choose between going online and protecting their privacy—we can do both, and the Commission’s proposal will help us get there. But as it fleshes out this proposal, we urge the Commission to consider the impact of potential privacy practices and rules on historically disadvantaged communities, which the Civil Rights Principles for the Era of Big Data can help it do. The Commission must also ensure that privacy does not become a luxury available only to those who can afford to pay for it. Consumers are entitled to choices regarding their privacy, but for those choices to be meaningful, they must not be conditioned on one’s ability—or willingness—to pay extra premiums that many can scarcely afford.”

The letter can be found here.

Cover image "Advanced Photon Source" by Jamie Bernstein made available under CC-BY-NC-ND 2.0.