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Commercial Law Regulation Technology Media and Telecom

FCC's Proposed Rulemaking For Broadband Internet Access Providers

In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.

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In 2015, the Federal Communications Commission (FCC) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). The FCC declined requests by some advocacy groups to take jurisdiction over online service providers that do not offer broadband access, even if they offer services that, in ways, arguably look like a communications provider ‘ so-called “edge networks” like Facebook, Google, and Yahoo. Indeed, doing so would have stretched the Commission’s jurisdiction even beyond the significant expansion required to regulate BIAS.

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