“The Chairman’s Fact Sheet describes a regime that departs from the FTC’s proven sensitivity-based approach to consumer privacy in several key respects. Specifically, in its treatment of web browsing data and first party marketing of ISP services, the FCC departs from past FTC practice in ways that violate principles of fair competition and deny consumers the benefit of a consistent approach to online privacy protection. If the Chairman insists on advancing this approach, we would hope that his fellow commissioners would ‘opt-out’ and seek a result more faithful to the FTC’s proven framework of protecting consumers.”
