Sen. Jeff Flake, R-Az., introduced a resolution on Tuesday that would eliminate the Federal Communication Commission's Internet privacy rules that were passed under the Obama administration.
The privacy rules, which required Internet service providers, like Comcast and Verizon, to obtain permission from consumers before sharing browser history and other user information, are "economically harmful" resulting from the FCC's overreach, according to the Arizona lawmaker.
Flake's resolution would have Congress disapprove of the FCC rule through the Congressional Review Act, a law that gives Congress the ability to block recently enacted rules by passing disapproval resolutions with a simple majority vote that are then signed by the president.
The senator explained that he wants to put consumer privacy protection of the Internet back in control of the Federal Trade Commission, which he argued in a recent op-ed had a "successful sensitivity-based model of privacy regulation."
"The FCC's midnight regulation does nothing to protect consumer privacy. It is unnecessary, confusing and adds yet another innovation-stifling regulation to the Internet," Flake said in a statement on Tuesday.
"My resolution is the first step toward restoring the FTC's light-touch, consumer-friendly approach. It will not change or lessen existing consumer privacy protections. It empowers consumers to make informed choices on if and how their data can be shared."
The rules were approved by the FCC by a party-line vote in October, when the agency was still led by Democratic Chairman Tom Wheeler. The vote occurred in the wake of the FCC's net neutrality regulations, which reclassified service providers as common carriers and allowed them to regulated as such.
"It is the consumer's information," Wheeler said before the vote. "How it is used should be the consumer's choice, not the choice of some corporate algorithm."
Flake's resolution was announced after conservative organizations and telecom trade groups sent a letter to the Senate Committee on Commerce, Science and Transportation, calling on Congress to use the CRA to put a stop to the "innovation-inhibiting regulation."
"The rule harms consumers because it creates confusion in a regulatory environment in which customer data is regulated by two different agency standards, based on whether information is used by an internet service provider or edge provider," wrote the group, which includes the U.S. Chamber of Congress, Americans for Tax Reform and USTelecom.
The FCC, now under Republican Chairman Ajit Pai, has already moved to weaken the broadband privacy rules, voting last week to block implementation of rule's provision regarding data security from going into effect.
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