Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FCC proposal shows need to end FTC common carrier exemption: Ramirez, (Feb 10, 2015)
Organizations Mentioned:Federal Communications Commission | University of Colorado
By Lynn Stanton,TR Daily
FTC Chairwoman Edith Ramirez said yesterday that the proposal by Federal Communications Commission Chairman Tom Wheeler to strengthen his agency’s regulatory tools by reclassifying Internet broadband access as a Communications Act Title II common carrier service “highlights the need to eliminate the common carrier exemption” on FTC authority.
The common carrier exemption is a provision of the FTC Act that prohibits the agency’s use of its authority under the statute to pursue cases against common carriers for unfair and deceptive business practices.
Speaking at a conference on the digital broadband migration organized by the University of Colorado’s Silicon Flatirons Center in Boulder, Chairwoman Ramirez said that she supports the goal of an open Internet and believes that antitrust law is not “enough” to ensure the goal is met. However, Title II reclassification would impose some limits on FTC authority with respect to Internet service providers.
The common carrier exemption is “a very outdated exemption in our Act that no longer reflects how services are being delivered,” she said. “We have a lot of experience in this space. We have a lot of value to bring to consumers, and I fear that that will be lost.”
Chairwoman Ramirez also said that the FTC wants to ensure that the Internet of Things “goes forward without sacrificing consumer protection, without sacrificing privacy, without sacrificing security.”
Responding to a question about criticism of a recent FTC staff report for promulgating best practices about data collection, storage, and retention, Chairwoman Ramirez acknowledged that “some people will say this is an emerging area” and that because of that “we shouldn’t be doing anything.” This is the wrong approach because the FTC has “been looking at these issues for a long time.” She pointed out that the agency is “not recommending Internet of Things-specific legislation.”
News: Antitrust ConsumerProtection FederalTradeCommissionNews