Antitrust Law Daily Wrap Up, PRIVACY NEWS: FTC's Jessica Rich advocates change to FCC proposed set-top box rule to improve privacy enforcement, (Apr 22, 2016)

By Edward L. Puzzo, J.D.

Jessica Rich, Director of the FTC's Bureau of Consumer Protection, has filed a comment with the Federal Communications Commission (FCC) on the privacy enforcement implications of the FCC’s proposed rulemaking to expand the commercial availability of television set-top boxes for consumers, the agency has been announced.

Noting the FTC’s extensive history of privacy enforcement, Rich's comment recommends that the FCC modify the proposed rule to facilitate FTC enforcement actions against third-party set-top box manufacturers that fail to comply with certain consumer privacy protections. The comment notes that the rule, as currently proposed, would require cable and satellite providers to provide access only to third-party set-top box makers that certify to the providers that their products comply with the privacy protections required of the providers themselves.

The proposed rule will provide valuable privacy protections for consumers, Rich stated, but such promises are only effective if they can be enforced. The FTC’s deception authority is clearly implicated by certifications to consumers. Therefore, Rich stated, "The FCC’s final rule on set-top boxes should require that MVPDs (multichannel video programming distributors) provide access only to those third-party set-top boxes that have provided consumer-facing statements promising to comply with the privacy obligations that apply to MVPDs."

News: Privacy ConsumerProtection FederalTradeCommissionNews