Congress Removes FCC Privacy Protections on Your Internet Usage
Think about all of the websites you visit every day. Now imagine if the likes of Time Warner, AT&T, and Verizon collected all of your browsing history and sold it on to the highest bidder. That’s what will probably happen if Congress has its way.
This week, lawmakers voted to allow Internet service providers to violate your privacy for their own profit. Not only have they voted to repeal a rule that protects your privacy, they are also trying to make it illegal for the Federal Communications Commission to enact other rules to protect your privacy online.
That this is not provoking greater outcry illustrates how much we’ve ceded any willingness to shape our technological future to for-profit companies and are allowing them to do it for us.
There are a lot of reasons to be worried about this. Because your Internet service provider controls your connection to the Internet, it is in a position to see everything you do on the Internet. Unlike a search engine or social networking platform or news site, you can’t easily switch to a competitor. And there’s not a lot of competition in the market, either. If you have a choice between two high-speed providers in the US, consider yourself lucky.
What can telecom companies do with this newly granted power to spy on everything you’re doing? Of course they can sell your data to marketers—and the inevitable criminals and foreign governments who also line up to buy it. But they can do more creepy things as well.
They can snoop through your traffic and insert their own ads. They can deploy systems that remove encryption so they can better eavesdrop. They can redirect your searches to other sites. They can install surveillance software on your computers and phones. None of these are hypothetical.
They’re all things Internet service providers have done before, and they are some of the reasons the FCC tried to protect your privacy in the first place. And now they’ll be able to do all of these things in secret, without your knowledge or consent. And, of course, governments worldwide will have access to these powers. And all of that data will be at risk of hacking, either by criminals and other governments.
Telecom companies have argued that other Internet players already have these creepy powers—although they didn’t use the word “creepy”—so why should they not have them as well? It’s a valid point.
Surveillance is already the business model of the Internet, and literally hundreds of companies spy on your Internet activity against your interests and for their own profit.
Your e-mail provider already knows everything you write to your family, friends, and colleagues. Google already knows our hopes, fears, and interests, because that’s what we search for.
Your cellular provider already tracks your physical location at all times: it knows where you live, where you work, when you go to sleep at night, when you wake up in the morning, and—because everyone has a smartphone—who you spend time with and who you sleep with.
And some of the things these companies do with that power is no less creepy. Facebook has run experiments in manipulating your mood by changing what you see on your news feed. Uber used its ride data to identify one-night stands. Even Sony once installed spyware on customers’ computers to try and detect if they copied music files.
Aside from spying for profit, companies can spy for other purposes. Uber has already considered using data it collects to intimidate a journalist. Imagine what an Internet service provider can do with the data it collects: against politicians, against the media, against rivals.
Of course the telecom companies want a piece of the surveillance capitalism pie. Despite dwindling revenues, increasing use of ad blockers, and increases in clickfraud, violating our privacy is still a profitable business—especially if it’s done in secret.
The bigger question is: why do we allow for-profit corporations to create our technological future in ways that are optimized for their profits and anathema to our own interests?
When markets work well, different companies compete on price and features, and society collectively rewards better products by purchasing them. This mechanism fails if there is no competition, or if rival companies choose not to compete on a particular feature. It fails when customers are unable to switch to competitors. And it fails when what companies do remains secret.
Unlike service providers like Google and Facebook, telecom companies are infrastructure that requires government involvement and regulation. The practical impossibility of consumers learning the extent of surveillance by their Internet service providers, combined with the difficulty of switching them, means that the decision about whether to be spied on should be with the consumer and not a telecom giant. That this new bill reverses that is both wrong and harmful.
Today, technology is changing the fabric of our society faster than at any other time in history. We have big questions that we need to tackle: not just privacy, but questions of freedom, fairness, and liberty. Algorithms are making decisions about policing, healthcare.
Driverless vehicles are making decisions about traffic and safety. Warfare is increasingly being fought remotely and autonomously. Censorship is on the rise globally. Propaganda is being promulgated more efficiently than ever. These problems won’t go away. If anything, the Internet of things and the computerization of every aspect of our lives will make it worse.
In today’s political climate, it seems impossible that Congress would legislate these things to our benefit. Right now, regulatory agencies such as the FTC and FCC are our best hope to protect our privacy and security against rampant corporate power. That Congress has decided to reduce that power leaves us at enormous risk.
It’s too late to do anything about this bill—Trump will certainly sign it—but we need to be alert to future bills that reduce our privacy and security.
This post previously appeared on the Guardian.
EDITED TO ADD: Former FCC Commissioner Tom Wheeler wrote a good op-ed on the subject. And here’s an essay laying out what this all means to the average Internet user.
EDITED TO ADD (4/12): States are stepping in.
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