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In Feburary 2015, the EFF was cautiously celebrating [1][2][3], although the context was primarily Net Neutrality:

"Reclassification under Title II was a necessary step in order to give the FCC the authority it needed to enact net neutrality rules. But now we face the really hard part: making sure the FCC doesn't abuse its authority." [2]

"The FCC has also failed to give proper consideration to the invasiveness of deep packet inspection, used by ISPs to read a user's Internet traffic. The "lawful content" limitation may give legal cover to this privacy-violating practice. In response, the Commission simply suggests that users protect their own privacy using encryption, virtual private networks, and Tor. While it's a very good idea for users to protect themselves with such tools, that shouldn't be their only protection against the very companies they are forced to trust in order to gain access to the Internet – particularly when ISPs like Verizon have gone to extreme measures to circumvent users' privacy controls. Leaving users to fend for themselves does not bode well for the FCC's future proceedings on privacy rules." [3]

By January 2016, the EFF, along with several other advocacy groups, have co-authored a letter [9] to the FCC in response to the FCC's announcement that it will soon make rules about customer privacy for broadband internet [5]. This was done soon after the FTC's commissioner welcomed the FCC's cooperation to result in stronger privacy protections. For a rationale of the FCC's actions, too long to quote inline, I highly recommend the section "III. A. Background and Need for the Rules" of FCC 16-148 [11] and other sections to follow.

As they often have, Ars Technica provided excellent coverage of the context surrounding these events [4][5][6][7][10]. Notably, their recent article [8] writes about the nuances of which rule was made in response to what, and how the situation we find ourselves in today came to be. The 9th Circuit's opinion in the FTC vs. AT&T case threw a wrench into things [10][12].

[1] https://www.eff.org/deeplinks/2015/02/huge-win-open-internet... [2] https://www.eff.org/deeplinks/2015/02/fcc-votes-net-neutrali... [3] https://www.eff.org/deeplinks/2015/03/todays-net-neutrality-... [4] https://arstechnica.com/business/2015/02/fcc-votes-for-net-n... [5] https://arstechnica.com/tech-policy/2016/03/isps-wont-be-all... [6] https://arstechnica.com/business/2016/03/fcc-votes-to-help-p... [7] https://arstechnica.com/information-technology/2016/10/isps-... [8] https://arstechnica.com/information-technology/2017/03/how-i... [9] https://www.publicknowledge.org/assets/uploads/documents/Bro... [10] https://arstechnica.com/tech-policy/2016/08/atts-common-carr... [11] https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-148A1.p... [12] https://iapp.org/news/a/the-att-v-ftc-common-carrier-ruling-...




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