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Close to zero. The FTC privacy regulations were struck down by the Ninth Circuit Court of Appeals last year in AT&T Mobility v. FTC, in which the court ruled only the FTC had no authority to regulate activities of entities with common carrier status, even for activities for which they are not common carriers. So, even leaving aside the Open Internet Order reclassifying broadband as a common carrier service, ISPs that are telcos and for that reason have common carrier status are immune to FTC regulation.

That ruling was the reason.The outgoing FCC majority adopted the privacy regulations it did late last year; they were replacements for the FTC orders that were struck down.



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