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26 Fordham Intell. Prop. Media & Ent. L.J. 225
Article by Thomas B. Norton*
In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.
* Privacy Fellow, Fordham Center on Law and Information Policy (CLIP); J.D. Candidate, 2016. I would like to thank Professor Olivier Sylvain for his thoughtful advice and insightful feedback on this Note. I would also like to thank Professor Joel Reidenberg for his commentary and support. Special thanks to Liz Walker and the Fordham IPLJ editors for the opportunity to publish this Note, and to the IPLJ staff for their efforts.