In addition to a bothersome “breach” definition, the Federal Communications Commission (“FCC”), in its April 1, 2016 Notice of Proposed Rulemaking (“NPRM”) concerning ISP privacy regulation, proposes a sweeping definition of personally identifiable information (“PII”). The definition is broad enough to cover virtually every piece of information about an individual. Despite the FCC’s legally necessary finding that ISPs are “common carriers” required to transmit information without undue discrimination, the FCC seems not to have carefully considered an ISP’s unique and limited role in facilitating the exchange of information between and among consenting communicators….

fcccnprm