The Federal Communications Commission (“FCC”) is on the verge of proposing new federal privacy regulations for internet broadband service providers (“ISPs”). ISPs were previously policed by the Federal Trade Commission (“FTC”). The FCC’s rulemaking is an outgrowth of its determination last year that wireline and wireless ISPs are telecommunications common carriers subject to Title II of the Communications Act, including the privacy provisions in Section 222 thereof. That determination, which is still under attack in court, effectively moved ISPs from FTC to FCC jurisdiction. ISPs will soon be forced to grapple with the details of a proposed FCC privacy regulatory scheme that has already been broadly outlined in a “Fact Sheet” released by the FCC. The FCC will fully unveil its specific proposals in a formal Notice of Proposed Rulemaking (“NPRM”) scheduled for an FCC vote on March 31….

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