By Thomas Lenard
Published in The Hill on November 29, 2016
The FCC under President-elect Donald Trump is likely to take a hard look at net neutrality and the reclassification of broadband as a Title II common carrier service.
Repealing a regulation so recently blessed by the Court of Appeals may, however, be a lengthy and difficult process. The ISP privacy regulations adopted last month pursuant to the Title II reclassification may be more readily overturned because no court has yet ruled on them.
But that would still take some time. In the interim, the new FCC should adopt a more rational enforcement policy.
One early candidate should be the treatment of “pay-for-privacy” or “financial incentive” plans. These are broadband service plans that offer discounts to subscribers who permit their ISP to collect and use their data.
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