San Francisco - The Electronic Frontier Foundation (EFF) urged the Federal Communications Commission (FCC) today to update privacy rules to prevent broadband Internet access service providers from recording and sharing their customers’ every move online.

EFF’s comments are part of the FCC’s rulemaking on consumer privacy and telecommunications services. As broadband providers are uniquely positioned to track every communication and activity—often in real time—the FCC is proposing to update current telecom policy to protect the privacy and security of consumers.

As part of this update, EFF calls on the FCC to enact rules that clearly protect customers’ confidentiality, curtailing data collection to only what is needed to provide Internet access. The current FCC plan includes a tiered consent system, allowing for “implied approval” for sharing personal information, as well as some “opt-in” and “opt-out” sharing. But “implied approval” amounts to treating “no approval” as “approval.” That opens the door to scores of other companies getting information about your online activities without your consent.

“Many decisions about what to do with personal data are done behind customers’ backs, exposing their information to marketers and data brokers without any transparency in the process,” said EFF Staff Technologist Jeremy Gillula. “To protect privacy, you have to have true consent, along with clear data sharing policies and retention and deletion practices. We are asking the FCC to make sure that customers have real control, instead of just an illusion of it.”

Furthermore, EFF advised the FCC to prohibit broadband companies from offering financial inducements in exchange for consent to collect and share personal information.

“Privacy isn’t just for people who can afford it,” said EFF Legislative Counsel Ernesto Falcon. “Customers often don’t understand the implications of giving up personal information—and telecoms aren’t eager to explain the situation clearly—and that’s simply unfair.”

For the full comments to the FCC:

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