EFF: Large ISPs Lying to Californians to Kill New Privacy Law

California is considering new broadband privacy protections after the GOP and President Trump voted to dismantle the FCC's consumer broadband privacy protections earlier this year at the behest of giant broadband providers. On June 19, California Assemblymember Ed Chau introduced AB 375 (pdf), which, like the FCC rules it's intended to replace, requires that large ISPs are very clear about what consumer data is being collected and sold to third parties.

It also requires that consumersif ISPs want to share more personal data (like web browsing histories or financial information).

And it goes a little further than the FCC rules would have, in that it prohibits ISPs from punishing customers who chose to opt out -- or charging them more money if they want to protect their own privacy.

Not too surprisingly, the EFF says that large ISPs are throwing millions of dollars -- and plenty of misleading arguments -- at the California legislature ahead of a vote on the proposal this week. The group obtained letters being sent by large ISPs to legislatures insisting these companies have done nothing wrong, and that the legislation is unnecessary.

"EFF obtained copies of their letters and feel it is vitally important California’s elected officials know that the industry is unloading a plethora of misleading arguments, some of which they themselves are actively contradicting in other forums," states the group.

While large ISPs have tried to argue that such rules aren't necessary, those same ISPs have repeatedly proven they have little credibility on the subject, and no ability to self-regulate within the parameters of good taste.

Both AT&T and Comcast have tinkered with charging consumers more money to protect their data, effectively making privacy a luxury option. Verizon, meanwhile, was caught covertly modifying user packets without telling anybody or providing working opt out tools. Cable operator Cable One was caught bragging about plans to offer worse customer service to consumers with lower credit ratings.

None of these actions are theoretical; they've already happened. And without an additional layer of meaningful privacy protections, consumer advocates argue they will happen again. While ISPs and the current FCC have tried to argue that the FTC's limited authority over broadband will be enough of a "cop on the beat" to make up for the absence of FCC oversight, we've explained repeatedly how this simply isn't the case. Large ISPs like Comcast want the FTC as the only privacy watchdog -- because they know the agency's authority, funding and resources are too limited to effectively police their behavior.

The EFF has created this form letter creating website for broadband consumers eager in throwing their support behind these new privacy protections, which the EFF says can be used as a template across numerous states in the wake of federal apathy toward truly protecting consumer interests.