Ohlhausen Continues Seeking Legislation Repeaking FTC's Common-Carrier Exemption
Acting FTC Chairman Maureen Ohlhausen repeated her position that she wants congressional action repealing the common-carrier exemption so the FTC can regulate broadband privacy but declined to comment on specific legislation that would restore even partial authority. Responding to a…
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question whether she would support HR-1754 introduced in March by House Digital Commerce and Consumer Protection Subcommittee Chairman Bob Latta, R-Ohio (see 1704270006), Ohlhausen, who gave a keynote speech Monday at a Capitol Hill discussion, said she's generally aware of the bill, but hasn't reviewed it in detail. "What I would like to see is the FTC be given its ability back on a firmer ground," she said. Last week, Sen. Richard Blumenthal, D-Conn., also introduced legislation that would give the FTC authority to enforce privacy and data security rules for ISPs. In August, the 9th U.S. Circuit Court of Appeals, siding with AT&T Mobility, ruled that the common-carrier exemption is status-based and therefore bars any FTC oversight over common carriers even if they're engaged in non-common carrier activity (see 1608290032). The FTC is seeking an en banc review of the 9th Circuit ruling. In response to a question about the FTC's next step if the hearing request is denied, Ohlhausen said: "It's a very core issue. If the 9th Circuit decision is upheld, I certainly think we'd want to see if there's anything else we can do, whether to appeal to the Supreme Court on that. But it's kind of a to-be-determined decision." She added the ruling has "ramifications far outside privacy and data security and telecommunications." Ohlhausen's talk at the University of Pennsylvania Law School-sponsored event focused on FCC reclassification of broadband as a common carrier service, removing FTC authority over such providers, similar to previous speeches (see 1704270006 and 1704190057). Earlier Monday, an appeals court upheld FCC net neutrality rules (see 1705010038).