Broadband Law Advisor Blog : Broadband Lawyers & Attorneys : Davis Wright Tremaine Law Firm : National Broadband Plan Adoption & Infrastructure Updates

Two new “do-not-track” privacy bills would impose new restraints on online tracking, behavioral marketing, and the use of mobile application and geolocation data. Rep. Markey introduced his discussion draft with his co-chairman of the House privacy caucus, Rep. Barton. Their “Do Not Track Kids Online” bill would build on the current Child Online Privacy Protection Act (COPPA), which requires parental consent for collecting and using personal information online from children under 13.

Using the political hook of protecting children, the bill proposes to convert COPPA into a framework extending to online and mobile apps, and to tracking and marketing to all those under 18—in the process imposing age verification requirements and other processes that may redefine the apps and mobile experience for all users. Sen. Rockefeller’s version, the “Do Not Track Online Act of 2011,” would simply grant the Federal Trade Commission (FTC) the power to define and adopt the comprehensive do-not-track regime the FTC recommended in December 2010 (which we discussed in detail earlier).

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On Monday, Sen. Rockefeller introduced new legislation authorizing the FTC to enact regulations over the collection and use of personal information obtained by online tracking tools that track individual online activity.  The "Do Not Track" bill follows the recent FTC report on privacy  (which we discussed here) outlining a new framework for privacy protections and a do-not-track mechanism.   The text of the bill is not yet publicly available, but other information about the bill may be found here.

The Do Not Track bill follows earlier privacy bills introduced last month by Sen. Kerry and Rep. Stearns that focus on notice and disclosure requirements for collecting and sharing personal information.  Those bills are available here (Kerry) and here (Stearns).  We also posted an in-depth perspective on these bills here.

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 The FCC’s April 7, 2011 Pole Attachment Report and Order and Order on Reconsideration was published in the Federal Register this morning, meaning that June 8, 2011 will be the effective date for most of the new rules it implements, which were described in DWT Advisories last month (see DWT’s Advisory on the Order here and our Advisory on how the Order affects wireless deployment here.). Three of the Order’s rules contain information collection requirements that must receive further clearance from the Office of Management and Budget before they will be implemented. These are rules 1.1420 (timeline for access to utility poles); 1.1422 (contractors for survey and make-ready); and 1.1424 (complaints by incumbent local exchange carriers). DWT has participated in all prior pole proceedings and will post new entries regarding the effective date of the remaining rules and utility challenges that are expected to be filed. Please let us know if you would like further information regarding the FCC’s April 7 Order.

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