FCC – FTC Replace Net Neutrality with MOU (Memo)

The laws governing Net Neutrality are gone. The FCC voted to repeal Net Neutrality in a 3-2 vote on December 14, 2017. In its place, the FCC and FTC have agreed to work together to “coordinate online consumer protection efforts“. The FCC and FTC have outlined how they will work together in the Memo of Understanding (MOU) “Restoring Internet Freedom FCC-FTC Memorandum of Understanding.”

The FCC – FTC Replace Net Neutrality with MOU

The FCC and FTC singed an Memo of Understanding (MOU) agreement that outlines how they will work together to enforce laws and protect consumers. The FTC will be responsible for holding companies to the policies, service agreements, and contracts they set up with consumers. The FCC will be responsible for enforcing communication laws.

According to the FCC – FTC

“The Memorandum of Understanding will be a critical benefit for online consumers because it outlines the robust process by which the FCC and FTC will safeguard the public interest,” said FCC Chairman Ajit Pai.

FCC – FTC Goal of the MOU

“Instead of saddling the Internet with heavy-handed regulations, we will work together to take targeted action against bad actors. This approach protected a free and open Internet for many years prior to the FCC’s 2015 Title II Order and it will once again following the adoption of the Restoring Internet Freedom Order.”

How the FCC – FTC Intend to Work Together

The FCC – FTC (“The Agencies”) MOU outlines how they intend to work together.:

• The FCC will monitor the broadband market and identify market entry barriers by, among other activities, reviewing informal complaints filed by consumers, and will investigate and take enforcement action as appropriate with respect to failures by an Internet service provider to comply, in whole or in part, with the Internet Freedom Order’s requirements to file with the FCC or display on a publicly available, easily accessible website the specified subjects of disclosure.
• The FTC will investigate and take enforcement action as appropriate against Internet service providers for unfair, deceptive, or otherwise unlawful acts or practices, including but not limited to, actions pertaining to the accuracy of the disclosures such providers make pursuant to the Internet Freedom Order’s requirements, as well as their marketing, advertising, and promotional activities.
• The Agencies will discuss potential investigations against Internet service providers that could arise under each agency’s jurisdiction, and coordinate such activities to promote consistency in law enforcement and to prevent duplicative or conflicting actions, to the extent appropriate and consistent with law.
• The Agencies will continue to work together to protect consumers, including through:
  • Consultation on investigations or enforcement actions that implicate the jurisdiction of the other agency;
  • Sharing of relevant investigative techniques and tools, intelligence, technical and legal expertise, and best practices in response to reasonable requests for such assistance from either Agency; and
  • Collaboration on consumer and industry outreach and education efforts, as appropriate.
• The Agencies may coordinate and cooperate to develop guidance to assist consumers’ understanding of Internet service provider practices.

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Read the FCC and FTC MOU… RESTORING INTERNET FREEDOM FCC-FTC MEMORANDUM OF UNDERSTANDING

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