PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 TTY 202 / 418-2555 Internet: http://www.fcc.gov DA 10-62 Released: January 13, 2010 COMMENTS SOUGHT ON PRIVACY ISSUES RAISED BY THE CENTER FOR DEMOCRACY AND TECHNOLOGY NBP Public Notice # 29 PLEADING CYCLE ESTABLISHED GN Docket Nos. 09-47, 09-51, 09-137 Comment Date: January 22, 2010 In order to inform the Commission’s development of a National Broadband Plan, the Commission has inquired about the relevance of online privacy protections to broadband adoption and deployment. For example, in the Notice of Inquiry initiating the National Broadband Plan proceeding, the Commission asked “[w]hat are consumer expectations of privacy when using broadband services or technology and what impact do privacy concerns have on broadband adoption and use?” 1 The Commission has also solicited responses to questions about online privacy as it relates to cloud computing. 2 The Center for Democracy and Technology recently filed a letter with significant questions about the use of personal information and privacy in an online, broadband world. 3 The Commission seeks public comment on the questions and topics raised by the Center for Democracy and Technology in its letter, available at: http://webapp01.fcc.gov/ecfs/document/view.action?id=7020365402, and attached to this Public Notice. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. See 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two- sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules, 47 C.F.R. § 1.1206(b). 1 A National Broadband Plan for Our Future, GN Docket No. 09-51, Notice of Inquiry, 24 FCC Rcd 4342, 4363, para. 59 (2009). 2 Comment Sought on Data Portability and Its Relationship to Broadband – NBP Public Notice #21, GN Docket Nos. 09-47, 09-51, 09-137, Public Notice, DA 09-2433 (Nov. 18, 2009). 3 Letter from Ari Schwartz, Vice President and COO, Center for Democracy & Technology, to Marlene H. Dortch, Secretary, FCC (Jan. 11, 2010) (“CDT Jan. 11, 2010 Ex Parte) at 2-3. 2 • All comments should refer to GN Docket Nos. 09-47, 09-51, and 09-137. • Please title comments responsive to this Notice as “Comments —NBP Public Notice # 29.” • Filers using the Commission’s Electronic Comment Filing System (ECFS) should enter the following text in the “Custom Description” field in the “Document(s)” section of the ECFS filing page: “Comments – NBP Public Notice #29”. Comments may be filed using (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. 4 Comments can be filed through the Commission’s ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal: http://www.regulations.gov. 5 In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. ƒ Effective December 28, 2009, all hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12 th St., SW, Room TW- A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Please Note: The Commission's former filing location at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002 permanently closed on December 24, 2009. ƒ Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. ƒ U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12 th Street, SW, Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY). For further information about this Public Notice, please contact Randy Clarke at (202) 418-1500. 4 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). 5 Filers should follow the instructions provided on the Federal eRulemaking Portal website for submitting comments. Attachment: Center For Democracy and Technology Letter Filed January 11, 2009 January 11, 2009 FILED ELECTRONICALLY Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street SW, Room TW-A325 Washington, DC 20554 RE: x Parte Presentation in Docket No. 09-51, 09-47, 09-137    Der?Ms.?Dortch:? ? OnJauary?5,?201?Imet?with?Blair?Levin?and?Erik?Garr?of?the?Nationl?Broadbn? Pl?tem. ? Th?discussion?focused?on?h?te?Comission?could?get?more?public?coment?o? protecing?privay?teusef?prsonal?informatioinbroadnaplicios.? Base?oth?discssio,?I?av?cretdraft?Nic?f?Inqiry?(NOI)?for?th? Cmissionocsidr?relsingo?his?issue.??ThisO?is?inclueblow. ? Inacordae?with?Section?1.1206(b),?47?C.F.R.?§?1.1206,?this?ltr?is?ing?filed? eltroiclyyour?ffice.? ? Respctfuly?Submitted,? ? Ari?Schwartz? Vice?Presidentd?CO? In the course of compiling the record for the Commission? development of the National Broadband Plan, 1 the Commision has invited commen implementation of smart grid technologie, health delivery, oen government and data portability. Themmision receivents regarding both the imprtance of the ability to utilize personal information and to protect persnal privacy in each of these areas. Accordingly, the Commission seks more tailored comment on the use of personal information, identity management services, and privacy rotection acros broadband applications. Meeting Consumer Expectations of Privacy. The Commission has received comments suggesting that the use of prsnal information mains central to thecce of many of the technologie considered, yet trust in these technologie depends on the ability to meet basic consumer expctations of privacy. The Commission invites further mment on this isu, including: 1.What principles and standards should be considered to help articulate existing consumer expectations of privacy? 2. What can federal agencies do to help ere that consumer xpctatio of privacy are met as new technologies platforms are developed? 3. Are there industry best practices or regulatory models that are useful in helping to ensure that can be adapted acros technology platforms to ensu that urs are protected while allowing for the propr u of prsonal information? Building Privacy by Design. The Commission would like further comment on ways to promote the development of technologies that protect privacy as they also utilize data. 1.How can information be de-identified, encrypted, psuedonymized or used in the aggregate in ways that are useful to help protect privacy? can the best of thes methods b determined for a particular application? 2. What data minimization principles should be usd for different types of data? How can these built into the technology? 3. can identity management systems b deveped to help provide more direct usr controls over personal information acroslatforms? In particular, ho can thes ste bsigned so that the user is an equal partner to the relying party and the identity provider? 4. Are there existing technical standards that can help to pmote privacy by design? 1 See American Recovry and Reivstment Act of209, Pub. LNo. 1-5, 123 Sta. 15 (209) (Recovy t). 5. What can the federal government do to help promote privacy by design? Creation and Use of Transactional Data. Broadband applications create new sets of data about transactions including potentially the exact time, place and manner that cold lead to the discovery of actions of individuals in public or in their homes. The Commission has received comments abot concerns surronding the collection, ue and storage of this information and wold appreciate further comment on this issue, including: 1. Are certain types of transactional data (location information, health data, etc) more snsitive than others? Should limits be placed on the retention or u of some of this data in ways that are not required today? 2. A the current rules on government acces and use of transactional data held by gont agencie sufficient to ensure that this data cannot be abusd? Third-Party Applications. Many of the new platforms created for the use of broadband, such as those for energy grid and personal health records, wuld allow third party applications to be created to provide service for sers. This use of third party aplicatio has raisd qustions about the role of slf-regulation and government regulation in pmoting a trutworthy marketplace. The Commission would like further thoghts on the following areas: 1.What responsibilities do companies that create new platforms that vet third party applications create for themselves? Would holding the platform provider liable for the actions of third-party application that violate basic privacy and security standards create incentives to ensure that consumer privacy is protected? Would it stifle innovation? Is there a middle ground that can protect consumers and e innovation?