STATEMENT OF
COMMISSIONER MIGNON CLYBURN
Re: Protecting the Privacy of Customers of Broadband and Other Telecommunications Services, WC 
Docket No. 16-106.
This morning for me was as typical as the last. Before opening my eyes, I reached for my
Smartphone; I confirmed the weather so I knew just what to wear, checked the news in my home state and 
locally to see what happened while I slept, looked at my social media account to follow the trends; 
responded to emails and texts, and, yes, engaged in some light ecommerce because I have not a thing to 
wear for next month’s Correspondence Dinner.  My smartphone engagement did not end with my drive to 
work, as my Internet service provider (ISP) can confirm. From that first reach of day to that last action 
where I failed to log off, my ISP knows which websites I visited (and, if not encrypted, the content I 
visited on each website), how long I was on each website, and when I was in my house versus my car 
versus this office.  This is a treasure trove of information that is not only very personal to me but is also 
very valuable to marketers and retailers.  
As a consumer of these services, I want the ability to determine when and how my ISP uses my 
personal information, and I am not alone. According to a Pew Research survey, 93 percent of consumers 
say that being in control of who can access information about them is important, 90 percent say that 
controlling what information is collected about them is important and 88 percent believe it is important 
that they not have someone watch or listen to them without their permission.
So today’s Notice of Proposed Rulemaking is both timely and relevant.  It seeks comment on 
proposals that would allow consumers to be in control of their information, and ensure transparency, 
consumer choice, data breach notifications and safeguards for security.  The proposals will still allow 
ISPs to continue to track and collect information provided the consumer is informed in a transparent way
and, in most cases, after the consumer gives either opt-in- or opt-out consent.  It also seeks comment on 
all other proposals industry and groups have submitted to the FCC.  Just about everything is on the table 
and each and every one of you has the opportunity to make your case about the best path forward.  I will
listen and commit to maintaining an open mind as we approach final rules and an order.  
Much has been said about today’s action, but the fact is that this is not “new” territory for the 
Commission. This Notice builds on decades of precedent and the FCC’s explicit statutory authority to 
ensure that network providers protect proprietary information and give consumers the power of choice. 
And, if I were to think back to my actions earlier this morning and compare them to what my 1990s 
telephone provider knew about me versus the information collected by my ISP today, let me just say that 
there is absolutely no comparison.  My 1990s provider would only know when my day got off to a start if 
I dialed someone or was called, and could then identify the other person’s number and the length of the 
call.  And, still, Congress believed it was appropriate to create a separate statutory provision to create a 
duty for carriers to protect the confidentiality of that information.
So yes, today I am proud to stand on the side of the 90 percent of consumers who want the ability 
to control what happens with their very personal and private information.  Times have changed and we 
need to ensure our rules are updated to reflect these technological transformations.
I want to thank the team of the Wireline Competition Bureau and the Office of General Counsel 
for their expertise and dedication as reflected in this item.