In a joint filing by all of the major advertising lobbying and trade associations, the advertising industry this week was
quick to submit a pe ion to the FCC (pdf) claiming that the new rules aren't necessary because the marketing sector already adheres to a "self-regulatory" regime that delivers all the transparency, choice and benefits that consumers could
possibly handle:
"This ecosystem has functioned well for years under an enforceable self-regulatory framework developed by the Digital Advertising Alliance (“DAA”), which is broadly supported by industry and widely recognized as a highly credible and effective privacy self-regulatory program that offers consumers transparency about online data collection and a way to control the use of their online data by DAA members while allowing data-driven innovation to flourish. The DAA has been widely successful, with hundreds of companies and thousands of brands participating in the program, over 75 million unique visitors to its digital properties, reaching 35 countries and translated into 26 languages."
And while it's certainly
nice that the advertising agency has translated its entirely voluntary privacy practices into so many languages, that's not really relevant to what the FCC was trying to accomplish with the rules. The FCC imposed rules specifically thanks to the lack of compe ion in the broadband last mile, a lack of compe ion that lets ISPs and advertisers impose draconian new consumer surveillance policies the consumer can't vote to avoid with their wallet. The FCC was particularly nudged to action by the discovery that Verizon and its ad partners were
covertly modifying user packets to track users around the internet.
It took
two years for security researchers to even discover what Verizon and its marketing partners were up to. It took another six months of heavy public shaming before Verizon was even willing to provide working opt-out tools. At no point did industry, or any of its self-regulatory apparatuses, stop and think they'd
taken things a bit too far, which is why the FCC, agree or not, felt it was necessary to lend consumers a hand. The FCC was also concerned about a growing push by some ISPs to make opting out of data collection a
pricey, luxury option for consumers, "self-regulatory safeguards" be damned.