Here’s why we need to target this GOP Senator big time next year:
Republicans in Congress are setting their sights on killing the Federal Communications Commission's landmark internet privacy rules, the next target in their push to roll back Obama-era regulations.
The rules require broadband service providers to obtain permission from consumers before using certain personal information for marketing purposes.
The FCC passed the rules using its authority under the 2015 net neutrality rules, which said internet providers must treat all web traffic the same.
Sen. Jeff Flake (R-Ariz.) this week said he is planning to introduce a resolution to undo the privacy rules, arguing that the Federal Trade Commission (FTC) should have jurisdiction over privacy issues and not the FCC.
“The FCC’s midnight regulation does nothing to protect consumer privacy,” Flake said in a statement to The Hill. “It is unnecessary, confusing and adds yet another innovation-stifling regulation to the internet. My legislation is the first step toward restoring the FTC’s light-touch, consumer-friendly approach.
“It will not change or lessen existing consumer privacy protections. It empowers consumers to make informed choices on if and how their data can be shared. It has strong and growing support in both the Senate and the House, and I look forward to introducing it soon," he added.
Republicans have a powerful tool to roll back the privacy rules: the Congressional Review Act (CRA). Under the law, lawmakers can revoke a regulation finalized with 60 legislative session days. Resolutions like Flake's under the CRA only need a simple majority to pass both chambers and the president's signature.
The law has only been used three times in the last two decades to reverse a regulation, twice in the past week under President Trump.
With Trump in the White House and control of both chambers, Republicans, though, are turning to the CRA to target a number of Obama rules.
Flake's effort also has the support of the telecom industry. A coalition of trade associations and free market groups urged Congressional leaders in a January letter to use the Congressional Review Act to target the privacy rules. The groups said the rules will not be effective and said the FCC lacked the authority to impose them.
But Senate Democrats and even some Republicans are arguing heavily against Flake’s effort:
“We would be left with neither the FCC nor the FTC having any jurisdiction over privacy,” Hawaii Democrat Sen. Brian Schatz said in Politico. “There’s nobody reasonable who thinks that neither agency should have jurisdiction.”
That’s the result of a ruling last year in the Ninth Circuit Court of Appeals. The ruling, based on an outdated law meant to divide the agencies’ jurisdictions, bars the Federal Trade Commission from bringing enforcement action against companies acting as common carriers. The FCC reclassified internet providers as common carriers, a public utility designation, in net neutrality rules passed in 2015, which the privacy rules are based on.
Before net neutrality, internet providers fell under FTC jurisdiction. That means a straight repeal of the rules would potentially leave any company with even a side business as a common carrier, like Google with Google Fiber, free from privacy oversight.
Acting Republican FTC Chairwoman Maureen Ohlhausen agreed in an interview shortly after President Donald Trump’s inauguration in January. Ohlhausen described the issue as “a problem for the FTC and for consumers” that goes beyond telecommunications.
“Say for example you have a common carrier who decided to sell dietary supplements,” she said. “The FCC isn’t going to be there policing over dietary supplements, but this could divest the FTC of oversight over them as well.”
House Communications and Technology Subcommittee Chairwoman Marsha Blackburn, who’s heading up a repeal of the rules on the House side, said last week any repeal would seek to close any gap, but didn’t detail how that could be accomplished.
“I would think there would be way to work through that so you don’t have a gap in oversight,” she said.
The biggest internet service providers in the U.S. began lobbying Congress to undo the rules, passed under the previous Democratic-led FCC, almost immediately after the election.
“Amongst other flaws, the FCC Order would create confusion and interfere with the ability of consumers to receive customized services and capabilities they enjoy and be informed of new products and discount offers,” they wrote to congressional leaders in January.
Democrats, led by Massachusetts Sen. Ed Markey, have vowed to oppose any effort to dismantle net neutrality rules passed under the previous administration.
“Big broadband companies want to mine and sell consumers’ most sensitive personal information without any consent,” Markey said Thursday. “Without the FCC’s broadband privacy rule, broadband providers will be able to sell dossiers of the personal and professional lives of their subscribers to the highest bidder without their consent.”
Since taking the top office last month Republican FCC Chairman Ajit Pai, who voted against the privacy rules, hasn’t said if he’ll enforce the rules or roll them back at the agency level.
By the way, Flake was joined by Tea Party Governor Doug Ducey in crying about how unfair the Ninth Circuit Court of Appeals has been in their latest op-ed in AZ Central:
Justice is not being served.
Swift access to the courts is a foundational tenet of our justice system. But for far too long, Arizonans and many other Americans have been denied this important constitutional right.
The reason? Our state falls under the jurisdiction of the U.S. Court of Appeals for the 9th Circuit. Composed of nine states and two U.S. territories, the oversized and overburdened 9th Circuit hears approximately 12,000 appeals each year—at least 30 percent more than the next most active circuit.
For these thousands of cases under consideration, the average turnaround time exceeds 15 months. With no slowing in the deluge of cases filling the docket, the path to justice keeps getting longer.
Flake and Ducey face the voters next year and they should be worried because Donald Trump only very narrowly kept Arizona red last year. Plus, conservative outlets like Newsmax think Flake is going to be a victim of a Tea Party primary challenge:
In fact, the Atlantic Media and Research poll showed that among likely Republican primary voters in the Grand Canyon State, conservative Kelli Ward actually defeats Flake by 30 to 23 percent.
The survey comes at a time when Ward, former state legislator and osteopathic physician, recently filed to challenge Flake for renomination. Last year, Ward lost the Republican primary to the Grand Canyon State’s senior Sen. John McCain by 51 to 40 percent (with the remainder going to two other candidates).
Less than a year after losing to McCain, Atlantic Media and Research found, Ward has a recognition rate of 74 percent among Arizona Republicans and independents likely to vote in the GOP primary (which is permitted under state election law).
Flake never endorsed Donald Trump in 2016. Moreover, he has been criticized from conservatives within his own party for his stand on several issues, from his support of the “comprehensive reform” approach to illegal immigration to his long-standing support for the U.S. opening to Cuba executed by Barack Obama.
And Flake is finding himself in a tough position on another issue he’s supported; immigration reform:
Activists seeking to halt the immigration and refugee policies of U.S President Donald Trump will hold rallies to persuade members of Congress to take action at more than 30 locations across the country Wednesday, Feb. 22, including targeting U.S. Sen. Jeff Flake in Arizona.
To view the nationwide list of this week’s planned events being termed “We Are All America” or #WeAreAllAmerica, click here.
In Arizona, Promise Arizona and the We Are All America Coalition are sponsoring a rally at 2200 E. Camelback Rd. Phoenix, at the offices of U.S. Sen. Jeff Flake.
We Are All America Coalition is comprised of dozens of people of faith and immigrant and refugee organizations. With the recent release of General John F. Kelly deportation memos and Donald Trump’s anticipated executive orders, the group’s plan this week is to visit members of Congress in-district during their President’s Day recess.
Petra Falcon, executive director of Promise Arizona, said the Arizona action is a blatantly open attempt to get Flake to once again engage on the immigration issue. Flake was among the “Gang of Eight” that worked on immigration reform in 2013. It failed in the House.
It remains to be seen which Democrat will jump in to take on Flake but he’s no doubt a top target and with very few pickup opportunities for Team Blue in the Senate next year, Flake is in for the fight of his life.