STATEMENT OF
COMMISSIONER MICHAEL O’RIELLY
Re: Protecting the Privacy of Customers of Broadband and Other Telecommunications Services, WC 
Docket No. 16-106.
I support this decision to stay the broadband data security rules while the Commission and 
Congress consider an appropriate resolution of the broader Net Neutrality proceeding.  
To be clear, I think the law and Commission precedent are quite straightforward: the FCC lacks
authority to adopt data security rules for any type of provider.  Data security is not mentioned anywhere 
in the Communications Act, and other statutes and legislative efforts that have addressed the topic do not 
afford the FCC any role.  I consistently objected to the prior Commission’s unlawful attempts to freelance 
in this area long before the Net Neutrality Order and Privacy Order were adopted.  I also pointed out that 
the Commission’s attempts to saddle the communications sector with experimental regulations could 
conflict with well-established FTC precedents that have served as a predictable road map for businesses 
and consumers alike. 
Finally, I appreciate the opportunity to vote on this order at the Commission level.  While I 
welcome greater participation by the full Commission in general, I think that Commission-level action on 
significant decisions like this one are particularly helpful to provide a clear and final statement of the 
agency’s position, which promotes transparency and certainty for all interested parties.