Circuit Court of Appeals upheld the biggest — and most controversial — move the Federal Communications Commission has made under Wheeler s tenure as chairman when it gave a stamp of approval to the agency s net neutrality rules.

I mean, it was fascinating that the court decision came down at the exact moment when there was a hearing being held in the House in which one of the themes was that the FCC had illegally overstepped its authority with the Open Internet order, and it was that alleged overstepping of its authority that cast the whole proposal that we have about privacy into a cocked hat.

Congress said two years ago, We want you to bring together a group called DSTAC — the Downloadable Security Technology Advisory Committee — to advise on how to make this transition.

How do you respond to that?A: Well, I think that a well-tried lobbying strategy is that when you don t have the facts on your side, invent a boogeyman.

So you guys set up a scheme where you have some information that you are considering — you think ought to be considered — that people should assume that this information is being collected and there s no — they have implied consent.

One of your fellow agencies, the Consumer Financial Protection Bureau, is taking a step against this, where they re saying financial companies are not going to be able to do this anymore, that consumers can t waive their rights to class-action suits.

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