On May 20, 2015, the FCC Enforcement Bureau released an advisory providing guidance on its enforcement of the core customer privacy protections of Section 222 of the Communications Act, 47 U.S. Code § 222, against broadband internet access service providers under its February 26, 2015 Open Internet Order. The enforcement will begin when the Open Internet Order goes into effect on June 12, 2015.

The advisory provides that the FCC's existing rules implementing Section 222 that apply to telephonic carriers will not apply to broadband providers and that only the Section 222 statutory provisions will apply, though in the future, the FCC may adopt implementing rules tailored to broadband providers. The advisory provides that until the FCC adopts implementing rules, enforcement will focus on whether broadband providers:

The advisory also provides that the Enforcement Bureau will provide formal and informal guidance and additional advisories. In addition, providers may request advisory opinions regarding whether their planned course of conduct complies with the Open Internet Order. The FCC's advisory adds to the growing list of actions the agency has taken in the last year signalling its focus on privacy and data security enforcement, including joining the Global Privacy Enforcement Network and levying steep penalties in several enforcement actions against carriers (see, Legal Updates, AT&T Will Pay $25 Million to Settle FCC Privacy Investigation and FCC to Fine Phone Carriers $10M for Failing to Safeguard Customer Data).