On May 20, 2015, the Federal Communications Commission ("FCC") issued an advisory reminding Internet Service Providers ("ISPs") that according to the 2015 Open Internet Order, they will need to take "reasonable, good faith steps to protect consumers' privacy", pursuant to Section 222 of the Communications Act.
This advisory (named "Open Internet Order"), which came into force on 12 June 2015, orders ISPs to comply with the provisions of Section 222 of the Communication Act. Section 222, which describes the duty of telecommunications carriers to protect the confidentiality of its customers' information, has so far only applied to wireline and wireless telecommunications carriers. However, in the Open Internet Order, the FCC has decided to apply it to ISPs as well - without implementing any new rules that will provide further guidance on the precise ways of doing so.
The FCC declared it does intend to implement new rules that will guide ISPs on how to comply with Communications Act. However, until it does so, the ISPs are required to "employ effective privacy protections". The FCC has stated that its focus will be on whether the ISPs are taking "reasonable, good faith steps" to comply with the Act, rather than focusing on technical details. A good indicator, according to the FCC, will be if an ISP will seek the FCC's advice regarding the measurements needed to be taken to comply with the Act. Applications such as these, according to the FCC, implies "good faith".