On July 5, 2016, the Federal Bureau of Investigation (FBI) and United States Secret Service (USSS) jointly submitted comments in support of the Federal Communications Commission's (FCC) plan to extend data breach notification rules to broadband providers. The FCC's data breach proposal was introduced in April in an effort to extend the privacy requirements of the Communications Act to Internet Service Providers (ISPs) and would require ISPs to obtain consumer consent before tracking online activity. The FBI and USSS support the FCC's proposals to allow for delay of notification to customers when the notification would interfere with criminal or national security investigations, and to provide early notification of any breach to federal law enforcement agencies to facilitate coordination and information collection. Critics of the FCC's proposal argue that the proposed rules are overly burdensome and legally questionable. Among their concerns, critics argue that the proposals would unfairly restrict the use of broad classes of non-sensitive information among ISPs and would require notification to customers even in the event of unsuccessful breach attempts. Next, the FCC will decide whether to proceed with the proposed rulemaking, or issue a new or modified proposal. The full text of the FBI and USSS comments can be found here.