Republican senators yesterday introduced legislation that would overturn new privacy rules for Internet service providers. If the Federal Communications Commission rules are eliminated, ISPs would not have to get consumers' explicit consent before selling or sharing Web browsing data and other private information with advertisers and other third parties.

As expected, Sen. Jeff Flake (R-Ariz.) and 23 Republican co-sponsors introduced the resolution yesterday. The measure would use lawmakers' power under the Congressional Review Act to ensure that the FCC rulemaking "shall have no force or effect." The resolution would also prevent the FCC from issuing similar regulations in the future.

Flake's announcement said he's trying to "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared," but he did not explain how it will achieve that.

Flake called the FCC's privacy rulemaking "midnight regulation," even though it was approved by the commission in October 2016, before the presidential election, after a months-long rulemaking process.

“The FCC's midnight regulation does nothing to protect consumer privacy," Flake said. "It is unnecessary, confusing, and adds yet another innovation-stifling regulation to the Internet." Flake's announcement also said that the FCC-imposed "restrictions have the potential to negatively impact consumers and the future of Internet innovation."

The privacy order had several major components. The requirement to get the opt-in consent of consumers before sharing information covered geo-location data, financial and health information, children’s information, Social Security numbers, Web browsing history, app usage history, and the content of communications. This requirement is supposed to take effect on December 4, 2017.

The rulemaking had a data security component that required ISPs to take "reasonable" steps to protect customers' information from theft and data breaches. This was supposed to take effect on March 2, but the FCC under newly appointed Chairman Ajit Pai halted the rule's implementation. Another set of requirements related to data breach notifications is scheduled to take effect on June 2.

Flake's resolution would prevent all of those requirements from being implemented. He said that this "is the first step toward restoring the [Federal Trade Commission's] light-touch, consumer-friendly approach." Giving the FTC authority over Internet service providers would require further FCC or Congressional action because the FTC is not allowed to regulate common carriers, a designation currently applied to ISPs.

US Sen. Brian Schatz (D-Hawaii) blasted Flake's proposal.

“If this [resolution] is passed, neither the FCC nor the FTC will have clear authority when it comes to how Internet service providers protect consumers’ data privacy and security," Schatz said in a statement issued yesterday. "Regardless of politics, allowing ISPs to operate in a rule-free zone without any government oversight is reckless."

Sen. Edward Markey (D-Mass.) offered similar criticism. "Big broadband barons and their Republican allies want to turn the telecommunications marketplace into a Wild West where consumers are held captive with no defense against abusive invasions of their privacy by internet service providers,” Markey said. "Consumers will have no ability to stop Internet service providers from invading their privacy and selling sensitive information about their health, finances, and children to advertisers, insurers, data brokers or others who can profit off of this personal information, all without their affirmative consent."

Republicans in the U.S. Congress are moving to repeal regulations adopted by the Obama administration in October that would have subjected internet service providers to stricter scrutiny than websites to protect customers' private data.

Senator Jeff Flake of Arizona introduced a resolution on Tuesday backed by 34 other senators to undo the regulations under a provision that allows Congress to repeal recently approved federal regulations.

Representative Marsha Blackburn of Tennessee, who chairs a House panel on telecommunications, introduced a companion measure on Wednesday. Republicans control both chambers of Congress.

Last week, the U.S. Federal Communications Commission temporarily blocked some of the rules from taking effect, a victory for internet providers such as AT&T Inc (T.N), Comcast Corp (CMCSA.O) and Verizon Communications Inc (VZ.N). Consumer advocates opposed the FCC move.

Under the rules, which were scheduled to take effect last Thursday, internet providers would need to obtain consumer consent before using precise geo-location, financial information, health information, children's information and web- browsing history for advertising and internal marketing.

FCC Chairman Ajit Pai, nominated by Republican President Donald Trump on Tuesday to serve a new five-year term, told a Senate panel on Wednesday that consumers would have privacy protections even without the Obama administration rules.

Republican commissioners including Pai said in October the rules unfairly give websites like Facebook Inc (FB.O), Twitter Inc (TWTR.N) or Alphabet Inc's Google unit (GOOGL.O) the ability to harvest more data than service providers and dominate digital advertising.

The American Civil Liberties Union criticized Flake's proposal to undo the rules. "With this move, Congress is essentially allowing companies like Comcast, AT&T, and Verizon to sell consumers’ private information to the highest bidder," ACLU general counsel Neema Singh Guliani said.