Marc Martin was quoted in the Law360 article, "GOP Plan Revives, Expands Part Of Nixed FCC Privacy Rules," regarding the effect of a new bill to reinstate tougher opt-in standards for internet service providers and content companies to use certain consumer data.

Marc S. Martin of Perkins Coie LLP pointed to transactions in which broadband providers have gained content ownership interests. Given the ISPs’ goals for competing with content companies on consumer data use, Martin said the providers therefore have “divided loyalties” on the issue of stiffer rules for content companies.

“The broadband internet access provider industry — they’re not pure themselves,” he said. “I almost wonder if [the bill] was a stalking horse for the debate. We’ll see. … I just don’t see where that has gotten a lot of love from the Senate thus far.”

Martin said it’s interesting the court said in agreeing to rehear the case that the panel decision can’t be cited as precedent in the interim, which some see as indicating the decision will be overturned. Legislation could also resolve the jurisdictional question, he said.