Marsha Blackburn Voted to Let ISPs Sell Your Browsing Data Without Consent

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Key Takeaway

In 2017, Blackburn voted to overturn FCC rules that would have required internet service providers to get customer consent before selling browsing history, app usage, and location data — leaving rural Tennesseans with few ISP alternatives and zero privacy protections for their online activity.

The Broadband Funding Blackburn Opposed

Beyond privacy, Blackburn’s opposition to the Bipartisan Infrastructure Law meant she voted against the $65 billion Broadband Equity, Access, and Deployment (BEAD) program — the largest federal broadband investment in American history. Tennessee was allocated over $800 million through BEAD to connect unserved and underserved communities. Much of that funding is flowing to exactly the kind of rural East Tennessee communities in TN-1 that lack reliable internet access. The Tennessee Department of Economic and Community Development is administering these funds despite Blackburn’s No vote.

The Governor Connection

As governor, Blackburn would oversee the state agencies distributing the very broadband funding she voted against. She would also set the tone for state-level digital privacy protections. Tennessee currently has no comprehensive consumer data privacy law. A governor who voted to let ISPs sell browsing data without consent may not be the champion rural Tennesseans need for digital rights and connectivity.

Blackburn Backed the Repeal of FCC Broadband Privacy Protections in 2017

In 2017, then-Representative Marsha Blackburn voted in favor of S.J.Res.34, a Congressional Review Act measure that overturned FCC rules requiring internet service providers to obtain opt-in consent from customers before selling their browsing data, app usage history, and other personal information. The vote effectively gave ISPs like Comcast, AT&T, and Charter free rein to monetize customer data without explicit permission.

Why Rural Tennessee Residents Have the Most to Lose

This vote had outsized consequences for people living in Tennessee’s 1st Congressional District and across rural East Tennessee. In many parts of Appalachian Tennessee, consumers have only one or two choices for broadband service. When you have no competitive alternatives, you cannot “vote with your feet” by switching to a more privacy-respecting provider. Blackburn’s vote essentially told rural Tennesseans: your ISP can sell your personal data, and there is nothing you can do about it.

The Telecom Industry Connection

Blackburn has been one of the top recipients of telecom industry campaign contributions throughout her career in Congress. According to OpenSecrets data, she has received hundreds of thousands of dollars from companies like AT&T, Comcast, and the National Cable & Telecommunications Association. Her vote to strip privacy protections aligned perfectly with the financial interests of her largest corporate donors—but ran counter to the interests of her constituents who depend on these same companies for their only internet access.

What the Privacy Rules Would Have Required

The FCC rules that Blackburn helped repeal would have required ISPs to clearly disclose what data they collect, get affirmative consent before selling sensitive data (including browsing history, app usage, health information, and financial data), and notify customers of data breaches. These were baseline consumer protections that most Americans—regardless of party—supported. A 2017 survey found that over 70% of Americans opposed allowing ISPs to sell personal data without consent.

Impact on East Tennessee Communities

For families in Johnson City, Kingsport, and smaller communities throughout the Tri-Cities region and beyond, this vote meant their internet provider could track and sell information about every website they visit, every app they use, and every search they make—all without asking first. For small business owners relying on broadband for e-commerce, this created an additional layer of privacy risk that competitors in larger markets could more easily avoid through provider choice.

The Broadband Privacy Debate Explained

In 2017, Blackburn voted to repeal FCC broadband privacy rules that would have required internet service providers to obtain customer consent before selling their browsing history, app usage, and location data to advertisers. The rules, adopted under the Obama administration, were designed to give consumers the same privacy protections for their internet activity that already existed for telephone communications.

East Tennessee broadband access chart showing limited options after Blackburn privacy vote

Blackburn argued that the rules created an unfair regulatory framework by applying different privacy standards to ISPs than to tech companies like Google and Facebook. However, critics noted that ISPs have a uniquely comprehensive view of customer internet activity — they can see every website a customer visits, every app they use, and their physical location through their connection — making ISP privacy protections particularly important.

Impact on Rural Tennessee Communities

For residents of rural East Tennessee, where internet service options are extremely limited, the privacy vote had outsized consequences. In areas served by only one or two ISPs, consumers cannot simply switch providers if they disagree with how their data is being used. Urban consumers often have multiple broadband options, giving them market-based leverage that rural Tennesseans lack.

The digital divide in Tennessee’s 1st Congressional District means that many residents are only now gaining broadband access through federal infrastructure investments — investments Blackburn voted against. As these communities come online, the absence of strong privacy protections means their data can be monetized from day one, without their explicit consent.

ISP Market Concentration in East Tennessee

The privacy implications of the 2017 vote are magnified in East Tennessee by the region’s limited broadband competition. According to FCC broadband deployment data, 38% of rural residents in Tennessee’s 1st Congressional District have access to only one fixed broadband provider offering speeds of 25 Mbps or higher. In parts of Carter, Unicoi, and Greene counties, that figure exceeds 60%. When consumers have no meaningful choice of internet provider, the argument that “market forces will protect privacy” collapses entirely — there is no alternative provider to switch to.

Charter Communications (Spectrum) and AT&T dominate the region’s broadband market, with smaller cooperatives like Highland Telephone Cooperative and North Central Telephone Cooperative serving pockets of rural subscribers. Without the FCC privacy rules, all of these providers can legally collect and sell customer browsing data, location information, and app usage patterns without affirmative opt-in consent. For the estimated 180,000 broadband subscribers in the 1st Congressional District, this means their online activity is a commodity — and they had no say in that arrangement.

What a Governor Could Do About Broadband Privacy

While broadband privacy regulation is primarily a federal issue, Tennessee governors can influence the landscape through several mechanisms. The governor oversees the Tennessee Broadband Accessibility Act grants, which fund rural broadband expansion — and could attach privacy requirements to those grants as a condition of receiving state funds. The governor also appoints members to the Tennessee Regulatory Authority, which has oversight of telecommunications providers in the state. Additionally, a governor can advocate for or against state-level privacy legislation, as several states (including California, Colorado, and Virginia) have enacted comprehensive consumer data privacy laws that include ISP-specific provisions.

What This Means for the Governor’s Race

Tennessee’s governor has the authority to support or oppose state-level data privacy legislation, direct broadband expansion efforts, and set the tone for how the state balances economic development with consumer protection. Blackburn’s record of siding with ISP corporate interests over consumer privacy provides a window into how she might approach these decisions as governor.

Several states have passed their own comprehensive data privacy laws in recent years. Whether Tennessee follows suit could depend significantly on who occupies the

Related: See also Blackburn’s fight against net neutrality and the infrastructure funds she voted against.

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In 2017, Congress voted to let ISPs sell customers’ browsing data without consent—a move Blackburn supported that left rural Tennesseans with few ISP alternatives and zero privacy protections.
governor’s mansion. Blackburn’s track record suggests she would be unlikely to champion strong consumer privacy protections at the state level.

Frequently Asked Questions

Did Blackburn vote to let ISPs sell browsing data?

Yes. In 2017, Blackburn backed S.J.Res.34, which overturned FCC rules requiring ISPs to get opt-in consent before selling customer browsing data, app usage, and location information.

How does this affect rural Tennessee internet users?

Rural areas in East Tennessee often have only one or two ISP options. The repeal removed their only regulatory safeguard against data harvesting by their sole provider.

Did Blackburn vote against broadband funding for Tennessee?

Yes. Blackburn voted No on the Bipartisan Infrastructure Law, which included $65 billion for broadband expansion. Tennessee has received hundreds of millions from this law despite her opposition.


Sources

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Last updated: March 13, 2026

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