WASHINGTON-The Federal Communications Commission is considering issuing additional rules for protecting cell-phone customer records later this month, FCC Chairman Kevin Martin told the House Commerce Committee Wednesday. Martin also asked that legislators strengthen laws to prohibit the commercial sale of the records.
“We are initiating a proceeding to determine what additional rules the FCC should adopt to further protect consumers’ sensitive telephone record data from unauthorized disclosure,” said Martin. “I believe that Congress could specifically make illegal the commercial availability of consumers’ phone records. Thus, if any entity is found to be selling this information for a fee, regardless of how it obtained such information, it would face liability.”
Martin wants the FCC to implement the Electronic Privacy Information Center’s proposal on the issue. EPIC filed its petition in August, urging the FCC to implement additional rules to protect customer call records. If Martin’s colleagues agree, the agency would then move forward on the petition.
CTIA opposes the EPIC petition. However, CTIA President Steve Largent told RCR Wireless News during a break in the hearing that the wireless industry agrees with 90 percent of the EPIC’s petition, but disagrees with some of the ways in which the group hopes to solve the problem. “We think there are some elements of the EPIC petition that go way too far that actually take us backwards. This is just a difference of opinion. We are trying to accomplish the same goal we are just going about it differently,” said Largent.
For its part, EPIC urged Congress to begin considering “whether the best possible solution in the long run would be to limit the collection of this information,” said Marc Rotenberg, executive director of EPIC.
Policy makers at all levels have been jumping on the bandwagon of protecting cell-phone privacy after the CBS Evening News broadcast a Jan. 12 report critical of the wireless industry and the apparent theft and sale of customer-call records.
Legislation on the issue has been introduced separately in the Senate by Sens. Charles Schumer (D.-N.Y.) and Richard Durbin (D-Ill.). There are at least two bills in the House, and Rep. Joe Barton (R-Texas), chairman of the House Commerce Committee, also plans to introduce a bill on the topic.
“These are very personal and private records of who we call, when we call and how long we spend on the telephone call. This is an invasion into our personal privacy and, if I have anything to do with it, it will not be allowed to continue for very much longer,” said Barton. “I plan to introduce this legislation very shortly and my goal is to quickly move it through the committee and to the House floor so we can provide meaningful protections to these sensitive records.”
The scandal has also trickled down to the state level. Several state bills have been introduced and several state attorneys general are investigating the scandal. Lisa Madigan, the attorney general for Illinois, urged Congress to consider dual enforcement by both the states and the federal government.
In addition to its rulemaking proceeding, which Martin hopes to consider at the FCC’s Feb. 10 meeting, the commission is also examining carriers’ privacy certifications. Each year carriers must certify that they are protecting Customer Proprietary Network Information, or CPNI. However, the certifications are not filed with the FCC; instead, each carrier must make it available upon request. The commission is requiring all carriers to submit their certifications by Monday.
The certifications became important after the House Commerce Committee asked the FCC for the certifications for the five largest wireless and wireline carriers. AT&T Inc.-formerly SBC Communications Inc.-and Alltel Corp. did not adequately respond to the request, the FCC said. The FCC proposed fining each company $100,000, and Martin warned that if other carriers do not file sufficient certifications a similar fate could await them.
Proposed fines become effective in 30 days unless a settlement is reached.
