WASHINGTON-The Electronic Privacy Information Center upped the ante against the wireless industry, saying that if mobile-phone carriers can’t protect customer call records, the carriers shouldn’t collect the information.
“We were disappointed that CTIA opposed our petition at the Federal Communications Commission,” said Marc Rotenberg, EPIC executive director. “If wireless carriers can’t protect the information, they shouldn’t collect the information. Consumers are being put at risk.”
Rotenberg appeared at the Senate Commerce consumer affairs subcommittee hearing on the sale of cell-phone records-a scandal that blew wide open last month after the CBS Evening News ran a story Jan. 12 on 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. Rep. Joe Barton (R-Texas), chairman of the House Commerce Committee, and Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, also plan to introduce a bill on the topic.
The wireless industry believes it is better to have many different ways to protect privacy, while EPIC wants one proscribed way, CTIA President Steve Largent told RCR Wireless News after the Senate hearing Wednesday afternoon.
The FCC soon could vote whether to propose rules asked for by EPIC. FCC Chairman Kevin Martin told the House Commerce Committee last week that the agency would act by the end of this week on the EPIC petition.
Sen. George Allen (R-Va.), chairman of the Senate Commerce consumer-affairs subcommittee, said any legislation passed by the Senate would remove the requirement for warning letters and citations. “When you go after somebody, you don’t give warning,” said Allen. The Federal Trade Commission sent warning letters to 20 data brokers.
The scandal is also hot at the state level. Several state bills have been introduced and several state attorneys general are investigating the issue.
In addition to its rulemaking proceeding, the FCC is examining carriers’ privacy certifications. Each year carriers must certify that they are protecting customer information. However, the certifications are not filed with the FCC; instead, each carrier must make it available upon request. The commission required each carrier to submit their certifications 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 30 days after the deadline unless a settlement is reached.
