Majoras Says Getting Cellphone Records by Lying Already Against the Law
FTC Chmn. Deborah Majoras said it was illegal to obtain cellphone records from telecom firms under false pretenses, known as pretexting, in a press conference Thurs. Meanwhile, the FCC is poised to vote on a cellphone record rulemaking at its Feb. meeting and more legislation is emerging on Capitol Hill.
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Marjoras was unveiling a $15 million settlement with data broker ChoicePoint over negligence in safeguarding consumer records from “fraudsters” when asked whether the FTC would get more involved in the FCC-led investigation into cellphone-record privacy and security as well. Majoras said the agency is working with the FCC “to close those avenues” of deceptive access to cellphone records, and is discussing with Congress whether additional legislation is needed beyond the deceptive-acquisition provisions in the Gramm-Leach-Bliley Act. She also said a witness from FTC will testify at a Senate Commerce Committee hearing on cellphone record privacy Feb. 1.
At the FCC, Chmn. Martin has begun to circulate a further notice of proposed rulemaking, which will likely lead to a vote at the Commission’s Feb. meeting, on cellphone privacy issues raised in a petition last summer by the Electronic Privacy Information Center. The FCC previously asked for comments on the EPIC petition for rulemaking. EPIC asked the FCC to put in place enhanced security and authentication standards requiring wireless carriers to better protect customer information. Wireless carriers oppose increased security rules for how they safeguard customer records. In comments on the EPIC filing, carriers said any new mandates drive up costs for carriers, which would have to be passed along to subscribers.
Rep. Blackburn (R-Tenn.) is seeking industry input on draft cellphone legislation that would protect the privacy of consumer telephone records, a staff aide said Thurs. Blackburn’s bill, which she co-sponsored with Rep. Inslee (D-Wash.), would order the FCC to issue a rule requiring carriers to notify and report violations of consumer privacy. The reason for the reporting agreement is 2- fold: (1) It directly involves the FCC in addressing the problem, which is clearly within the jurisdiction of the House Commerce Committee. (2) The FCC has already stated that it doesn’t know how many or how often violations occur. “We're still moving forward with our bill,” the Blackburn aide said. House Commerce Committee Chmn. Barton (R-Tex.) also plans legislation.