WASHINGTON-The Senate Commerce Committee last week narrowly passed legislation meant to protect the privacy of wireless consumers if the industry goes forward with a planned wireless 411 directory.
The Wireless 411 Privacy Act will require consumers to first give their permission before their information can be included in the directory. This new written permission must be separate from any contracts they may have previously signed.
Sen. Barbara Boxer (D-Calif.) said many carriers until recently had standard language in their contracts that allowed them to include customer information in a directory. Boxer gave an example with a specific quote from an AT&T Wireless Services Inc. contract. AWS changed its contracts in June to remove the directory language, she said. “That is all well and good but the old contract is still in effect.”
In a letter submitted to the Senate Commerce Committee, AWS disputed this.
“All AWS customers-regardless of the language in earlier contracts-will have the choice whether to be included in the Wireless 411 database. In addition, no customer will be charged to keep their phone number unlisted. We believe this approach best meets the desires of our customers,” said AWS. “The names and numbers included in the Wireless 411 database will not be printed in a directory or published online. The database will not be for sale to third parties. Wireless 411 service will only allow 411 callers to get a wireless subscribers’ phone number if that subscriber chooses to make it available and then only in response to a specific request for an individual. In addition, customers who have chosen to list their numbers can choose to remove their numbers from the database at any time. We plan to update customer preferences in the database on a daily basis.”
AWS is waiting for regulatory approval to be bought by Cingular Wireless L.L.C. In its response, Cingular said, “there has been a great deal of misinformation reported” on the wireless 411 directory.
Several free-market senators questioned why the legislation is necessary since the wireless 411 directory is not yet in place.
“I believe this is legislation looking for a problem,” said Sen. John Ensign (R-Nev.).
The Cellular Telecommunications & Internet Association, which is creating the directory for six of the seven largest carriers, testified against the legislation and was upset that it passed the Senate Commerce Committee.
“Fire, ready, aim is the approach the Senate Commerce Committee took on legislating Wireless 411 service. This is a service that has yet to be introduced. The wireless industry has a proven track record of innovation, lower prices and protecting customers’ privacy. It is unnecessary for the government to dictate best practices on a competitive industry with such a stellar record. This is a service that many of our consumers are demanding, especially those in the small business community who have cut the cord and are totally wireless,” said CTIA President Steve Largent.
Verizon Wireless testified that it will not participate in the directory.
“What is wrong with regulating so a problem doesn’t emerge? Can’t we be ahead of the game?” asked Sen. Fritz Hollings (D-S.C.), ranking member of the Senate Commerce Committee. The bill now goes to the Senate.
