EDWARDS WOULD MANDATE FCC WIRELESS LOCATION PRIVACY PROCEEDING
Wireless location privacy bill by Sen. Edwards (D-N.C.) would require FCC to start and complete rulemaking proceeding to give consumers power over personal location information gleaned by wireless service providers. CTIA said it was supportive of provision in bill that would require consumer consent before service providers collected or disseminated such information. Spokesman said that if wireless phone users received calls that they didn’t want, they simply would turn off their phones: “It’s hard to make money if no one has their phones on.”
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However, CTIA wasn’t enthusiastic about bill’s requirement that FCC finish rulemaking within 180 days after its enactment. Assn. isn’t opposed to FCC action, but agency already has “sufficient authority to go forward with a rulemaking” without congressional mandate, spokesman said.
Edwards acknowledged potential consumer and industry benefits of location technology used in phones, pagers, palm pilots and global positioning systems (GPS). However, it also raised serious privacy concerns, he said: “If you have a cellphone in your pocket or Onstar in your car, somebody knows where you are at all times. This bill is designed to make sure that no one misuses your personal information. We need to get ahead of the curve on what will soon be a real problem.” Bill wouldn’t apply to public safety or rescue services that used location information in course of their duties, he said.
Legislation also has disclosure provision that would require companies that gather location information to make such data available to individual customers. Those businesses also would be required to allow customers to correct information errors. Bill would mandate that such companies safeguard data against unauthorized access. “People should have control over their own private information, and it needs to be meaningful control,” Edwards said.
Wayne Madsen, senior fellow, Electronic Privacy Information Center (EPIC), said bill was “a welcome step” but said EPIC remained wary of industry’s “insatiable appetite for data.” Notification provision is very important aspect of bill, since many companies that use location information don’t always reveal their use of related technologies, he said, citing case of Conn. rental car agency that “fined” customer for speeding based on data collected via GPS technology. Customer was unaware that company used location tracking and received charge on credit card bill for alleged infraction.