Public Interest Groups: D.C. Circuit Should Uphold T-Mobile Data Fine

it later acquired. In the Telecom Act, “Congress entrusted [the FCC] with the responsibility of holding the nation’s largest telecommunications providers accountable when those carriers violate the privacy of their subscribers,” the groups said in an amicus brief. Congress intended that Section 222 "ensure that telecommunications providers would protect personal data collected from their customers, and intentionally included broad definitions and gave the Commission clear authority to interpret them as technologies evolved,” they added: “Decades later, it has become clear that one of the most sensitive categories of data that telecommunications providers collect about their customers is mobile location data.” The Electronic Privacy Information Center, the Center for Democracy & Technology, the Electronic Frontier Foundation, Privacy Rights Clearinghouse and Public Knowledge filed the brief. They urged the D.C. Circuit to "reject T-Mobile’s arguments and hold that the text and purpose of Section 222 clearly authorize the FCC orders under review.” If carriers prevail, “they will have successfully evaded virtually all means of legal accountability for violating their customers’ privacy, including data sold to bounty hunters.” Letting carriers avoid FCC authority “will mean that there is essentially no backstop to enforcing the privacy rights Congress guaranteed consumers under the Communications Act.”