Wireless Privacy and Spam: Issues for Congress

Publication Date: January 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

Type:

Abstract:

Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or "spam," via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy.

In particular, federal requirements under the Enhanced 911 (E911) initiative to ensure that mobile telephone users can obtain emergency services as easily as users of wireline telephones, are driving wireless telecommunications carriers to implement technologies that can locate a caller with significant precision. Wireless telecommunications carriers then will have the ability to track a user's location any time a wireless telephone, for example, is activated. Therefore some worry that information on an individual's daily habits -- such as eating, working, and shopping -- will become a commodity for sale to advertising companies. As consumers walk or drive past restaurants and other businesses, they may receive calls advertising sales or otherwise soliciting their patronage. While some may find this helpful, others may find it a nuisance, particularly if they incur usage charges.

As with the parallel debates over Internet privacy and spam, the wireless privacy discussion focuses on whether industry can be relied upon to self-regulate, or if legislation is needed. Three laws already address wireless privacy and spam concerns. The 1991 Telephone Consumer Protection Act (TCPA, P.L. 102-243) prohibits the use of autodialers or prerecorded voice messages to call wireless devices if the recipient would be charged for the call, unless the recipient has given prior consent. The 1999 Wireless Communications and Public Safety Act (the "911 Act," P.L. 106-81) expanded on privacy protections for Customer Proprietary Network Information (CPNI) held by telecommunications carriers by adding "location" to the definition of CPNI, and set forth circumstances under which that information could be used with or without the customer's express prior consent. The 2003 Controlling the Assault of Non-Solicited Pornography and Marketing Act (the CAN-SPAM Act, P.L. 108-187) required the Federal Communications Commission (FCC) to issue rules to protect wireless subscribers from unwanted mobile service commercial messages (they were issued in August 2004). Consumers also may list their cell phone numbers on the National Do Not Call Registry.

Congress continues to debate how to protect the privacy of wireless subscribers. Representative Frelinghuysen has introduced H.R. 83 in the 109th Congress, which requires wireless telecommunications carriers to adhere to the fair information practices of notice, choice, and security in obtaining the express prior consent required by the 911 Act. Congress also is debating issues associated with an ongoing effort to develop a "wireless 411" telephone directory. The major question is whether a law is needed to ensure that subscribers have the right to decline to have their cell phone numbers listed, at no charge. Representative Pitts has announced his intent to reintroduce legislation that he offered in the 108th Congress on that issue.

This report is updated as warranted.