II 110th CONGRESS 1st Session S. 2454 IN THE SENATE OF THE UNITED STATES December 12, 2007 Mrs. Boxer (for herself, Mr. Specter, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to protect the privacy rights of subscribers to wireless communications services.

1.

Short title

This Act may be cited as the Wireless 411 Privacy Act.

2.

Findings

Congress finds that— (1)there are roughly 250,000,000 wireless subscribers in the United States, up from approximately 15,000,000 subscribers just a decade ago; (2)wireless phone service has proven valuable to millions of Americans because of its mobility, and the fact that government policies have expanded opportunities for new carriers to enter the market, offering more choices and ever lower prices for consumers; (3)in addition to the benefits of competition and mobility, subscribers also benefit from the fact that wireless phone numbers have not been publicly available; (4)up until now, the privacy of wireless subscribers has been safeguarded and thus vastly diminished the likelihood of subscribers receiving unwanted or annoying phone call interruptions on their wireless phones; (5)moreover, because their wireless contact information, such as their phone number, have never been publicly available in any published directory or from any directory assistance service, subscribers have come to expect that if their phone rings it’s likely to be a call from someone to whom they have personally given their number; (6)the wireless industry is poised to begin implementing a directory assistance service so that callers can reach wireless subscribers, including subscribers who have not given such callers their wireless phone number; (7)while some wireless subscribers may find such directory assistance service useful, current subscribers deserve the right to choose whether they want to participate in such a directory; (8)because wireless users are typically charged for incoming calls, consumers must be afforded the ability to maintain the maximum amount of control over how many calls they may expect to receive and, in particular, control over the disclosure of their wireless phone number; (9)current wireless subscribers who elect to participate, or new wireless subscribers who decline to be listed, in any new wireless directory assistance service directory, including those subscribers who also elect not to receive forwarded calls from any wireless directory assistance service, should not be charged for exercising such rights; (10)the marketplace has not yet adequately explained an effective plan to protect consumer privacy rights; (11)Congress previously acted to protect the wireless location information of subscribers by enacting prohibitions on the disclosure of such sensitive information without the express prior authorization of the subscriber; and (12)the public interest would be served by similarly enacting effective and industry-wide privacy protections for consumers with respect to wireless directory assistance service.

3.

Consumer control of Wireless phone numbers

Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by adding at the end the following: (9)

Wireless consumer privacy protection

(A)

In general

A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not include the wireless telephone number information of any subscriber in any wireless directory assistance service database unless— (i)the mobile service provider provides a conspicuous, separate notice to the subscriber informing the subscriber of the right not to be listed in any wireless directory assistance service; and (ii)the mobile service provider obtains express prior authorization for listing from such subscriber, separate from any authorization obtained to provide such subscriber with commercial mobile service, or any calling plan or service associated with such commercial mobile service, and such authorization has not been subsequently withdrawn. (B)

Cost-free de-listing

A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, shall remove the wireless telephone number information of any subscriber from any wireless directory assistance service database upon request by that subscriber and without any cost to the subscriber. (C)

Wireless accessibility

A provider of commercial mobile services, or any direct or indirect affiliate or agent of such provider, may connect a calling party from a wireless directory assistance service to a commercial mobile service subscriber only if— (i)such subscriber is provided prior notice of the calling party’s identity and is permitted to accept or reject the incoming call on a per-call basis; (ii)such subscriber’s wireless telephone number information is not disclosed to the calling party; and (iii)such subscriber has not declined or refused to participate in such database. (D)

Protection of Wireless phone numbers

A telecommunications carrier shall not disclose in its billing information provided to customers wireless telephone number information of subscribers who have indicated a preference to their commercial mobile services provider for not having their wireless telephone number information disclosed. Notwithstanding the preceding sentence, a telecommunications carrier may disclose a portion of the wireless telephone number in its billing information if the actual number cannot be readily ascertained. (E)

Publication of directories prohibited

A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not publish, in printed, electronic, or other form, or sell or otherwise disseminate, the contents of any wireless directory assistance service database, or any portion or segment thereof unless— (i)the mobile service provider provides a conspicuous, separate notice to the subscriber informing the subscriber of the right not to be listed; and (ii)the mobile service provider obtains express prior authorization for listing from such subscriber, separate from any authorization obtained to provide such subscriber with commercial mobile service, or any calling plan or service associated with such commercial mobile service, and such authorization has not been subsequently withdrawn. (F)

No consumer fee for retaining privacy

A provider of commercial mobile services may not charge any subscriber for exercising any of the rights under this paragraph. (G)

State and local laws pre-empted

To the extent that any State or local government imposes requirements on providers of commercial mobile services, or any direct or indirect affiliate or agent of such providers, that are inconsistent with the requirements of this paragraph, this paragraph preempts such State or local requirements. (H)

Definitions

In this paragraph: (i)

Calling party’s identity

The term calling party’s identity means the telephone number of the calling party or the name of subscriber to such telephone, or an oral or text message which provides sufficient information to enable a commercial mobile services subscriber to determine who is calling. (ii)

Unlisted commercial mobile services subscriber

The term unlisted commercial mobile services subscriber means a subscriber to commercial mobile services who has not provided express prior consent to a commercial mobile service provider to be included in a wireless directory assistance service database. (iii)

Wireless telephone number information

The term wireless telephone number information means the telephone number, electronic address, and any other identifying information by which a calling party may reach a subscriber to commercial mobile services, and which is assigned by a commercial mobile service provider to such subscriber, and includes such subscriber’s name and address. (iv)

Wireless directory assistance service

The term wireless directory assistance service means any service for connecting calling parties to a subscriber of commercial mobile service when such calling parties themselves do not possess such subscriber’s wireless telephone number information. .

4.

Prohibition on sale of cell phone numbers to third parties

Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended— (1)by redesignating subsection (h) as subsection (i); and (2)by inserting after subsection (g) the following new subsection: (h)

Prohibitions with respect to dissemination or collection of cell phone numbers

(1)

Prohibition on sale to third parties

Notwithstanding the exception provided under subsection (e), no person, including any provider of commercial mobile services, wireless directory assistance service, or any direct or indirect affiliate or agent of such a provider, shall sell, offer for sale, or otherwise disseminate, the wireless telephone information of any individual unless the individual provides, in writing, to such person express prior authorization for the sale, offer for sale, or dissemination of such information. (2)

Prohibition on publication of directories

No person may publish, market for sale, or otherwise disseminate, any directory, index, or other list of the wireless telephone information of individuals unless each individual whose information appears in such directory, index, or list provides, in writing, to such person express prior authorization for the publication, marketing, or dissemination of such information. (3)

State and local laws pre-empted

This subsection supersedes any provision of a statute, regulation, or rule, and any other requirement, prohibition, or remedy under State law, or the law of any political subdivision of a State, to the extent that such provision, regulation, rule, requirement, prohibition, or remedy is inconsistent with this subsection. (4)

Definitions

In this subsection: (A)

Wireless telephone number information

The term wireless telephone number information means the telephone number, electronic address, and any other identifying information by which a calling party may reach a commercial mobile services customer, and which is assigned by a commercial mobile service provider to such customer, and includes the name and address of such customer. (B)

Wireless directory assistance service

The term wireless directory assistance service means any service for connecting calling parties to a commercial mobile service customer when such calling parties themselves do not possess the wireless telephone number information of such customer. .