Senate Deal on Immunity for Phone Companies
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The deal would give telephone carriers immunity for their involvement in the N.S.A.âs domestic eavesdropping program.
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The Senate voted Tuesday to shield from lawsuits telecommunications companies that helped the government eavesdrop on their customers without court permission after the Sept. 11 terrorist attacks.
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Agreement to settle government charges that companies denied or limited phone service to hundreds of thousands of customers they considered credit risks without notifying the consumers of their rights.
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White House initially wanted immunity for phone companies over possible cooperation with NSA, but new bill also would shield e-mail, IM providers.
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Some cell phone companies charge  their users $100 to $200 to end a contract no matter what the  reason and disguise their own charges as taxes on bills,  witnesses told a congressional panel on Wednesday.
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(InfoWorld) - U.S. lawmakers promised to push ahead legislation aimed at cracking down on pretexting despite some objections from telecom carriers and the U.S. Department of Justice. Nearly all the members of the House of Representatives Energy and Commerce Committee pledged to push the Prevention of Fraudulent Access to Phone Records Act, which would give the U.S. Federal Trade Commission (FTC) authority to file lawsuits against pretexters and the people who hire them. The bill would also require the Federal Communications Commission (FCC) to draw up new rules for telecom carriers to protect private phone records, and it would prevent carriers from sharing customer information with third parties without permission. Despite some concerns about the bill, lawmakers said consumers need protection against pretexting, the practice of posing as a telecom customer to obtain phone records and other private information. "Someone with bad intentions and a few bucks can get a hold of almost anybody's cell phone records," said Representative Fred Upton, a Michigan Republican. President George Bush signed a bill creating criminal penalties for pretexting in January. But proponents of the Prevention of Fraudulent Access to Phone Records Act say the extra protections in the bill are also needed. The Energy and Commerce Committee approved the same bill during the last session of Congress, but the legislation apparently was held up on the House floor because of concerns from federal law enforcement agencies that the bill could slow efforts to get information on terrorism suspects. Lawmakers from both parties complained that they received little explanation about why the bill died last year. Thomas Navin, chief of the FCC's Wireline Bureau, said the Department of Justice was concerned that the FCC would set up rules that consumers are notified too soon after their phone records were accessed by someone else. The DOJ wanted a delay of seven days before consumers were notified, he said. But Representative Ed Markey, a Massachusetts Democrat, said consumers should be notified immediately. "I don't think the Department of Justice should be listened to on that issue," he said. "I think [victims] should be listened to on that issue." Markey pointed to news reports this week saying the FBI may have violated the law and its internal rules while collecting telephone, data, and other personal records through the Patriot Act. "There is still a lack of respect for the law of our country," he said. Beyond the law enforcement concerns, representatives of trade groups the United States Telecom Association and CTIA-The Wireless Association said the bill could prevent them from sharing customer information with third parties that market complementary products. CTIA members don't share customers' personal information with unrelated groups, but the carriers do use third-party vendors to market wireless-related products, said Steve Largent, CTIA's president and CEO. But Representative Joe Barton, a Texas Republican, questioned industry concerns about language in the bill that could require carriers to get opt-in permission from customers to share their personal data. "It seems if we want to protect privacy, we should change this from opt out to opt in," he said.
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A U.S. Senate committee approved a bipartisan bill to tighten rules on government eavesdropping on terrorism suspects, but a Democratic presidential candidate said on Thursday he would try to block it.
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The Senate on Tuesday approved new rules for government eavesdropping on phone calls and e-mails, giving the White House much of the latitude it wanted and granting legal immunity to telecommunications companies
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Senate Judiciary Committee members yesterday angrily accused the White House of allowing the Senate Intelligence Committee to review documents on its warrantless surveillance program in return for agreeing that telecommunications companies should get immunity from lawsuits.
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The Senate handed the White House a major victory by voting to give legal protection to phone companies that aided government wiretapping.
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Security in America's courtrooms  would be bolstered in response to attacks on judges in recent  years under a measure approved on Wednesday by the U.S. Senate.
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A new bill in Congress would give cell phone subscribers greater freedom to leave their contracts.
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(InfoWorld) - Two U.S. representatives have introduced a law that would give the U.S. Federal Trade Commission the authority to investigate and prosecute imposters who gain access to other people's private telephone records. The bill, introduced Wednesday by Representatives Jay Inslee, a Washington Democrat, and Marsha Blackburn, a Tennessee Republican, comes in addition to a bill signed into law by President George Bush in January criminalizing the phone records scheme known as pretexting. The new pretexting bill is important because the FTC has more expertise and interest in prosecuting identity theft cases than many local prosecutors, a spokeswoman for Inslee said. Ken Springer, the founder and president of Corporate Resolutions, a private investigations firm, applauded the pretexting legislation. State prosecutors have been targeting similar tactics to get personal bank records for about 10 years, and reputable private investigations firms haven't used pretexting for many years, he said. "You've got to play by the rules," said Springer, a former special agent with the Federal Bureau of Investigation. "It's not a grey area. You can't use it." Although corporate customers may demand that private investigators use all means necessary, Springer tells clients they should consider that the details of their investigations could wind up in the media. "The risk-reward [balance] is something they should consider," he said. After a pretexting scandal at Hewlett-Packard in late 2006, "corporate America got the message," he said. Still, the new pretexting bill can give customers faith that their records are protected, he said. Inslee and Blackburn introduced a similar bill in January 2006, but it didn't come up for a vote on the floor of the House of Representatives. Their Consumer Telephone Records Protection Act would make it illegal for anyone to knowingly obtain confidential phone records by making false or fraudulent statements to a telephone company or to knowingly sell or receive confidential phone records knowing such information was obtained fraudulently. The bill would also require telephone companies to notify customers when their phone records fall into the wrong hands. In January, Bush signed a law making pretexting illegal, punishable with up to 10 years in prison and fines. Fines and prison sentences would increase if the violations involve more than 50 telephone customers. Congress began investigating pretexting in early 2006 after media reports and a complaint from privacy advocacy group the Electronic Privacy Information Center showed that several companies were selling private phone records online for less than $100. Then in September, HP revealed that investigators it hired had used pretexting to try to discover the source of board leaks.Â California prosecutors charged former HP board Chairwoman Patricia Dunn, former HP legal counsel Kevin Hunsaker, and three investigators with feloniesÂ late last year.
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Two senators on Wednesday threatened  to introduce bipartisan legislation that would block the  Federal Communication Commission from easing rules governing  media ownership.
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Civil liberties and media reform group Free Press called on the U.S. Congress to reject bills that would give retroactive legal immunity to telecommunication carriers that helped the government monitor phone calls and e-mail after Vice President Dick Cheney pushed for the legislation.Cheney and the White House this week pushed Congress to extend the surveillance authorization bill, the Protect America Act, which expires on Feb. 1. Cheney, speaking Wednesday at conservative think tank the Heritage Foundation, also called on Congress to grant legal immunity to telecom carriers that participated in a U.S. National Security Agency program that allowed the NSA to intercept communications of some U.S. residents without court authorization.It&#39;s &quot;entirely appropriate&quot; for U.S. intelligence agencies to seek help from private-sector companies, because agencies don&#39;t have the facilities to conduct all the surveillance needed to keep the United States safe, Cheney said in the speech, made available on YouTube.&quot;Some [telecom] providers are facing dozens of lawsuits right now,&quot; Cheney said. &quot;Why? Because they are believed to have aided the U.S. government in the effort to intercept international communications of al Qaeda-related individuals.&quot;Even if the lawsuits are dismissed, defending them will place an &quot;enormous burden&quot; on telecom providers, and the lawsuits could stop other companies from cooperating with U.S. authorities in the future, Cheney added. &quot;Liability protection, retroactive to [the Sept. 11 attacks] is the right thing to do, it&#39;s the right thing to help us prevent another 9/11 down the road,&quot; he said.AT&amp;T and other telecom carriers are being sued in U.S. court in San Francisco by civil liberties groups and individuals who allege that the surveillance program is illegal.Free Press countered Cheney&#39;s remarks by saying telecom carriers should be held accountable for illegal spying.&quot;Phone companies are supposed to deliver our messages, not spy on them,&quot; Josh Silver, executive director of Free Press, said in a statement. &quot;But at every turn, these telco giants trample on basic constitutional principles of privacy and free speech. When you break the law, you should face the consequences.&quot;The lawsuits will show U.S. residents that phone company spying &quot;will not be tolerated,&quot; he added.The American Civil Liberties Union has called the Protect America Act, the &quot;Police America Act.&quot; The legislation &quot;allows for massive, untargeted collection of international communications without court order or meaningful oversight by either Congress or the courts,&quot; the ACLU says on its Web site. &quot;It contains virtually no protections for the U.S. end of the phone call or e-mail, leaving decisions about the collection, mining, and use of Americans&#39; private communications up to this administration.&quot;Sen. Christopher Dodd, a Connecticut Democrat, said Wednesday he&#39;ll block the legislation with a filibuster if it comes to the Senate floor with telecom immunity provisions attached.&quot;Few things are more detrimental to this country than the erosion of and attack on the civil liberties we enjoy,&quot; Dodd said in a statement. &quot;More and more, Americans are rejecting the false choice that has come to define this administration: security or liberty, but never, ever both.&quot;
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Lawmakers are talking about rewriting the eight-year-old landmark law governing the nation's telephone, cable and media businesses.
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Legislators, regulators and the phone industry are all considering ways to clamp down on unauthorized releases of phone records like those in the Hewlett-Packard case.