Phone company cuts off FBI wiretap for unpaid bill
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A telephone company cut off an FBI international wiretap after the agency failed to pay its bill on time, according to a U.S. government audit released on Thursday.
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A broadband provider prevented customers from using its service, company says.
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The Senate defeated an amendment that would have stripped immunity from companies that aided government wiretapping.
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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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SETBACK FOR PRIVACY ADVOCATES: The Supreme Court, without comment, turned down an appeal from the American Civil Liberties Union to let it pursue a lawsuit against the Bush administration's warrantless wiretapping program.
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The man who provided key documents for an anti-spying suit against the telecom giant breaks his silence, claiming the Los Angeles Times killed his story at the feds' request. In 27B Stroke 6.
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The FBI system used to conduct instant background checks on would-be gun buyers suffered several software-related outages on Sunday and Monday but has since been repaired.
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'Legislative equivalent of breaking and entering' The obsessive secrecy provided by the Patriot Act for certain domestic surveillance activities suffered a severe blow yesterday, as a federal judge struck down provisions of the Act that provided for expansive and secretive use of so-called "National Security Letters" (NSL) to obtain phone and email records.â¦
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A provision of the controversial Patriot Act which allowed the FBI to clandestinely demand information from ISPs has been ruled unconstitutional.
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The cherished dinner hour void of telemarketers could vanish next year for millions of people when phone numbers begin dropping off the national Do Not Call list
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A U.S. court in Wyoming has ordered a Web-based information broker to stop selling telephone records without owners&#39; consent and to turn over nearly $200,000 in profits from the operation, the U.S. Federal Trade Commission announced Monday.AccuSearch, doing business as Abika.com, and owner Jay Patel used &quot;false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentations&quot; to induce telecom carriers to disclose the confidential records, the FTC said in a news release.Judge William Downes of the U.S. District Court for the District of Wyoming ordered the company to stop selling telephone records in a Dec. 20 decision announced Monday. The judge also ordered the company, based in Cheyenne, Wyoming, to turn over information so that the FTC can notify the people whose telephone records were sold.Abika.com advertised that it could obtain the confidential phone records of any individual -- including details about outgoing and incoming calls -- and make that information available to customers for a fee, the FTC said in a May 2006 complaint. The FTC charged that the company&#39;s methods of obtaining phone records, including posing as a customer of a telecom carrier, violated the FTC Act, which bars unfair business practices.A representative of Abika.com didn&#39;t immediately respond to a request for comment. The company continues to sell such information&#160;as criminal, tax, mortgage, and driving records through its Web site.The defendants have appealed the order to the U.S. Tenth Circuit Court of Appeals.Downes found that the company&#39;s ways of obtaining phone records without consumers&#39; consent was &quot;necessarily accomplished through illegal means,&quot; and that defendants knew that the phone records were being obtained surreptitiously.The company&#39;s actions caused major problems to consumers, including serious health and safety risks experienced by some consumers from stalkers and abusers; economic harm associated with changing telephone carriers and upgrading security on their accounts; and a host of &quot;substantial and real&quot; emotional harms, the judge said.Consumers had no way to avoid these harms, he wrote. &quot;In fact, the evidence presented before the court indicates that confidential consumer phone records were sold through Abika.com despite considerable efforts by consumers to maintain the privacy of those records,&quot; the judge wrote.Finally, the court found no countervailing benefits to consumers or competition that could be derived from the defendants&#39; practice.Downes also rejected the defendants&#39; claimed immunity under the Communications Decency Act, a federal statute that confers immunity on interactive computer service providers for publishing information content provided by a third party. The judge found that the argument failed partly because the defendants participated in creating the content they sought to have immune from prosecution, the FTC said.
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FBI agents routinely avoid court order requirements to get information on cellphone subscribers, in possible violation of federal privacy laws, according to newly released FBI documents.
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A Virginia-based company has agreed to settle charges that it illegally sold confidential phone records, but federal law only allowed the government to collect $2,700, U.S. regulators said on Thursday.
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(InfoWorld) - When the U.S. Congress adjourned in the early morning hours Saturday, it left a number of technology-related bills unfinished, including two bills addressingÂ fraudulent access to personal telephone records. Despite pressure from members of the House of Representatives Energy and Commerce Committee, the full House failed to act on the Prevention of Fraudulent Access to Phone Records Act. The law would have allowed the U.S. Federal Trade Commission to seek civil penalties against businesses that obtain personal data under false pretenses. The committee has been looking into privacy concerns related to so-called pretexting since early this year, but the issue came to a head last month, whenÂ Hewlett-Packard revealedÂ it had used questionable investigative techniques in the surveillance of board members, employees, and reporters. With pretexting, private investigators or identity thieves pretend to be customers of mobile phone carriers or other companies in order to gain access to personal records such as call logs. Congress still has more time to act on the pretexting legislation or six related bills this year, however. After a month-plus break allowing lawmakers to focus on the Nov. 7 election, Congress will return for a lame-duck session Nov. 9. Democrats last week complained that the House Republican leadership had held up the pretexting legislation, but Representative Joe Barton, a Texas Republican and Energy and Commerce chairman, said he'd continue to push for the legislation. Congress alsoÂ failed to pass a wide-ranging broadband billÂ that would replace local franchise rules with a national system for telecom providers launching Internet Protocol-based television services in competition with cable TV. And although U.S. President George Bush called on Congress to pass legislation authorizing a controversial National Security Agency (NSA)Â surveillance program, two bills making it easier for the government to conduct surveillance without court-ordered warrants also stalled. One piece of Internet-related legislation did pass early Saturday. The Senate passed a bill providing money for seaport security, and added to the bill was a provision prohibiting U.S. banks and credit-card companies from processing payments to online gambling sites. A group of professional poker players had asked Congress to reject the bill, but a group of House Republicans pushed for the legislation, saying offshore gambling sites were breaking U.S. gambling-control laws. Bush had called for legislation to authorize the NSA program, which has listened in on the electronic communications of U.S. residents without court-ordered warrants, as a way to head off multiple lawsuits targeting the program. He has argued the program is necessary to help keep U.S. residents safe from terrorism. The HouseÂ passed one surveillance bill, but the Senate failed to act. The House bill would allow federal law enforcement officials to spy on U.S. residents for up to 90 days without a court order in the period after a terrorist attack. The Center for Democracy and Technology (CDT), a civil liberties and privacy advocacy group, said it was happy to see the surveillance and broadband bills stall. Republicans supporting the surveillance bill were pushing it as a way to show they were focused on national security during the last weeks of the congressional campaign, said Nancy Libin, a staff counsel at CDT. "Now that they've gone home, I'm not sure what kind of priority it will be when they come back," she said. Several civil liberties groups had opposed the broadband bill as it lacked protections for so-called net neutrality. Net neutrality advocates want a law that would prohibit broadband providers from blocking or slowing service to Web sites offering competing content, and they have successfully halted the Senate version of the broadband bill, despiteÂ heavy lobbying from large broadband providers.
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A congressional inquiry into online data brokers has raised concerns that federal and local law enforcement may be skirting privacy laws to obtain calling records
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Some of the nation's largest banks were customers of a Florida firm shut down this year for pretexting, or lying, to get personal information such as phone records, the same practice that Hewlett-Packard Co. executives will testify to Congress about today.
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The Federal Communications Commission, citing concerns about national security, has abandoned a 10-year-old policy and will no longer give the public access to information about past telephone network outages. -The Washington Post