To use the access keys for this Web site, note the following information: h = Link to the home page of the Web site, s = Search our Web site, x = Skip the navigation links and go directly to the content of the page.
Committee on Energy and Commerce, Democrats Home Page
Who We Are Schedule What's New

Witness Testimony

The Honorable Barbara Boxer
U.S. Senator

112 Hart Senate Office Building
Washington, DC, 20510

An Examination of Wireless Directory Assistance Policies and Programs
Subcommittee on Telecommunications and the Internet
September 29, 2004
10:00 AM


Mr. Chairman, thank you for the opportunity to testify here today on the Wireless 411 Privacy bill.

As you know, Congressman Pitts has taken the lead on the issue with Congressman Markey in the House.

In the Senate, I have had the honor of working with Senator Specter and a bipartisan group of Senators on companion legislation.

I am happy to report that the Senate Commerce Committee voted to approve the Wireless 411 Privacy bill last week. I also want to thank Consumers Union and the AARP for their work in favor of the legislation.

Mr. Chairman, the Wireless 411 privacy bill is very straightforward.

We say that if there is a wireless directory, then every cellphone user has to approve being listed in that directory and there should be no charge for exercising that right.

Mr. Chairman, a cell phone is far different from home phone. It is far more intrusive because people take a cell phone with them wherever they go. We give our children cell phones in case of emergency. We give our colleagues at work our cell phone numbers to reach us wherever we are, whenever they need us. And, we pay whenever we use it B even for incoming calls.

A communication tool as personal and portable as a cell phone must meet a high standard of respect for privacy rights. The Wireless 411 Privacy bill is our effort to establish that standard.

In the Senate Commerce Committee hearing we held last week, we learned that the cell phone companies have hired a firm to create a wireless directory. It will be ready to go within months. As a result, we have to act now.

We believe our bill is necessary for a number of reasons. One of the most important reasons is for the protection of our children.

I am very concerned by the prospect of any child=s number being listed.

Imagine your 13 year old daughter=s phone number in a directory. Any stranger, any stalker could call her.

For those kids whose parents give them cellphones for emergencies, imagine someone calling them and telling them that their parents want them to go to the nearest corner and wait for them.

I want to make sure that parents can control which numbers are listed in any directory. And, if they choose not to have their children=s numbers listed, they should not be charged for that choice.

We have worked hard to draft legislation with which the industry can comply and that will protect consumers.

The AARP and Consumers Union support this legislation. And, every survey that has been conducted says that people want their privacy protected in a cell phone directory.

I know that cell phone companies will tell you this bill is a solution in search of a problem. But nothing could be further from the truth. An unregulated directory of wireless phone numbers is a problem and, if we do not act, then an unregulated cell phone directory is what we will get. It is much safer and easier to establish the protections in law now than having to fix the chaos once Pandora's box has been opened.

The industry also says it has changed its contracts to allow for consumer privacy. But we know that they could just as easily switch right back.

In addition, many of these old contracts cannot be easily abrogated. For example, here is one contract (hold up AT&T contract). For millions of consumers this contract and others like it still apply.

When companies say that if you don't like the directory, just move to another company with a better privacy policy, what they are not telling you is that it will cost you a hundred dollars or more to break your contract.

We can act to protect consumers from an unregulated directory. They want that protection and we should make sure they have it.

Mr. Chairman, thank you again for allowing me to testify. Let=s protect our constituents. Let=s stand up for privacy.