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.
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