FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,744
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In 2007, the Commission updated its rules implementing these statutory obligations to
address the practice of "pretexting"4 and to reaffirm that carriers are responsible for taking all
reasonable steps to protect their customers' private information At the same time, the
Commission adopted a Further Notice of Proposed Rulemaking to address another emerging
privacy issue: the obligations of mobile carriers to secure the privacy of customer information
stored in mobile communications devices." Although the Commission's particular focus in 2007
was on carriers' duty to erase customer information on mobile equipment prior to refurbishing
the equipment, the issue of customer information on mobile devices has recently gained greater
prominence. In particular, carriers recently have acknowledged using software embedded or
preinstalled on wireless devices to collect information about the performance of the device and
the provider's network.7
Comparing the record collected by the Commission five years ago to the publicly
available facts today highlights the need to refresh our record. In response to the 2007 Further
Notice, AT&T Inc., for example, emphasized consumers' control of the information residing on
their devices, stating:
[D]ecisions about what personal data to store, or not to store, on a mobile device
rest with the consumer. Carriers do not typically have access to such information
and play no role in determining what information a consumer chooses to store on
mobile devices or how that information is used. Indeed, in some respects, mobile
communications devices are becoming more like computers, laptops, personal
digital assistants and other devices that permit customers to store their
information. In the same vein that consumers erase information stored on those
devices, (or shred paper copies of bills or other documents that contain personal
information), consumers are necessarily in the best position to know what data
they have stored on their mobile devices and to take responsibility for
4 2007 CPNI Order, 22 FCC Red at 6928 1. "Pretexting" is "the practice of pretending to be a
particular customer or other authorized person in order to obtain access to that customer's call detail or
other private communications records." Id. at 6928 1 n. 1.
5 See id. at 6959-60 63-66; see also 47 C.F.R. 64.2010(a) (requiring telecommunications carriers to
"take reasonable measures to discover and protect against attempts to gain unauthorized access to
6 See 2007 CPNI Order, 22 FCC Rcd at 6962 72.
7See Letter from Timothy P. McKone, Executive Vice President, Federal Relations, AT&T Services,
Inc., to The Honorable Al Franken, United States Senate (Dec. 14, 2011), available at
http:/apps.fcc.goi/ecfs/documcnt/view?id=702 1920018 (AT&T letter to Sen. Franken); Letter from
Vonya B. McCann, Senior Vice President, Government Affairs, Sprint Nextel, to The Honorable Al
Franken, United States Senate (Dec. 14, 2011), available at
http:i/apps.fcc.gov/ecfs/document/view?id=7021920019 (Sprint Letter to Sen. Franken); Letter from
Thomas J. Sugrue, Senior Vice President, Regulatory and Legal Affairs, T-Mobile USA, Inc., to The
Honorable Al Franken, United States Senate (Dec. 20, 2011), available at
http://apps.fcc.ov/ecfs/document/view?id=7021920020 (T-Mobile Letter to Sen. Franken). See
generally Sen. Franken Statement on Responses from Carrier IQ, Wireless Carriers, and Handset
Manufacturers (Dec. 15, 2011), available at ihttp://www.frankcn.scnate.gov/?--)press rcleasc&id 1891
(last visited May 24, 2012).
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/87/: accessed December 15, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.