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Action Index

Protect Cell Phone Privacy - Support AB 3011

Launched: April 18, 2008

This Action Expired: April 28, 2008

Description:

Can You Hear Me Now?

If you’ve ever had to wait in line at your local wireless store, you know how cell phone use has exploded over the past few years, and wouldn’t be surprised to hear it’s quickly outpaced the use of traditional, residential landlines. Privacy laws, however, haven’t kept pace. Here in California, the law says telecoms can’t disclose phone records without the subscriber’s written consent, but this law only applies to residential and not cell phone subscribers.

We want to change that, and predictably, the telecoms don’t.

The Consumer Federation of California is sponsoring a new bill, AB 3011 (Huffman) which simply amends Public Utilities Code §2891 (put in place in 1986, before the cell phone era) by deleting the word “residential.” In so doing, AB 3011 would clearly establish that the calling records and privacy of cell phone customers have the same protections as residential landline customers.

According to our friends in Sacramento, the telecoms are already meeting with assembly members and will hit this bill hard. The telecoms claim federal law is enough protection for Californians, or that amending an antiquated law is a waste of time and resources. But we know Verizon and AT&T fear accountability for participating in the NSA illegal wiretapping program, particularly if Congress doesn’t agree to retroactive immunity as part of the FISA reforms.

The ACLU-SC has a special stake in this debate. We, along with our other California affiliates filed a lawsuit last year on behalf of 17 individual plaintiffs and more than 100,000 ACLU members statewide against AT&T and Verizon to stop them from participating in the NSA's program. While we believe that cell phone records also were divulged, the lawsuit only includes residential landline customers as plaintiffs because it’s not clear that existing law covers cell phone customers.

We must do something now to save our rights and protections.

Contact your Assembly member in the Utilities and Commerce committee on your cell phone before their hearing and vote on AB 3011 scheduled for April 28. They are:

Mike Davis (AD 48) - (213)-744-2111
Mervyn Dymally (AD 52) – (310)-223-1201
Felipe Fuentes (AD 39) – (818)-504-3911
Warren Furutani (AD 55) - (562)-989-2919
Paul Krekorian (AD 18) - (818)-240-6330

These members will need to stand up to AT&T and Verizon on your behalf. Please urge them to do the right thing. Call and take action below today.

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