IP: RE: Phone Companies Preparing to "Share" Personal Info

[David Farber <dave () farber net>]

> From: "Linda Stone" <lindas () microsoft com>
> To: <farber () cis upenn edu>, <brett () lariat org>
>
> Thank you for sending this email, Brett and David.
>
> Just want you to know what happened to me when I followed the steps below.
>
> First, I called the toll free number.  I was able to enter my phone 
> number.  After waiting less than a minute, I got a recording indicating 
> that I had been disconnected.  This happened with each of the three 
> attempts I made.  Next, I went to the website noted below.  I entered the 
> information.  When I clicked submit, I got an HTTP 502 proxy error/this 
> page cannot be displayed.
>
>
>
> -----Original Message-----
> From: David Farber [mailto:dave () farber net]
> Sent: Sunday, December 30, 2001 2:05 AM
> To: ip-sub-1 () majordomo pobox com
> Subject: IP: Phone Companies Preparing to "Share" Personal Info
>
>
>
> >Date: Sat, 29 Dec 2001 20:16:15 -0700
> >To: farber () cis upenn edu
> >From: Brett Glass <brett () lariat org>
> >
> >Customers of Qwest, the Bell monopoly covering 14 midwestern and western
> >states from Minnesota to Washington, recently enclosed a small,
> >easily-missed brochure with customer bills. This brochure, similar to the
> >ones sent out by banks in the summer of 2001, informs telephone customers
> >that unless they devote time and effort to opting out, their personal
> >information will be "shared with" other companies controlled by Qwest
> >(including unregulated subsidiaries which could use the information to get
> >a leg up on competitors). What's more, in the fine print, Qwest claims the
> >right to disseminate or sell customers' personal and private information
> >-- including calling records -- whenever it believes that it is
> >"commercially reasonable," even if the consumer does opt out.... Making
> >the pretense of care for consumers' privacy a sham.
> >
> >Here's the text of Qwest's announcement, together with "translations" of
> >some of its language.
> >
> >--Brett Glass
> >
> >-----------------
> >
> >>IMPORTANT NOTICE REGARDING YOUR QWEST ACCOUNT INFORMATION
> >>
> >>The following information does not impact your Qwest billing.
> >
> >So, we're hoping you will be too busy paying your bills and dealing with
> >other logistics of daily life to read it.
> >
> >>Qwest has a long history of treating customer account information
> >>confidentially. We think that's one reason you trust us.
> >
> >Actually, we know that most telephone consumers do not trust their local
> >telephone companies one bit, but believe that their account information is
> >required by law to be treated confidentially. By sending you this small
> >brochure, which you're likely to miss, we're hoping to shore up our legal
> >position in the event that consumers become (justifiably) outraged at what
> >we are about to do.
> >
> >>As we develop new services, we want to maintain your trust while
> >>continuing to meet your service needs with innovative products. By
> >>sharing account information among Qwest's family of companies, and by
> >>aggregating information to learn more about trends and purchasing
> >>patterns, we can serve you better.
> >
> >...by sending you promotional literature, unsolicited e-mail, and similar
> >unwanted marketing material. We also want to get a leg up on those pesky
> >competitors who dare to challenge our monopolies (or near-monopolies) in
> >telephone directories and local exchange service, or who are attempting to
> >provide wireless service in our rightful domain.
> >
> >>All telecommunications carriers have a duty to treat customer account
> >>information confidentially, by law. If you don't currently subscribe to a
> >>particular telecommunications service, you have a right to prohibit us
> >>from sharing account information for marketing purposes with other Owest
> >>business divisions. For, example, if you have local service with Qwest
> >>but not wireless service, you can ask us not to share the local service
> >>information with the wireless part of our business.
> >
> >However, we have taken the liberty of reinterpreting your rights under the
> >law to consist of the right to opt OUT, not a requirement that you
> >specifically opt IN.
> >
> >>Account information includes details about your service, such as how many
> >>lines you have; features you may subscribe to or use (such as Caller ID,
> >>Call Waiting, and Last Call Return); information about wireless services,
> >>if you have them; as well as calling and billing records. For toll calls
> >>that you are billed for, the information includes the number the call
> >>comes from, the number it goes to and how many minutes the call takes.
> >
> >We will make all of this information available to parties whom you
> >probably would not want to see it unless you explicitly opt out.
> >
> >>We expect to share account information with Qwest companies, many of
> >>which you probably already know. These include Owest Corporation (your
> >>local telephone company), Owest Wireless, Owest DEX (our directories
> >>division), Owest Communications Corporation (our long distance division),
> >>and our Internet operations. In the future we may change our structure or
> >>enter new lines of business (for example, we hope to offer interexchange
> >>long distance services in our states over the next year or two). As such
> >>changes happen, we will also share account information when it helps to
> >>provide you quality services, packages and promotions.
> >>
> >>You don't have to do anything to permit us to use your information. If
> >>you do not want us to share account information within the Qwest family
> >>of companies, let us know within the next 30 days. Residential customers
> >>should call toll free 1-877-628-3732.
> >
> >When you call this number, you will be asked to enter your phone number
> >via your Touch Tone keypad. While this would be sufficient to allow you to
> >opt out, it will not be the end of the process. Instead, you'll be put on
> >hold -- and, if you're patient enough, will be connected to an operator,
> >who will ask you again for your number (as if you had not already entered
> >it) and then for other information. We're hoping that the process will be
> >inconvenient enough that you won't complete it.
> >
> >>For business customers, contact your Qwest representative or call the
> >>business office telephone number on your Qwest bill. Both business and
> >>residential customers may also let us know their preference by using the
> >>following web site: www.qwest.com/cpni.
> >
> >At this Web site, you'll be asked to enter far more information than is
> >necessary to identify your account. We hope that you will find this
> >process to be too inconvenient to complete, and/or will make a mistake
> >when entering the information so that we can justify disqualifying your
> >request.
> >
> >>If we do not hear from you within 30 days, we'll use the account
> >>information in the ways described here.
> >
> >We are not, however, specifying when this 30-day period begins. It is, of
> >course, to our advantage to start it as early as possible -- at the date
> >printed on your bill, for example, rather than the date when you get it.
> >This way, if you don't pay your bill until the due date, or are late in
> >paying it, you may miss the deadline by the time you see this notice.
> >
> >>Of course, if you change your mind in the future, you can always contact
> >>us to change your decision.
> >
> >But if you opt out even one day late, we can't, of course, take back the
> >information that we will already have distributed.
> >
> >>Whatever you decide will not affect the quality of the Qwest products and
> >>services you use now or your ability to order new products from us in the
> >>future. But, it may mean you are not informed of special offers or new
> >>products or services, packaged offerings, or promotions.
> >>
> >>Even if you notify us not to use account information for marketing
> >>purposes, by law we can and do use such information for reasons you might
> >>expect -- billing, collection, and protecting ourselves and others
> >>against unlawful acts such as fraud or theft of service. And your name,
> >>address and telephone number are not generally considered confidential
> >>account information.
> >
> >Therefore, we reserve the right to sell this information to marketers, et
> >cetera, even if you opt out and/or have an unlisted telephone number.
> >
> >>We also mingle information together about groups or categories of
> >>services or customers so that specific customers are not identified.
> >>
> >>We will, of course, provide your account information to anyone you want
> >>us to  such as other carriers or service providers  so long as the
> >>request comes from you personally and is in writing.
> >>
> >>We also sometimes disclose account information to third parties who are
> >>not part of the Qwest family of companies when required by law, when it
> >>furthers prompt and accurate delivery of your service, or when it is
> >>commercially reasonable to do so.
> >
> >Needless to say, as a publicly traded corporation, we believe that it is
> >"commercially reasonable" to maximize our return to our stockholders. So,
> >now that we have "notified" you of this policy by including a small slip
> >with your phone bill, we will reserve the right to sell your name,
> >address, and telephone number to anyone who will pay a sufficient price --
> >even if you have attempted to opt out or have an unlisted telephone number.
> >
> >>So, we provide account information when presented with lawful demands by
> >>regulatory agencies, subpoenas, or law enforcement. Qwest is also
> >>required to provide account information to other carriers when they tell
> >>us you have consented and they need the information to offer you their
> >>services. We may provide account information to companies where the
> >>"service package" involves part of a Qwest service (a DSL line, for
> >>example) and part of another company's service (like Internet access), so
> >>that the service you receive works despite there being two companies
> >>involved. There are other examples, also.
> >
> >And we are leaving ourselves a large loophole here by failing to be
> >specific about what they are.
> >
> >>We may provide account information to companies that provide support
> >>services to us (such as billing or account management) and to firms that
> >>have marketing agreements with us.
> >
> >Which any firm can probably establish with us if it is not a competitor
> >and is willing to pay a sufficient amount of money.
> >
> >>We also may disclose account information if we decide to sell a line of
> >>business to another company, so that you can continue to receive service
> >>with as little disruption as possible.
> >>
> >>We believe our information practices promote your interests and ours.
> >
> >But mostly ours.
> >
> >>We are better able to understand the kinds of services you have and might
> >>like to receive in the future.
> >
> >And lock you in as a customer before a competitive market can rear its
> >ugly head.
> >
> >>And we can limit our contacts with you to those times when we have
> >>products you may be interested in hearing about.
> >
> >Which we, rather than you, will determine.
> >
> >>Please note: Not all of Owest's information practices are included in
> >>this short notice about account information. Also, we may make changes in
> >>the future to the way in which we share account information internally or
> >>disclose it outside our company. You can learn more about Qwest's privacy
> >>policies and information practices by visiting Qwest's web site at
> >>www.qwest.com.
> >
> >However, the privacy policy posted there, which can be reached by clicking
> >link at the bottom of the home page which says "Privacy," is riddled with
> >even more loopholes than the stated policies in this brochure. And at the
> >end, there's an especially chilling statement:
> >
> >"To improve the services it can offer you, Qwest may opt to expand its
> >capabilities for obtaining information about users in the future."
> >
> >Does this give you the creeps? If so, you'll have to complain to your
> >legislators and hope that, somehow, you can overcome the influence of our
> >large campaign contributions and constant lobbying. Good luck.
> >
> >-----------------
> >
> >
>
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