FCC implementation of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act and other recent anti-robocall actions “appear to be having some impact,” but “scammers remain determined,” the Congressional Research Service reported. Commissioners approved secure telephone identity revisited and secure handling of asserted information using tokens call authentication rules at their March meeting (see 2003310067). “Most of the tools being used against robocalls have been developed recently, while some are still under development,” CRS said Friday. “It may be some time before a long-term and ongoing decrease in robocall numbers will be realized.” Chairman Ajit Pai noted the FCC’s recent bid to address robocalls preying on COVID-19 fears (see 2004030052), writing two groups of telecom-focused lawmakers including Senate Communications Subcommittee Chairman John Thune, R-S.D., and House Communications Subcommittee Chairman Mike Doyle, D-Pa.
Advocates partly supported the American Bankers Association and other financial groups seeking clarity that banks, credit unions and financial service providers can use automatic telephone dialing systems, prerecorded messages and artificial voice for COVID-19 calls (see 2004060009). It must be “clearly limited in time and scope,” said a filing posted Friday in docket 02-278 by the National Consumer Law Center, Consumer Federation of America, Consumer Reports, National Association of Consumer Advocates and others.
The FTC Wednesday cautioned companies about risks to consumers of artificial intelligence technology used to make predictions, recommendations or decisions. AI could enable “unfair or discriminatory outcomes” or the perpetuation of existing socioeconomic disparities, blogged Competition Bureau Director Andrew Smith. Companies using AI should take care not to mislead consumers about the nature of an interaction, he said, citing “engager profiles” of attractive potential mates to induce customers to sign up for a dating service. How companies get data is important: Secretly collecting sensitive data could give rise to an FTC action, Smith said, noting Facebook misled consumers last year by telling them they could opt in to facial recognition even though the setting was on by default. Companies that make automated decisions based on third-party information may have to provide consumers with an “adverse action” notice, explaining their right to see information reported about them and to correct inaccurate information.
The FTC should issue comprehensive guidelines for companies like Zoom that provide online conferencing services, Sen. Ed Markey, D-Mass., wrote the agency Wednesday. Best practices should protect online safety during the pandemic and beyond, Markey said. Urging a “thorough investigation” of Zoom, he said services like Cisco WebEx, Microsoft Teams and Slack should have guidance. Zoom said it's making changes (see 2004070053) and didn't comment now. The agency merely confirmed receiving the letter.
Maine should respond by May 27 to the telecom industry seeking an immediate ruling that the state’s ISP privacy law is unconstitutional, the U.S. District Court of Maine said Tuesday in case 1:20-cv-00055. ACA Connects, USTelecom and other industry groups Monday filed a motion (in Pacer) for judgment on the pleadings. Maine Attorney General Aaron Frey’s (D) answer (see 2004030075) to the complaint “confirms that the material facts supporting these allegations are undisputed, the Court should enter judgment in Plaintiffs’ favor on the pleadings and declare the Statute unconstitutional, thereby barring Defendant from enforcing it against Plaintiffs and their members,” industry said. The court Monday set (in Pacer) an expected trial date of Nov. 3 and other deadlines, including discovery by Aug. 24 and all dispositive motions Sept. 14.
Policymakers should focus on preserving privacy and liberty when addressing the COVID-19 pandemic, while remembering lessons from the 9/11 attacks, Privacy and Civil Liberties Oversight Board Chair Adam Klein and member Ed Felten wrote. The question isn’t whether new programs are needed, but how to implement them, they wrote Saturday for Politico. They noted the Centers for Disease Control and Prevention’s $500 million COVID-19 surveillance and data collection system, and the government’s analysis of cellphone geolocation data via service providers to track and predict the disease’s impact.
ISP associations challenging Maine’s broadband privacy law lack standing and failed to state a claim for relief, argued Maine Attorney General Aaron Frey (D)'s Friday answer (in Pacer) to the industry complaint at the U.S. District Court of Maine (case 1:20-cv-00055). The claims are barred by laches and the matter isn’t ripe or otherwise justiciable, he said.
A Sept. 22 FTC event will examine data portability's “potential benefits and challenges,” the agency said Tuesday. Comments are due Aug. 21. Portability gives consumers control over data and promotes competition by allowing data access to entrants, the agency said: There are security and privacy concerns, particularly for incidental data from friends.
The owner of three “stalking” apps “failed to secure” data and ensure the apps were used for “legitimate purposes,” the FTC alleged Friday in a 5-0 settlement. Retina-X Studios, which owns MobileSpy, PhoneSheriff and TeenShield, allegedly violated the Children’s Online Privacy Protection Act by failing to take “reasonable measures” to secure children’s data. Retina-X and owner James Johns are barred from “promoting, selling or distributing apps that monitor consumers’ mobile devices unless they take certain steps to ensure the apps will only be used for legitimate purposes.” The company didn’t comment.
The FCC Enforcement Bureau said a rulemaking including amended clauses for implementing section 13(d) of the Pallone-Thune Traced Act is effective 30 days after Federal Register publication, in an order and Further NPRM Friday in docket 20-22. It sets 30 days for comments, 15 for replies, for the FNPRM.