Telephone records up for sale AG wants practice outlawed in Maine

AUGUSTA – State Attorney General Steven Rowe is urging Maine lawmakers to ban the sale of phone records without the knowledge of the customer. Several officials and lawmakers in both parties agree “phone record brokers” appear to be infringing on privacy rights and could even impede criminal investigations.

Rowe said he was “very surprised” at revelations in a Chicago Sun-Times article published Jan. 7 about brokers offering cellular and land-line records of any private customers, including police officers, for a fee. The article cited one Internet-based service – locatecell.com – that is selling a month’s worth of cell phone logs for $110.

“I am sure anyone would be surprised that this can happen,” Rowe said. “It is very disturbing. People have an expectation that the numbers they call will be kept private. In this case, it appears you have a vendor who, for the right fee, is willing to sell you that information.”

While state regulations prevent phone companies from selling land-line records, there are no laws preventing the sale of cell phone records in Maine, according to Public Advocate Stephen Ward. He said there also are concerns about how brokers are acquiring the information they are selling.

The Chicago Sun-Times article referred to suspicions that unauthorized parties are gaining access to individual phone records by calling a phone company’s customer service line and posing as the account holder. Other possibilities cited include phone company employees being bribed and hackers breaking into computer systems to get the information.

Some cell phone companies have taken legal action against phone record brokers who have obtained records improperly and sold them.

The Washington-based Electronic Privacy Center has filed a petition with the Federal Communications Commission urging the regulatory agency to ban the sale of all types of telephone records.

In the meantime, Maine Public Safety Commissioner Michael Cantara said he would support any efforts in Maine to stop the practice now.

He said investigators in any police agency assume that the cellular and land-line records of those they are calling are not open to anyone willing to pay for them.

“Law enforcement needs to be able to conduct investigations without compromising the pubic safety or the law enforcement agent’s safety,” he said. “I certainly would support legislation to make sure these records are kept secure.”

Cantara said he is also “very concerned” at the infringement of an individual’s privacy rights. He said there is a “justified” presumption by individuals that whom they call is their private business.

“I am sure there will be people upset when they find out about this going on,” he said. “I am upset about it.”

Illinois Gov. Rod Blagojevich and Attorney General Lisa Madigan announced last week they are pushing legislation in that state to make it illegal for brokers to sell telephone account records and other personal information. If adopted, the measure would be punishable by a fine of up to $10,000 per occurrence.

Rowe and Cantara believe the Maine Legislature could craft a law similar to the one being considered in Illinois that would have adequate penalties to deter record brokers from operating here.

Ward, who represents the public in utility matters before the Maine Public Utilities Commission, said he also would urge lawmakers to act quickly, saying the ramifications of allowing the trade in phone records to go unchecked is very broad.

“Think of the battered wife with her husband seeking the phone records of the shelter she is at,” he said. “Think about informants of law enforcement. All of these people have an expectation of privacy when they use their phone. This is very troubling.”

There is bipartisan support to consider emergency legislation addressing the issue this session by Maine lawmakers. Sen. Phil Bartlett, D-Gorham, co-chairman of the Legislature’s Utilities Committee, said his committee would discuss with Rowe how to craft legislation to deal with “this scary issue.”

He believes most Mainers will be upset to learn their personal phone records could be sold.

“Quite frankly, we didn’t see it coming,” he said.

Sen. Carol Weston, R-Montville, who serves on the Legislature’s Utilities Committee and is assistant Senate Republican leader, said she expects bipartisan support to stop the sale of phone records in Maine.

“No one should have the right to pay $110 and find out who I call on a daily basis,” she said. “This calls for some action to protect that privacy.”