As many Mainers are fast becoming aware, individual and corporate cell phone call records are readily available for purchase over the Internet. Many consumers are unaware, however, that hard-wired telephone records are also being sold without the knowledge or permission of the account holder. It would seem a no-brainer, in the interest of common decency, personal safety and privacy, and in the Down East spirit of fairness in the marketplace, that this practice should be stopped. Many state legislatures, including Maine’s, are drafting and passing bills to make this practice illegal.

The federal government is also moving forward on this issue with Sen. Charles Schumer, D-N.Y., introducing the Telephone Records Protection Act of 2006. This bill is co-sponsored by Arlen Specter, R-Pa., and Bill Nelson, D-Fla. This legislation would make it a felony to steal the records of mobile phones, land lines, and Voice over Internet Protocol, or VOIP. A second bill in the House of Representatives would increase the criminal penalties for people who pose as account holders to access cell phone and telephone records. This deceptive practice is called “pretexting.” The Federal Communications Commission and the Federal Trade Commission are investigating the issue. Also receiving scrutiny are telecommunications companies that may be too free in providing this information. Legislators are considering increasing fines on these companies to between $100,000 and $300,000.

First-term state Rep. John Brautigam, D-Falmouth, has sponsored a bill that would make it a Class C crime to sell telephone records and could result in fines of up to $5,000 and five years in prison for violators. Brautigam is a member of the Maine Telecommunications Infrastructure Steering Committee.

Cellular telephones have revolutionized the way we live and work. Being able to connect with business associates and loved ones whenever desired or necessary has become routine. However, there is often a downside to technological advances, sometimes referred to as “the law of unintended consequences.” Private cell phone records available for sale over the Internet certainly fits into this category.

How widespread is this problem? A quick search of the Internet will produce more than 100 sites dedicated to selling someone else’s monthly phone logs for roughly $100. About 20 percent of these sites have recently stopped doing business or greatly reduced their Web presence and advertising to reduce legal exposure when federal and state laws are enacted.

Caseworkers of Northeast COMBAT have yet to have a case related to this issue from business owners or private Maine citizens, but the potential for abuse is clear. Spousal and domestic abuse is a large problem in Maine and elsewhere. The ability of an estranged, violent partner to have access to the personal phone records of his or her partner could lead to personal safety issues. The victim would have no clue that phone-call logs were being monitored, their rights to privacy violated. Some business owners in a highly competitive marketplace have resorted to buying competitors’ phone records to gain unfair business advantages and steal customers. Somehow the current practice seems to trample people’s privacy rights. Maine consumers deserve better.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded, nonprofit organization. For help, write to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.