"In filings with the Federal Communications Commission, the ACLU said it wants the commission to hold up approval of the merger until the phone companies settle allegations that they had released customer information to the National Security Agency."

- Associated Press, June 6, 2006



• A chorus of lawmakers, public interest groups, and state commissions have called for a rigorous investigation into allegations that AT&T and BellSouth disclosed tens of millions of private phone records to the National Security Administration (NSA) without proper legal authority. Such large-scale violations of consumer privacy laws will not be investigated by the FCC, which has announced that it will protect AT&T, BellSouth, and the Bush Administration from such a public embarrassment. The American Civil Liberties Union (ACLU) filed in opposition to the merger at the FCC, and has filed complaints with Public Utility Commissions or sent letters to state Attorneys General and other officials demanding investigations into whether AT&T and BellSouth allowed the NSA to spy on their customers. This issue will become an integral part of the merger review process.

• "The ACLU previously wrote to the Commission asking that you reconsider Chairman Kevin Martin’s decision not to investigate whether AT&T and/or Bell South has violated telecommunications law by providing the National Security Agency (NSA) with a large volume of customer records without a court order, both in the past and on an ongoing basis. ACLU Letter to Martin, March 24, 2006. If these published accounts are accurate these actions would be a violation of 47 U.S.C. § 222 and the Commission’s implementing rules, and we therefore believe the FCC cannot approve the merger of AT&T and BellSouth until it adjudicates the merits of those allegations."

-- Comments of the American Civil Liberties Union (ACLU), June 5, 2006.

• The ACLU also warned that BellSouth had denied participating in the phone data disclsoure program, whereas AT&T did not deny participating -- thus, BellSouth customers will be subject to AT&T's policy of disclosing private data once AT&T completes its acquisition of AT&T. "In fact, BellSouth has publicly and emphatically denied participation in the NSA program while AT&T has refused to confirm or deny its participation. If we take BellSouth's insistence at face value, then the public interest is served by ensuring that BellSouth’s customers continue to have their privacy protected, unlike AT&T customers, whose privacy appears to have been violated. It would be a cruel irony if BellSouth had not participated in the program but as a result of this merger, BellSouth customers became unwilling surveillance targets."

--Comments of the American Civil Liberties Union (ACLU), June 5, 2006.

• And the threat to our privacy is growing. Just weeks ago, AT&T adopted a new "privacy" policy that allows the mega-Bell to track and use private information about your Internet viewing, what cable stations you watch, and who you call and what you say.

• According to its new policy AT&T “will collect information about viewing, game, recording and other navigation choices that you and those in your household make” when using AT&T's Internet-protocol video services.

• “While your account information may be personal to you, these records constitute business records that are owned by AT&T,” it states.

• “The policy refers to two AT&T video services -- Homezone and U-verse. Homezone is AT&T's satellite TV service, offered in conjunction with Dish Network, and U-verse is the new cablelike video service delivered over phone lines.” [San Francisco Chronicle, “AT&T rewrites rules: Your data isn't yours,” June 21, 2006]

• “Under the new policy, AT&T will collect customers' user names, passwords, charges, payments and online purchases. It will also track their clicks while on sites that AT&T operates in a partnership with Yahoo Inc.” [AP, “AT&T to own customer data, track some Internet use,” June 22, 2006]

• “They also let the company track how often users of its new U-Verse video service watch TV and which programs they tune in.” [San Antonio Express-News (Texas), “AT&T changes its policy on privacy, raises questions,” June 22, 2006]



PRIVACY LINKS

How's About Taking Our Data Seriously - Washington Post

AT&T Rewrites Rules: Your Data Isn't Yours - San Francisco Chronicle

Concerns Raised Over AT&T Privacy Policy - Washington Post

AT&T New Privacy Policy Not Knee-Jerk - USA Today

Personal Information Isn't That Confidential - San Francisco Chronicle

Who Owns Customer Data? - E-Commerce News

AT&T Draws Ire Over Privacy Update - Internet News

Ma Bell's Cloak and Dagger - Motley Fool

AT&T: We Own Your Records - Red Herring

AT&T Changes is Policy on Privacy, Raises Questions - San Antonio Express News

William Black: The NSA and the Bells - Rhode Island Providence Journal

Bill Black: Bells Getting FCC Favors - Fort Worth Journal Gazette

Bill Black: Did Bells Benefit from Helping NSA?" - Portland Press Herald