Need for public notice on privacy?

Yesterday’s posting seems to have struck a chord with some people, based on calls, emails and formal blog comments.

In the coming days, I’ll be continuing to explore some issues in relation to privacy issues and the telecom industry.

In the meantime, let me suggest that folks who are truly concerned with these issues should consider attending a conference run by my good friend Stewart Dresner, who heads up the advisory firm ‘Privacy Laws & Business’. For 19 years, Stewart’s firm has successfully helped organisations integrate data protection and privacy law into good business practice.

His conference takes place July 3-5 in Cambridge (UK).

Privacy concerns

ATTEarlier this week AT&T; announced changes to its statement of its privacy policy, driven by its response to lawsuits over the handover of customer records to US law enforcement agencies.

The new policy states that customer information constitute:

business records that are owned by AT&T.; As such, AT&T; may disclose such records to protect its legitimate business interests, safeguard others, or respond to legal process.

AT&T; says that this isn’t a change to their operational procedures, just making the language more clear to customers.

It is unclear how this position would hold in Canada where the CRTC and Federal Privacy Commissioner both have views on who owns customer information. In the latest annual report of the Privacy Commissioner, we find:

It is perhaps appropriate to remind everyone that once data is outside of Canada, the ultimate control of it rests in the hands of the authorities in that state.

Such realities have implications for AT&T; customers in Canada. Will the CRTC look at this issue and will it lead to conditions on the licensing of international carriers?

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In memoriam

CNCPUnitelI don’t usually read the obits in the paper… I’m not sure what drew me to that page in the Star yesterday afternoon.

It was with great sadness that I read of the passing of James Christian McDaniel, an anchor of consistency in the turbulent waters of competitive telecom in Canada.

Jim was Mr. CNCP – a dignified gentleman who personified customer service and attention to detail. Always impeccably dressed, I recall that he usually had a cigar in hand when I would see him in the garage at 200 Wellington early in the morning when we both would get into work.

The obituary sums up his career:

Jim began his career in 1934, in the heart of the ‘depression’ as a telegraph messenger with what was then known as the Canadian National Telegraph Company. Jim rose through the ranks to become Head of Sales and was at the heart of the last century’s technology revolution from Morse Code through to fibre optics. During the 1970s and 1980s, Jim was a pioneer in the way he acted as Chief Customer Advocate in television commercials – for what had come to be known as CNCP Telecommunications – becoming Mr. CNCP. Later in the 1990s, after a brief retirement, Jim agreed to become a member of the senior management team at Unitel Communications, where he contributed his powers of persuasion and national presence to the effort to bring competition to Canada’s long distance telephony market.

Those of us who worked with Jim – and there are lots of us still involved in Canadian telecom – learned much from him, not the least of which were the importance of consistent customer focus and respect for colleagues in shaping a corporate culture.

Jim symbolized the transformation of Canada’s first telecommunications carrier – from telegraph to telex, through Facsroute to long distance competition and a complete portfolio of converged solutions. Thirty years before the telephone was patented, the company that would become CNCP carried the first telecommunications message of any kind in Canada.

CNCP/Unitel alumni hold leadership positions in every telecom company in Canada. On behalf of all those who shared being part of an inspired team, let me say that we will miss you, Jim.

Net User Bill of Rights

I’ve said in the past that the sign of a balanced CRTC decision is one that equally annoys the incumbents, new entrants and consumer groups.

I don’t think the same measure can be used for legislation. A Senate Committee in the US has proposed the Communications, Consumers’ Choice, and Broadband Deployment Act of 2006 and it promises to provide lots of fodder for my writings this summer.

Let’s start with the Consumer Internet Bill of Rights that appears 145 pages into the document:

SEC. 903. CONSUMER INTERNET BILL OF RIGHTS.
(a) IN GENERAL.—Except as otherwise provided in this title, with respect to Internet services, each Internet service provider shall allow each subscriber to:

  1. access and post any lawful content of that subscriber’s choosing;
  2. access any web page of that subscriber’s choosing;
  3. access and run any voice application, software, or service of that subscriber’s choosing;
  4. access and run any video application, software, or service of that subscriber’s choosing;
  5. access and run any email application, software, or service of that subscriber’s choosing;

These are well meaning and they even sound good, until you stop to think a little bit about item (1): “access and post any lawful content…”.

What does it mean to allow each subscriber to post any lawful content of that subscriber’s choosing? To start with, it would invalidate Acceptible Use Policies and force ISPs into hosting content that they find to be offensive, unless it is actually illegal.

Extremists, purveyors of adult content and their ilk are interesting bedfellows for the ‘Save the Net’ crowd that are behind this provision.

In a non-digital world, this section says that the manager of a local grocery store would be forbidden from taking down ads for escort services that get posted on the community bulletin board at the store’s entrance.

Sounds to me like the store is losing control of their private property and their ability to apply discretion over the type of business they want.

Exactly which consumer’s rights are being defended in Section 903(a)(1)?

Downtime

Mike Urlocker has a posting on his blog about 7×24 accessibility versus downtime.

His conclusion merits discussion.

As a self-employed, independent consultant, one of the services I offer is always being available. As a result, I find that mobile access is an enabler of downtime, not a detractor from family time.

In my pre-Blackberry days, I can recall helping a client negotiate a contract during the weeks leading up to the school March break. We planned a vacation in Colorado with the kids. The contract wasn’t signed, but I had my cel phone and my client knew how to reach me.

On the slopes at Loveland, the phone rang and I stopped to deal with an issue that arose during the drafting of the agreement. 15 minutes later, I was done and got to enjoy the rest of the vacation.

The point: accessibility didn’t interfere with my ski trip; it enabled me to go on the vacation. The alternative was for me to stay in the city waiting by the phone.

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