Verizon asked federal court to block new Wash. state telecom cons...
Verizon asked federal court to block new Wash. state telecom consumer privacy rules on ground they unconstitutionally interfered with its commercial free speech rights to communicate with its own customers. Verizon, state’s 2nd largest incumbent telco, asked U.S. Dist.…
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Court, Seattle, for injunction to stay Jan. 1 effective date of rules adopted Nov. 7 by Wash. Utilities & Transportation Commission (WUTC) pending outcome of its lawsuit. Verizon said state’s rules also conflicted with FCC privacy policy adopted in July because state adopted opt-in policy, which holds that customer proprietary network information (CPNI) such as call detail data can’t be used for internal marketing purposes without customer’s prior consent. FCC adopted opt- out approach under which telecom carriers can use CPNI for internal marketing unless customer explicitly forbids such use. WUTC in its ruling said stricter opt-in standard was needed to prevent privacy invasions from data mining and consumer profiling that was based on very sensitive records of who customer had called. Agency said its opt-in rule represented fair balance between privacy interests of customers and business needs of carriers. Verizon told Judge Barbara Rothstein that opt-in approach to call detail data would make it unduly difficult to market new products and services to its 950,000 customers in Wash. Verizon said many customers were interested in information about services compatible with their calling patterns but few would bother to spend time and effort needed to opt in to CPNI access. Carrier said opt-out approach allowed those with privacy concerns to protect themselves. When FCC adopted its opt-out privacy policy in July on a federal court remand, it allowed states to adopt rules that might be more restrictive, reserving right of review. Verizon has asked FCC to reconsider that provision; request is pending.