If illegally-obtained location information was used by a bounty hunter or bondsman to bring in a bail jumper…….does that mean that the bail jumper gets to be released back to the spot where they were picked up and granted a do-over? Like if someone cheated in hide-n-seek?
edit - silliness aside, I wonder if people picked up as a result of illegally obtained location info have any recourse. I'm fuzzy on how bounty hunting works and if the person being picked up is a fugitive with a warrant or just running from the bondsman. I should probably wikipedia this.
I've run out of colorful adjectives to describe the leadership of the FCC and AT&T.
Usually, a judge doesn't care how a fugitive got to his court. That's for the fugitive's lawyer to sort out.If illegally-obtained location information was used by a bounty hunter or bondsman to bring in a bail jumper…….does that mean that the bail jumper gets to be released back to the spot where they were picked up and granted a do-over? Like if someone cheated in hide-n-seek?
edit - silliness aside, I wonder if people picked up as a result of illegally obtained location info have any recourse. I'm fuzzy on how bounty hunting works and if the person being picked up is a fugitive with a warrant or just running from the bondsman. I should probably wikipedia this.
Has Verizon made any comment on this?
If they're innocent I'd expect them to shout "We're the good guys!" to the roof top. Silence in turn suggests that either their processes are sufficiently murky that they don't know if they're guilty, or that they know they did the same and are just hoping not to get caught now. Since this is a US Telecom we're talking about, both incompetence or malice are equally plausible reasons for silence IMO.
Sprint told Ars that it has "nothing to share [on this] at the moment."
Insert animated Kirk shocked reaction image here
But, Italian Spiderman does it with so much more gusto.
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If they were selling this information to advertisers, it makes sense to punish it harshly.
But according to the article, it was being used to find fugitives from the law. In that case, the appropriate action would seem to be to amend the law to make it legal.
I find it very interesting that NOBODY ever goes to jail for this stuff. Always an excuse, plea deal, etc. creating a beg for forgiveness rather than ask for permission culture when it comes to data.
This probably should change.
I'm sure the punishment will be harsh. /s
If you mean for Public Knowledge, then no need for the /s.
Did Pai publish a dissent on the ruling for Yourtel America and TerraCom? If so what was the reasoning for the dissent?
"Something something small government something"
Unquestionably illegal, but unlikely to get more than a slap on the wrist.
Remember when Bertie Wooster's conviction made him ineligible for a position in his club? Jeeves solved that by getting all the other club members arrested, which forced an instant rule change.Almost all of the asshattery corporate America pulls on the public would vanish overnight if the executives behind these decisions were held personally liable for them. Even if the company pays the fines, having a felony conviction on one's record doesn't do a lot to promote one's career opportunities.
So, instead of executing his duties Pai secretly is moonlighting as a Supreme Court justice.Did Pai publish a dissent on the ruling for Yourtel America and TerraCom? If so what was the reasoning for the dissent?
"Something something small government something"
I looked it up:
Wheeler says, "We do not need detailed ex ante rules and regulations to know that this is simply unacceptable. Failure to take reasonable steps to secure consumer information is a clear breach of a carrier’s duty to protect the confidentiality of the customer information they collect and an “unjust and unreasonable practice” – both violations of the companies’ statutory obligations under the Communications Act."
Pai says, "...there is no pre-existing legal obligation to protect personally identifiable information (also known as PII) or notify customers of a PII data breach to enforce. The Commission has never interpreted the Communications Act to impose an enforceable duty on carriers to “employ reasonable data security practices to protect” PII.3 The Commission has never expounded a duty that carriers notify all consumers of a data breach of PII. The Commission has never adopted rules regarding the misappropriation, breach, or unlawful disclosure of PII. The Commission never identifies in the entire Notice of Apparent Liability a single rule that has been violated.
He goes on to complain that even if the rules were enforceable the violation could result in a fine of $9 billion and that's too high, "One more thing. The Commission asserts that the base forfeiture for these violations is nine billion dollars—that’s $9,000,000,000—which is by far the biggest in our history. It strains credulity to think that Congress intended such massive potential liability for “telecommunications carriers” but not retailers or banks or insurance companies or tech companies or cable operators or any of the myriad other businesses that possess consumers’ PII. Nor can I understand how such liability can be squared with the Enforcement Bureau’s recent consent decrees with these companies. Under those consent decrees, the companies paid the Treasury $440,000 and $160,000 for flouting our actual rules and draining the Universal Service Fund by seeking Lifeline support multiple times for the same customer."
Unquestionably illegal, but unlikely to get more than a slap on the wrist.
Did Pai publish a dissent on the ruling for Yourtel America and TerraCom? If so what was the reasoning for the dissent?
"Something something small government something"
What would happen to me if I kept telling the government 'Yes, I'll stop this lawbreaking right now." and didn't? Does Pai do anything but suck corporate dick while we pay his wages?
That "Someone" would undoubtedly be hunted down like a dog and prosecuted to the fullest extent of the law. Same for threats to elected representatives. There simply cannot be any doubt in the mind of the public that no measure or expense will be spared to ensure that The Oligarchy Stands Undeterred!Perhaps someone could gather and post the location history of Chairman Pai for the last few months and see how unimportant this violation is.
Could recommend threatening some of our lawmakers with the same action and see if it inspires some appropriate action. None of those clowns from either side of the aisle seems interested in anything unless it makes them look good...or keeps them from looking bad.