FRANK PALLONE JR NEW JERSEY GREG WALDEN OREGON CHAIRMAN RANKING MEMBER ONE HUNDRED SIXTEENTH CONGRESS Congress at the written tates 1301152 of Representatives COMMITTEE ON ENERGY AND COMMERCE 2125 RAYBURN HOUSE OFFICE BUILDING WASHINGTON DC 20515 6115 Majority 202 225 2927 Minority 202 225-3641 January 11 2019 The Honorable Aj it V Pai Chairman Federal Communications Commission 445 12th Street SW Washington DC 20554 Dear Chairman Pai 1 write to request that on Monday January 14 2019 either you or your designate provide an emergency brie ng to Committee staff This brie ng should explain why the Federal Communications Commission FCC has yet to end wireless carriers unauthorized disclosure of consumers real-time location data and what actions the FCC has taken to address this issue tO date An emergency brie ng is necessary in the interest of public safety and national security and therefore cannot wait until President Trump decides to reopen the government Bad actors can use location information to track individuals physical movements without their knowledge or consent If recent reports detailing the cheap accurate and easy accessibility of legally protected real-time location data are true we must work expeditiously to address these public safety concerns 1 If we don t the privacy and security of everyone who subscribes to wireless phone service from certain carriers Hincluding government Of cials military personnel domestic violence victims and law enforcement of cials may be compromised 2 As you know Congress addressed this issue when it passed the Communications Act in 1996 That law and its implementing rules require wireless carriers and their vendors with 1 I Gave 6 Bounty Hunter $3 00 Then He Located Our Phone Motherboard Jan 8 201 9 2 See id The Honorable Ajit V Pai January 11 2019 Page 2 whom the information is shared3 to safeguard such information4 and to get users consent before disclosing it with anyone else 5 Last May investigative journalists and Senator Wyden helped bring to light the ease with which consumers real-time location data was being made available to the public 6 Following those revelations the FCC referred the allegations to its Enforcement Bureau for investigation 7 In June some wireless carriers publicly committed to addressing the issue and put an end to this unauthorized disclosure 8 Yet new reports indicate this unfortunate practice continues 9 The FCC once again appears to have dragged its feet in protecting consumers While some carriers have now recommitted to stopping such unauthorized disclosure the public can no longer rely on their voluntary promises to protect this extremely sensitive information The FCC must take immediate action to ensure no wireless carrier is allowing the rampant disclosure of real-time location data and take enforcement action against carriers that violated the Commission s rules and the trust of their customers '0 In light of this Committee s commitment to protect the privacy of the American peeple I request an emergency staff briefing on this issue so we can understand when the FCC will put an 3 47 U S C 217 4 47 C F R 64 2010 5 47 use 222mm 6 Service Meant to Monitor Inmates Calls Could Track You Too New York Times May 10 2018 Hacker Breaches Secaras the Company That Helps Cops Track Phones Across the US Motherboard May 16 2018 phone-tracking company-hacked Tracking Firm LocationSmart Leaked Location Data far Customers ofAll Major US Mobile Carriers Without Consent in Real Time Via Its Web Site Krebs on Security May 18 2018 A Location-Sharing Disaster Shows How Exposed You Really Are Wired May 19 2018 7 FCC ls InvestigatingA Website Flaw That Exposed Mobile Phone Locations CNBC May 21 2018 8 See e g Verizon to Stop Selling Phone Location Data to Third Parties Reuters June 19 2019 1 F2 8D 9 See note 1 10 to Stop Selling Location Data to Third Parties After Motherboard Investigation Motherboard Jan 10 2019 The Honorable Aj it V Pai January 11 2019 Page 3 end to the unauthorized sharing of this data Thank you for your attention to this serious matter If you have any questions please contact Gerald Leverich of the Democratic Staff at 202 225- 3641 Sincerely 2am Frank Pallone Jr Ranking Member