FCC customer ID plan draws privacy and abuse-survivor objections
The FCC says broader customer checks could curb robocalls, but critics warn the plan would make anonymous prepaid phone use harder.
By Hana Yoshida · Markets Reporter
3 min read
The Federal Communications Commission is considering rules that would require phone providers to collect identifying details from new and renewing customers before activating service. Privacy groups and advocates for domestic violence survivors say the proposal could make prepaid phones harder to use anonymously, cutting off a safety tool for people who need to avoid being tracked.
According to the FCC proposal, providers would have to obtain and keep, at minimum, a customer’s name, physical address, government-issued identification number and alternate telephone number before allowing access to service. The agency is seeking public comment on the plan as part of its effort to fight illegal robocalls.
FCC Chairman Brendan Carr said in a statement attached to the proposal that some providers are failing to screen customers adequately, allowing bad actors to use U.S. phone networks. Carr said the proposal would strengthen Know-Your-Customer obligations for originating providers and stop companies from ignoring abuse of the network.
Survivor advocates warn of safety risks
The National Network to End Domestic Violence told the FCC that measures the agency appears to view as suspicious can be essential for survivors. Belle Torek, a technology safety specialist with the group, said in a filing that many privacy-protective practices are “well-established and often life-preserving safety practices” for survivors.
The group said the FCC is asking whether providers should flag or limit the use of virtual addresses, shared offices, post office boxes and mail-forwarding services. It told the agency those tools are also commonly used by survivors trying to keep abusers from learning where they live.
The National Network to End Domestic Violence also said the proposal asks whether providers should collect copies of government IDs, verify customer data through public databases, consumer reporting agencies, financial institutions and commercial records, and retain records for four years after a customer relationship ends. The group warned that survivors may be staying in shelters, hotels, cars, temporary housing or with friends and may be unable to safely disclose a residential address.
The Kansas Coalition Against Sexual & Domestic Violence also opposed the plan in an FCC filing. The group said the rules would harm people facing sexual assault, domestic violence and stalking, including survivors who lack reliable access to identity documents or cannot reveal their location while fleeing abuse or using address confidentiality programs.
Privacy groups question the tradeoff
Other privacy advocates have raised broader objections. Eric Null, director of the Privacy & Data Project at the Center for Democracy & Technology, told 404 Media that the FCC plan would require wireless subscribers to give up significant personal details before receiving or renewing a line. Null said people who may need anonymity include domestic violence survivors, journalists and whistleblowers.
Chao Jun Liu, a senior legislative associate at the Electronic Frontier Foundation, told CNET that collecting the data would be harmful to privacy and questioned whether the government should be trusted with that information.
The Consumer Access & Choice Coalition, which says it represents small and mobile VoIP, second-line app-based VoIP and wireless providers, also filed objections. The group said the FCC should focus on voice providers that knowingly or recklessly enable illegal robocalls instead of limiting ordinary consumer anonymity.
The coalition said broad ID rules could create costs, privacy risks, cybersecurity exposure and barriers for lawful users while doing little to stop sophisticated robocallers. It said illegal operators could shift to offshore providers, stolen or synthetic identities, compromised accounts, account farms, encrypted platforms or other channels.
The group also argued that the proposal could face legal challenges, including under the major questions doctrine, if Congress has not clearly authorized such a regulatory system. The FCC docket has received numerous individual comments opposing the plan.
Initial comments are due June 25, with reply comments due July 27. The FCC has not set a date for final rules, and agency decisions can take several months after a comment period closes.
This story draws on original reporting from Ars Technica.