MCLU Praises Landmark PUC Ruling on Phone Privacy
Privacy Policy Requirements for Fairpoint Set Model

May 9, 2008

PORTLAND—Today, the MCLU praised the Maine Public Utilities Commission decision to require FairPoint Communications to take specific measures to safeguard customer privacy.

The PUC’s actions came in response to a request from James D. Cowie and MCLU Board President Chris Branson that FairPoint, the company that took over Verizon’s Maine phone business in a deal that closed March 31, establish privacy policies to protect the consumer.

“The federal government may well prevail in preventing any investigation of past violations of Mainers’ privacy by the phone companies, but it can’t prevent the State of Maine from taking measures to protect Mainers’ privacy moving forward,” said James D. Cowie, the original complainant.

Today’s ruling by the PUC orders FairPoint to certify to the PUC that it is taking all sufficient steps to protect customer privacy, including appointing a privacy officer who will oversee the company’s privacy policies. The order requires FairPoint to certify annually to the Commission that FairPoint has complied with its Privacy Policy and has not violated any privacy laws.

These new requirements, including appointment of a Privacy Officer and the annual certification to the Commission, are ground-breaking steps. Maine is believed to be the first state in the nation to require a phone company to certify under oath that it is complying with all laws. The MCLU applauds this innovative attempt to protect the privacy rights of Maine citizens and hopes that other states will follow Maine’s example.

“Mainers deserve to know that their telephone company won’t be spying on them,” said Christopher Branson, MCLU Board President and attorney with Murray Plumb & Murray. “Today’s decision is a giant step forward for Mainers’ privacy.” This new privacy policy is the latest development from a case brought before the PUC by Cowie, and 21 others. Those original complainants asked the agency to determine whether Verizon had acted unlawfully in turning over customers’ private records to the National Security Agency without proper warrants. The Cowie complaint was stalled when the federal government sued to stop any PUC investigation in the case of United States v. Adams. Because of their privacy interests in the ongoing litigation, James D. Cowie and the other complainants were granted intervenor status in the Verizon-FairPoint sale. Civil liberties activists are pleased that the PUC action will provide assurance that privacy concerns will the protected by Fairpoint. “The state is stepping in where the federal government has abdicated its responsibility,” said Shenna Bellows. “Once again, Maine is leading the way for the rest of the country in defending civil liberties.”

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