DEBBIE DINGELL 12TH DISTftlCT, MICHIUN 1t6 CANNON House OFFICE B u ll.DING WASHINGTON, DC 20515 12021225-4071 HOUSE COMMITTEE ON ENERGY AND COMMERCE SUBCOMM1mes ON COMMUNICATIONS AND TECHNOLOGY DIGITAL COMMERCE AND CONSUMER PROTECTION ENVIRONMENT Qlnngr.e.a.a of tq.e ltnit.eh ~tnt.e.a lllnusr of itprt.aentatiur.a Ufusl1ingtnn, 111(!! 20515 The Honorable Ajit V. Pai Chairman Federal Communications Commission 445 12th Street SW Washington, DC 20554 Dear Chairman Pai: April 6, 2018 DISTlllc:T OFFM:ES; 19855 WEST OUTER DRLVE SUITE 103-E DEARBORN, Ml 48124 (313) 278-2936 301 WEST M ICHIGAN AVENUE SUITE 400 VPSILANTI, Ml 48197 (734) 481-1100 WEBSITE: DEBBIEOINGELL.HOUSE GOV I write to ask the Federal Communications Commission (FCC) to open an investigation into whether Cambridge Analytica has or has ever had access to consumers viewing or other personal data, whether Cambridge Analytica used such data to influence the 2016 Presidential Election, and whether Cambridge Analytica's use of such data violated the Communications Act.ClJ Reports have surfaced indicating that Cambridge Analytica-a data analysis firm with close ties to President's Trump's 2016 Election Campaign-has used consumers' personal information without consent.c21 Reports have focused primarily on how Cambridge Analytica obtained intimate data from more than 87 million Facebook usersP1 Yet, statements made by officers at Cambridge Analytica indicate that they may have also obtained the specific viewing habits of many subscribers in the United States.C41 Specifically, Cambridge Analytica program director Brittany Kaiser claimed as part of a 2016 interview that the company purchased consumers viewing or other personal data.[SJ Kaiser notes that these data are exceptionally detailed and can "tell you exactly when someone logs in, [I] See 47 U.S.C. § 551. [21 Time, Facebook's Cambridge Analytica Controversy Could Be Big Trouble for the Social Network. Here's What to Know (Mar. 21, 2018) (time.com/5205314/facebook-cambridge­ anal vtica-breach/). 131 Id. C4J Commonwealthy, Voter Analytics with Brittany Kaiser CW 51-Transcript (Mar. 29, 2016) (www.commonwealthy.com/voter-analytics-transcriptD. [SJ Id. ~·· 253 what they are recording, [and] what they fast forward through."£61 What's more, reports indicate that Cambridge Analytica's Chief Revenue Officer claimed earlier this year that the company could not only use such viewing habits to understand voters' preferences, but that the company could also use that data in conjunction with new smart TVs and set-top-boxes to target political content on televisions. 171 Given these reports, the FCC has a responsibility to launch an investigation to uncover whether any entity that the FCC regulates sold or otherwise provided any subscriber data to Cambridge Analytica and, if so, whether such provision of data violated the Communications Act. Sections 338 and 631 of the Communications Act provide several protections for sensitive subscriber information of the type Cambridge Analytica claims to have obtained. The privacy protections in both Sections 338 and 631 include a requirement that operators provide an annual notice to their subscribers describing the "nature" of the information that will be collected by the operator and the nature of the use of such information. 181 Such disclosure must also detail the types of persons with whom the data maybe shared.191 Importantly, both sections also require that an operator obtain the prior written or electronic consent of a subscriber before collecting personally identifiable informationP0I Finally, the law requires that operators "take such actions as are necessary" to prevent unauthorized access to subscribers' viewing habits.1 111 Given the specific protections laid out under the Communications Act and the troubling scope of the recent revelations regarding Cambridge Analytica, I believe the Commission should bring its investigatory resources to bear to protect consumers' privacy. Specifically, I request the Commission investigate whether any entity under the FCC's oversight provided its subscribers' personally identifiable information or viewing habits to Cambridge Analytica, and whether such disclosure violated the Communications Act. Further, such an investigation should seek to uncover the business relationship between these companies and Cambridge Analytica, including any understanding by the companies of how Cambridge Analytica used such data and whether Cambridge Analytica planned to use the data to influence the 2016 Presidential Election. £61 Id. £71 Fast Company, Tnmip 's Data Gunts Are Now Turning Their Attention To Your TV (Nov. 15, 2017) (www.fastcompany.com/40477438/cambridge-analytica-has-your-tv-in-mind­ and-an-unlikely-allv). 181 47 U.S.C. § 551(a)(l)(A); 47 U.S.C § 338(i)(l)(A) 191 47 U.S.C. § 55l(a)(l)(B); 47 U.S.C. § 338(i)(l)(B) (toJ 47 U.S.C. § 551(b)(l); 47 U.S.C. § 338(i)(4)(A) [I IJ 47 U.S.C. § 551(c)(2)(C)(ii)(I); 47 U.S.C § (i)(4)(8)(iii)(Il)(aa) I appreciate your assistance with this important matter. Please provide a response to this letter within three weeks of receipt. Should you have any questions regarding this request, please contact Kevin Dollhopf in the Office of Congresswoman Debbie Dingell at (202) 225- 4071 Sincerely, ~~}le tJ\V'-~ Member of Congress