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 STATEMENT  OF  COMMISSIONER  ROBERT  M.  McDOWELL 
 Re:  1  st  Source  Information  Specialists,  Inc.,  d/  b/  a  LocateCell.  com,  Apparent  Liability  for  Forfeiture,  Notice  of  Apparent  Liability  for  Forfeiture,  EB  File  No.  EB-  05-  TC-  059;  FRN 
 0014762439;  NAL  Acct.  No.  200632170005. 


 Today’s  action  is  just  one  part  of  a  broader  effort  by  this  Commission  to  ensure  the  protection  of  customer  proprietary  network  information  (“  CPNI”)  and  address  concerns  that 
 this  information  may  have  been  improperly  made  available  to  third  parties  in  violation  of  our  rules.  By  issuing  this  Notice  of  Apparent  Liability,  we  make  clear  that  we  will  not  tolerate 
 the  refusal  of  companies  such  as  data  broker  1  st  Source  Information  Specialists,  Inc.,  d/  b/  a/  LocateCell.  com  (“  LocateCell”)  to  cooperate  with  lawful  requests  for  information  related  to 
 alleged  violations  of  our  rules.  It  is  critical  that  we  take  a  firm  stand  against  those  that  would  obstruct  the  Commission’s  statutory  authority  to  investigate  matters  pertaining  to  CPNI. 


 LocateCell  is  not  the  only  company  from  which  the  Commission  has  sought  information.  Our  Enforcement  Bureau  has  been  actively  investigating  a  number  of  these  data 
 brokers,  many  of  which  have  advertised  the  availability  of  records  of  wireless  subscribers’  incoming  and  outgoing  telephone  calls,  as  well  as  certain  landline  toll  call  records,  for  a  fee. 
 The  Bureau  is  also  investigating  the  alleged  failure  of  carriers  to  certify  compliance  with  our  CPNI  rules,  and  is  vigorously  pursuing  non-  compliant  companies.  These  investigations  will 
 continue,  and  I  thank  the  Bureau  for  its  work  in  moving  these  initiatives  forward. 
 In  addition  to  these  investigatory  actions,  the  Commission  is  actively  engaged  in  a  rulemaking  that  examines  the  need  for  tougher  privacy  rules,  including  an  analysis  of 
 measures  proposed  by  the  Electronic  Privacy  Information  Center  (EPIC)  intended  to  more  adequately  protect  CPNI.  I  look  forward  to  closely  coordinating  with  my  colleagues  on  the 
 important  issues  under  consideration  in  this  related  proceeding. 
 The  depth  and  breadth  of  these  undertakings  illustrate  the  seriousness  with  which  the  Commission  views  its  role  in  ensuring  the  security  of  CPNI.  I  commend  the  Chairman  for 
 his  steady,  reasoned  leadership  on  these  multiple  fronts. 
 Like  most  Americans,  I  am  deeply  troubled  by  reports  of  companies  unlawfully  obtaining  and  marketing  personal  telephone  records.  The  Commission  has  a  vital  obligation 
 to  protect  the  privacy  and  security  of  customer  telephone  records  from  those  entities  that  would  seek  to  acquire  that  information  through  unlawful  means.  Improperly  exposing  call 
 records  –  which  indicate  who  is  being  called,  how  long  the  call  lasts,  and,  in  the  wireless  context,  the  physical  areas  within  which  a  given  call  is  placed  and  delivered  –  is  a  grievous 
 invasion  into  the  victim’s  personal  life. 
 We  cannot  compromise  our  ability  to  protect  customers’  private  telephone  records  from  unauthorized  disclosure.  We  will  not  tolerate  LocateCell’s  refusal  to  cooperate  with 
 our  investigation.  For  these  reasons,  I  support  today’s  decision  to  issue  a  Notice  of  Apparent  Liability  to  and  forfeiture  against  LocateCell. 
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