Why the Telcos Could Be On the Hook For Billions

4 Responses

1. 1

   Magis 5.15.2006 at 9:47 am | Permalink

   I almost missed this one. Good work zuzu!
   How would this fit in with Freedom of Information?
   Would they simply ignore the requests because of National Security.

2. 2

   zuzu 5.15.2006 at 10:02 am | Permalink *

   From what I understand, Qwest ignored the requests because their lawyers concluded that they were illegal.

3. 3

   Magis 5.15.2006 at 10:26 am | Permalink

   Do I have a right to demand of my service provided to whom they have given my information?

4. 4

   zuzu 5.15.2006 at 10:36 am | Permalink *

   Looks like the statute gives you a private right of action, and info like that tends to come out in discovery:

   2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”

   I don’t think FIFA would get you anywhere, since the telcos aren’t government entitites. Also, I’m not sure if “individual violation” refers to a per-customer or per-incident right of action. IOW, I can’t tell just from this if your recovery is limited to $1000 for all violations, or if you can get the $1000 for each time the telco recorded your calls.

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