	Introduction

Wireless communications devices—including mobile telephones, personal digital assistants (PDAs), pagers, and automobile-based services such as OnStar—are ubiquitous. The debate over wireless privacy in many ways parallels the debate over Internet privacy and Internet spam. One particular similarity is that the policy debate focuses on whether legislation is needed, or if industry can be relied upon to self-regulate. 106-81 ), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM, P.L. Consumers may list their cell phone numbers on the National Do Not Call Registry, but concerns persist about unwanted calls from telemarketers or others. The Telephone Consumer Protection Act (TCPA)

The 1991 Telephone Consumer Protection Act (TCPA, P.L. 102-243 ), inter alia , prohibits the use of autodialers or prerecorded voice messages to call cellular phones, pagers, or other services for which the person would be charged for the call, unless the person has given prior consent. The Wireless Communications and Public Safety Act (the "911 Act")

Since 1996, the FCC has issued a series of orders to ensure that users of wireless phones and certain other mobile devices can reach emergency services personnel by dialing the numbers 911. Because the technologies needed to implement E911 enable wireless telecommunications carriers to track, with considerable precision, a user's location any time the device is activated, some worry that information on an individual's daily habits—such as eating, working, and shopping—will become a commodity for sale to advertising companies, for example. In 1999, Congress passed the Wireless Communications and Public Safety Act ( P.L. §222), which establishes privacy protections for customer proprietary network information (CPNI) held by telecommunications carriers. Inter alia , the 911 Act added "location" to the definition of CPNI. As amended, the law determines those circumstances under which wireless carriers need to obtain a customer's prior consent to use wireless location information, and when prior consent is not required. The bill was signed into law by President Bush on December 16, 2003. The law required the FCC, in consultation with the FTC, to promulgate rules within 270 days of enactment to protect consumers from unwanted " mobile service commercial messages " ( MSCMs ). SAFE WEB Act

The Undertaking Spam, Spyware, and Fraud Enforcement With Enforcers beyond Borders Act (U.S. SAFE WEB Act, P.L. 109-455 ) is primarily concerned with "traditional" forms of spam via email. Specifically, the act permits the FTC and parallel foreign law enforcement agencies to share information while investigating allegations of "unfair and deceptive practices" that involve foreign commerce. This bill would enable wireless subscribers to keep their wireless telephone numbers unlisted, for free, if a directory assistance database for wireless subscribers were to be created.
Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or "spam," via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy.
In particular, federal requirements under the Enhanced 911 (E911) initiative to ensure that mobile telephone users can obtain emergency services as easily as users of wireline telephones, are driving wireless telecommunications carriers to implement technologies that can locate a caller with significant precision. Wireless telecommunications carriers then will have the ability to track a user's location any time a wireless telephone, for example, is activated. Therefore some worry that information on an individual's daily habits—such as eating, working, and shopping—will become a commodity for sale to advertising companies. As consumers walk or drive past restaurants and other businesses, they may receive calls advertising sales or otherwise soliciting their patronage. While some may find this helpful, others may find it a nuisance, particularly if they incur usage charges.
As with the parallel debates over Internet privacy and spam, the wireless privacy discussion focuses on whether industry can be relied upon to self-regulate, or if legislation is needed. Three laws already address wireless privacy and spam concerns. The 1991 Telephone Consumer Protection Act (TCPA, P.L. 102-243) prohibits the use of autodialers or prerecorded voice messages to call wireless devices if the recipient would be charged for the call, unless the recipient has given prior consent. The 1999 Wireless Communications and Public Safety Act (the "911 Act," P.L. 106-81) expanded on privacy protections for Customer Proprietary Network Information (CPNI) held by telecommunications carriers by adding "location" to the definition of CPNI, and set forth circumstances under which that information could be used with or without the customer's express prior consent. The 2003 Controlling the Assault of Non-Solicited Pornography and Marketing Act (the CAN-SPAM Act, P.L. 108-187) required the Federal Communications Commission (FCC) to issue rules to protect wireless subscribers from unwanted mobile service commercial messages (they were issued in August 2004). Consumers also may list their cell phone numbers on the National Do Not Call Registry.
Most recently, the 109th Congress passed the Undertaking Spam, Spyware, and Fraud Enforcement With Enforcers beyond Borders Act of 2005 (U.S. SAFE WEB Act); the bill was signed into law on December 22, 2006 (P.L. 109-455). The bill would allow the FTC and parallel foreign law enforcement agencies to share information while investigating allegations of "unfair and deceptive practices" that involve foreign commerce. Congress continues to debate how to protect the privacy of wireless subscribers, primarily in the areas of CPNI, wireless location data, and proposed wireless directory assistance services.