WASHINGTON, D.C. – Representative Edward J. Markey (D-Mass.), former Chairman and current senior member of the Communications, Technology and the Internet Subcommittee and author of Section 222 of the Communications Act relating to the privacy of cell phone consumers’ personal information, today issued the following statement following oral arguments in a case before U.S. Court of Appeals for the Third Circuit on disclosure of individuals’ cell phone information to the government:

“The case currently before the Court is a significant test of the privacy protections afforded users of the more than 270 million cell phones in our country,” said Markey. “There is no dispute that information gleaned from cell phone usage should be accessible for law enforcement purposes. However, the disclosure of such personal information should occur only if authorities can demonstrate that there is probable cause that the information would provide evidence of a crime.

“I fundamentally disagree with the government’s position in arguing that consumers have no reasonable expectation that their cell phone locational data would be kept confidential.  Consumers view their cell phones as a telecommunications - not a tracking - device. Accordingly, consumers expect that they are entitled to reasonable privacy protections when they use their phones. 

 
“As the author of the telecommunications privacy policies included in the Communications Act that established such reasonable protections by requiring the consumer’s affirmative consent, or “opt-in” before their location information could be sold or shared with others, I am concerned about any erosion of these safeguards. I will be closely monitoring developments in this area to ensure that the public is not subjected to government surveillance or monitoring of their movements without just cause, and backed by a warrant or order from the appropriate court.”