salex@central.cis.upenn.edu (Scott Alexander) (11/11/89)
The decision was made yesterday regarding Caller ID in Pa. Here's the text of the [Philadelphia Inquirer] article about it. One thing that I felt the article didn't make clear is that the administrative judge's recommendation was that Caller ID be made available with optional blocking on a per call basis. He felt that this would not infringe on the wiretap law. From The Philadelphia Inquirer, 10 November 1989: Caller ID is Approved With Slight Changes by Larry Fish, Inquirer Staff Writer Despite warnings that some lives might be endangered, the Pennsylvania Public Utility Commission yesterday voted to allow Bell of Pennsylvania to offer Call ID, a service that allows customers to see the phone numbers of callers before answering the phone. On a 3-to-1 vote, the PUC made only minor modifications in plans for Caller ID, which vice chairman William H. Smith described as a valuable service to help fire and ambulance companies save lives and to discourage obscene phone calls and false alarms. But commissioner Joseph Rhodes Jr., who wanted to permit Caller ID only if telephone subscribers could protect their privacy by being able to block identification, said in a statement that he feared that "unblockable Caller ID will sooner or later cause the death or serious injury of persons who have good reason to keep the identity of their calling numbers anonymous." For instance, critics fear that it would deter people from calling suicide, AIDS, or domestic-violence hotlines. In voting to allow Caller ID, the commission disregarded the findings of one of its own administrative law judges, who ruled in September that the service should be blockable, and also disregarded much of the testimony at public hearings on the issue. The commsision voted to require Bell to modify its plans for Caller ID so that "private, nonprofit, tax-exempt, domestic-violence-intervention agencies," the home phones of their staff members and law-enforcement personnel could get free call blocking if they wanted it, so their calls would not be traceable. Under the PUC's order, no other Pennsylvanian would be able to get call-blocking. Critics also fear that provision could discourage people from giving anonymous tips to police, newspapers or other investigators. "I'm very concerned about this. It doesn't seem logical to extend blocking to domestic-violence shlters and not extned it to rape-crisis hotlines." said Karen Kulp of Women Organized Against Rape in Philadelphia. "It may cause some people not to call." To deal with such problems, the PUC's order requires Bell to help social agencies advertise the fact that they do not use Caller ID. Bell has seven days to modify its plan to meet the PUC order, a timetable that the company said it could meet. The commission then has one day to review the changes, after which Bell would be free to offer it. Bell plans to charge $6.50 a month for Caller ID. Users would have to buy a device to display the incoming phone number, at a cost of about $70. A Bell spokesman yesterday said that it most likely would be about Jan. 1 before Caller ID became available. But some opponents may try to derail Caller ID in court before then. Rhodes, a former legislator who helped draft Pennsylvania's Wiretap Law, has said that Caller ID violated one of its provisions, and a challenge could come on that ground. Dan Clearfield, senior assistant in the state Consumer Advocate's office, said that the commission "only addressed a tiny percentage of the problems" with Caller ID. He said that "we plan to study it carefully." If the consumer advocate decides to challenge the decision, he said, it could either ask the commsision to reconsider or it could appeal to Commonwealth Court. Barry Steinhardt, executive director of the American Civil Liberties Union in Philadelphia, said that "we intend to pursue the subject," though he did not yet know what course would be taken. "We believe that Caller ID in the hands of the general public will result in a signficant invasion of privacy," Steinhardt said. Both sides of the Caller ID issue have claimed to be preserving privacy and protecting lives. Bell and others favoring Caller ID say that the service can speed emergency teams to someone calling for help, and that it can discourage obscene or nuisance calls. They also point out that subscribers can choose not to answer the phone calls from numbers they do not recognize, discouraging telemarketers, for instance. Opponents cite, in addition to their concerns about crisis-hotline calls, the prospect that businesses might use Caller ID to compile lists of potential customers. Others point out that some Bell customers are charged extra for unpublished phone numbers, and that Caller ID would circumvent that service. Caller ID, without blocking, has been offered for about two years in northern New Jersey, and was recently introduced in Virginia, West Virginia, and Maryland. Bell says none of the dangers its critics fear has developed in those areas. Opponents say there has not been enough experience to judge. Scott Alexander salex@cis.upenn.edu