WASHINGTON - New rules that will soon require U.S. mobile phone companies to
track their customers in an emergency will use technology that opens up a host
of marketing opportunities, but also potential privacy headaches.
Marketers salivate when they think of sending targeted coupons and
advertisements to mobile phones that are carried near shopping areas, for
example. But the wireless phone companies, mindful that many customers despise
telemarketers who bother them at home, are approaching the technology
cautiously.
Companies like AT&T Wireless Group, among others, are developing an
``opt-in'' process that would allow marketing only where consumers give specific
consent, a privacy protection policy that is unusual among major U.S.
industries.
The ``opt-in'' stance of wireless companies is in stark contrast to the
``opt-out'' position of banks, which recently released a flood of mailings,
which their customers must return to avoid their personal data being used to
market products and services.
``The consumer will be the one who makes the decision,'' said Thomas Wheeler,
head of the Cellular Telecommunications & Internet Association (CTIA), the
main trade association for wireless companies.
While the financial rewards are tempting, the privacy nightmares are too
large for the wireless industry to ride roughshod over consumers' concerns,
experts said, resulting in the break with unfettered marketing in favor of
privacy standards normally seen only outside the United States.
Emergency 911 will begin more precisely pinpointing the location of callers
beginning Oct. 1 this year under Federal Communications Commission rules.
Full-blown commercial mobile location services are at least a year away.
Privacy experts say the location technology is troubling if it is there for
all calls. ``I think we're off to a good start with (the opt-in approach),''
said David Sobel, general counsel for the Electronic Privacy Information Center.
SOME WANT FORMAL RULES
The CTIA has a petition before the Federal Communications Commission seeking
rules to safeguard personal privacy with mobile phones, though it has not been
wholly embraced by all the group's members.
AT&T, Verizon Wireless (NYSE:VZ - news) (VOD.L) and Sprint PCS (NYSE:PCS
- news) have told the FCC it is premature to adopt rules governing location
privacy practices but if the agency decided to move ahead, the rules should
treat hand-held computers with wireless connections in the same way a mobile
phones.
CTIA's petition, if ultimately turned into formal rules, would require
wireless companies to notify customers about its data collection methods and
obtain consent before allowing that information to be used.
``It's not yet clear whether the FCC will accept the invitation to start a
proceeding'' that could lead to a required opt-in provision, Sobel told a recent
forum on location technology. ``Rules ultimately established must put the user
in control.''
But the Direct Marketing Association has urged the FCC to allow the industry
to regulate itself on privacy and warned that past attempts by the agency to
require an opt-in provision for customer consent was ruled unconstitutional.
``Our view is that it's still very early where the applications are,
therefore to try to set regulations might kill some applications we may want,''
said Jerry Cerasale, senior vice president for government affairs for the
marketing group.
DIALING FOR HELP
The FCC mandated improvements in location technology in recognition of the
increasing role of mobile phones in reporting emergencies -- about a third of
these calls daily.
While 911 emergency calls from a land line display an address on an
operator's computer screen, mobile callers must identify nearby landmarks or
have wireless companies trace the call to the closest cell tower for an
approximate location.
To resolve that problem, federal regulators ordered AT&T, Cingular
Wireless (NYSE:BLS - news) (NYSE:SBC - news), Verizon Wireless (NYSE:VOD - news)
(VOD.L) and others to upgrade their systems and for phone manufacturers to
include location devices.
By Oct. 1, companies will either have to begin selling handsets that are
equipped with locater devices or have to upgrade their networks so a caller's
location can be pinpointed by signal strength.
But the FCC left it up to carriers to figure out how to recoup costs for
providing location information to emergency agencies, opening the door for
revenue-making applications using the technology.
``There is a great hope for convenience and efficiency but in this case
people are fearing privacy may be eroding,'' said Stephen Carter, chief
executive of Cingular Wireless, the nation's second-biggest wireless carrier.
``We don't want to have to go back and fix it once we've started,'' he told a
recent forum on wireless location privacy. Plus, ``consumer excitement is just
not there yet.''
Asia and Europe have moved faster than the United States to develop so-called
mobile commerce services that allow consumers to check their bank accounts or
order pizzas through their mobile phones, but the two regions have different
ideas on privacy.
Already, Japanese consumers can download maps onto their wireless phones and
some Web-based service providers like Cybird Co. Ltd. (4823.Q) want to send
advertisements to consumers when they are near a store but privacy concerns have
not been often voiced.
Meanwhile in Scandinavia, mobile network operators continue to study
location-tracking services, but have been reluctant to make such services widely
available for fear of violating strong privacy laws guarding the release of
personal data.