Private eyes are watching you: with the implementation of the E-911 mandate, who will watch every move you make?(Telecommunicati

(76.) Futch & Soares, supra note 57, para. 9.

(77.) FTC, Privacy Initiatives, Enforcing Privacy Promises: Section 5 of the FTC Act, http://www.ftc.gov/privacy/ privacyinitiatives/promises.html (last visited Apr. 22, 2006) [hereinafter Privacy Initiatives].

(78.) Interview with Fred Cate, Professor, Indiana University--Bloomington School of Law, Director, Center for Applied Cybersecurity Research, in Bloomington, Ind. (Feb. 24, 2005).

(79.) Privacy Initiatives, supra note 77.

(80.) White, supra note 25, at 29. Notice the similarities to the CTIA petition, which address the first four principles in its petition, to the FCC. CTIA Request, supra note 12 (statement of Michael J. Copps, Comm'r, dissenting).

(81.) White, supra note 25, at 29.

(82.) Id.

(83.) PUBLIC WORKSHOP, supra note 10, at 23.

(84.) White, supra note 25, at 29-30.

(85.) PUBLIC WORKSHOP, supra note 10, at 16. The wireless carrier must receive the location information, and often third-party service providers must have the location information in order to provide the location-based service that the customer has requested.

(86.) Id.

(87.) White, supra note 25, at 30.

(88.) Id.

(89.) FTC, PRIVACY ONLINE: FAIR INFORMATION PRACTICES IN THE ELECTRONIC MARKETPLACE 17-18 (2000), http://www.ftc.gov/reports/privacy2000/privacy2000.pdf [hereinafter PRIVACY ONLINE].

(90.) White, supra note 25, at 30.

(91.) PUBLIC WORKSHOP, supra note 10, at 17.

(92.) See id. at 18.

(93.) Jonathan Krim & Robert O'Harrow, Jr., Data Under Siege: ID Thieves Breach LexisNexis, Obtain Information on 32,000, WASH. POST, Mar. 10, 2005, at El.

(94.) Id.

(95.) PRIVACY ONLINE, supra note 89, at 4-5, 20. The PTC has five principles for analyzing security issues (notice, choice, access, security, and enforcement), the four above are the first four of the five discussed. Enforcement is the fifth principle, which is used to regulate the previous four principles.

(96.) Id. at 4.

(97.) See Gateway Learning Corp, Decision and Order, Dkt. No. C-4120 (Sept. 10, 2004), http://www.ftc.govloslcaselist/0423047/040917do0423047.pdf.

(98.) See U.S. West, 182 F.3d at 1230. The statutory protection requires "express prior authorization," ie: "opt-in" consent, however, with the holding in U.S. West, this may be unconstitutional, so one is left with the "opt-out" standard.

(99.) Cate, supra note 20, at 3, 4.

(100.) 47 U.S.C. [section] 222(b).

(101.) See generally 47 U.S.C. [section] 222.

(102.) PUBLIC WORKSHOP, supra note 10, at 10.

(103.) Conboy v. AT&T Corp., 241 F.3d 242, 250-51 (2d. Cir. 2001).

(104.) Traupman, supra note 19, at 152.

(105.) Id.

(106.) Id.

(107.) Id.

(108.) Id.

(109.) Press Release, FTC, Gateway Learning Settles FTC Privacy Charges (July 7, 2004), http://www.ftc.gov/opa/2004/07/gateway.htm.

(110.) Id.

(111.) Id.

(112.) Id.

(113.) Traupman, supra note 19, at 152.

(114.) Furthermore, a consumer that had a cell phone before the E-911 mandate must now give up his or her anonymity to continue to enjoy the other benefits of cell phone use.

(115.) 47 U.S.C. [section] 222(c)(2).

(116.) The FTC Web site lists the cases that have been settled. Professor Cate says that all of the actions brought by the FTC under Section 5 of the Act for violations of a Web site's privacy statement have settled. FTC, Enforcement, http://www.ftc.gov/privac/privacy initiatives/promises_enf.html (last visited Apr. 26, 2006).

(117.) See, e.g., Bartnicki v. Vopper, 532 U.S. 514, 529-30 (2001) (holding that once illegally obtained information is possessed by a law abiding citizen, only in rare cases will the law abiding citizen be prevented from freely sharing the information with the public).

(118.) For example, an independent research firm found that "in 2002 an average of .3% of Yahoo users read its privacy policy. Even at the height of the publicity firestorm created in March 2002 when Yahoo changed its privacy policy to permit advertising messages by email, telephone and mail, that figure rose only to 1%." Cate, supra note 20, at 19 (citing Saul Hansell, Compressed Data: The Big Yahoo Privacy Storm That Wasn't, N.Y. TIMES, May 13, 2002, at C4).

(119.) PUBLIC WORKSHOP, supra note 10, at 16.

(120.) Id. at 17.

(121.) Id.

(122.) Laurie Thomas Lee, Can Police Track Your Wireless Calls? Call Location Information and Privacy Law, 21 CARDOZO ARTS & ENT. L.J. 381, 405 (2003).

(123.) PUBLIC WORKSHOP, supra note 10, at 3, 7.

(124.) Lee, supra note 119, at 405; Jon Van, Privacy a Problem with Locator Phones, CHI. TRIB., Jan. 24, 2004, at C3.

(125.) PUBLIC WORKSHOP, supra note 10, at 16.

(126.) Wikipedia, Mobile Phone, http://en.wikipedia.org/wiki/Cell_phone (last visited Apr. 19, 2006).

(127.) Cate, supra note 20, at 5-6.

(128.) Id. at 18.

(129.) 47 U.S.C. [section] 551(c)(1). This language was taken from the Cable TV Act. The language provides clear and concise requirements and is a similar strict liability, privacy statute.

(130.) 47 U.S.C. [section] 551(e).

Geoffrey D. Smith, B.S. 1996, Purdue University; J.D. Candidate, Indiana University School of Law Bloomington. I would like to thank my family and friends for their support and the Editorial Board of the Federal Communications Law Journal, for its assistance throughout the writing process.

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