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HomeMy WebLinkAboutTime Warner Cable Complaint . ............. CITY OF PALM DESERT �f COMMUNITY SERVICES/ASSISTANT CITY MANAGER Zb _-4,0 , STAFF REPORT REQUEST: Time Warner Cable Complaint DATE: May 24, 2001 Recommendation: By Minute Motion, receive and file. Summary: At its meeting of May 10, 2001, the City Council requested additional information relating to the letter it received from Susan Marie Weber. Ms. Weber expressed concern that a customer must give Time Warner their Social Security Number in order to obtain service. Attached is a response from William B. Rudell, Special Counsel, Richards, Watson and Gershon. Submitted By: CITY COUNCIL ACTION: APPROVED DENIED ?- -- RECEIVED Qt . 1 L all OTHER _ors, S EILA R. G LIGAN MEETING DATE AYES: K, '�ir ` u_44,,J Approval: NOES: nnq�e- ABSENT: [ r,a „ ABSTAIN: nAetwa__ A VERIFIED BY: ems , Au 1_ / Original on File with C:tv C rk's City 9 Mana er Office SRG:RK:kr RICHARDS , WATSON & GERSHON MEMORANDUM VIA FEDERAL EXPRESS TO: Sheila R. Gilligan FILE N o: P6401-1030 Assistant City Manager for Community Services FROM: William B. Rude11, Special Counsel DATE: May 15, 2001 RE: Cable Operator's Request for Social Security Number As you requested,we have reviewed the complaint letter to the City Council dated May 1, 2001, and the response from Time Warner Cable dated May 9, 2001. We have also confirmed with a representative of Time Warner Cable that a reliable form of identification, other than a Social Security number, will be accepted when a customer is requesting only basic service,which does not require the lease of additional equipment, such as a converter box. We have found no provisions of state or federal law that prohibit a cable operator from requiring a prospective subscriber to provide a Social Security number in connection with an agreement to provide cable service. There are,however, extensive disclosure requirements and limitations that are imposed both by federal and state law in connection with"personally identifiable information,"which we construe to include Social Security numbers and driver's license information. Attached is an excerpt from the Multichannel Video Compliance Guide entitled "Customer Privacy Rights." This excerpt summarizes the relevant provisions of 47 United States Code Section 551,which is entitled"Protection of Subscriber Privacy." Also attached is the full text of 47 United States Code Section 551. As you will note, a cable operator is required under Section 551(a)(1)to provide to subscribers, at the time of entering into an agreement to provide any cable service"or other service,"and at least once a year thereafter, a clear and conspicuous written notice setting forth statutorily required information. We have attached a copy of the "Subscriber Privacy Notice"that we understand is provided by Time Warner Cable to its subscribers upon initiation of service and thereafter on an annual basis. You will note that Time Warner Cable's "Subscriber Privacy Notice"refers to Section 637.5 of the California Penal Code. A copy of this statute is also enclosed. These Penal Code provisions also impose restrictions on a cable operator's use of"individually identifiable information"and provide for a fine or imprisonment for violations of the section. P6401\1030\654762.1 Sheila R. Gilligan May 15, 2001 Page 2 I trust that the enclosed information will be of assistance to City staff and to the City Councilmembers in responding to the complaint that has been received regarding disclosure of a Social Security number. Please advise me if there are any questions or comments concerning the attached documents. Enclosures P6401\1030\654762.1 Consumer Protection and ;tomer Service ¶840 11840 Customer Privacy Rights The Communications Act provides extensive privacy protection for subscribers of cable service (47 U.S.C. §551). In writing the 1992 Cable Act, Congress took steps to guarantee that privacy were extended to any subscriber who receives communication services from a cable operator or through new technology, such as wire and radio, where the cable operator's facilities that also provide cable service are used. Lawmakers, particularly in the House of Representatives, expressed concern that as communications technology becomes more diverse and sophisticated, privacy rights should be reinforced (H.Rpt. 102-628, p. 106). In passing the 1996 Telecommunications Act, Congress extended the application of the privacy provision to operators of open video systems (see 7260). 11841 Privacy Requirements for Cable Operators Under the Communications Act, cable operators must protect the privacy of their subscribers. Operators are not prohibited from collecting "personally identifiable information" about their subscribers (§551(a)(1)(A)). However, they must first get the subscriber's written or electronic consent before doing so if they need the information for reasons other than providing the sub- scriber cable service. Further, the act requires operators to take certain steps to let subscribers know what informa- tion is being collected and how it is used (including restrictions on that use), and gives customers rights and remedies to redress the unlawful use of personal information. Personally identifiable information does not include "any record of aggregate data which does not identify particular persons." Privacy notice At the time of a subscription and annually thereafter, operators are required to notify subscrib- ers in writing (§551) about their privacy rights. The notice must include: • what type of personally identifiable information is being collected and how it is being used; • how often and for what purpose the information is disclosed, including the types of persons to whom it is being disclosed; • the period during which the operator will maintain the information; • when and where a subscriber can have access to the information; • the statutory limitations on the use of personal information with which the operator must comply; and ©Thompson Publishing Group, Inc. July 1996 Tab 800 • Page 39 • 11841 Consumer Protect and Customer Service • the right of subscribers to enforce privacy rules. • Allowable and unauthorized uses of personal information Cable operators are allowed to collect personal data over the cable system to obtain informa- tion necessary to render cable service to the subscriber and detect cable theft (§551(b)(2)). Opera- tors are barred from disclosing personal information without prior consent from the subscriber and must take steps to prevent the unauthorized use of such information by persons other than the subscriber or operator. Cable operators can disclose personal information if the disclosure is used to (§551(c)(2)): • conduct a legitimate service provided by the operator to the subscriber; • comply with a court order (after giving the subscriber prior notice); or • provide the subscriber's name and address only (and only if the subscriber has the opportu- nity to prohibit or limit the release of information and the disclosure does not reveal viewing habits or service transactions). This disclosure is typically used for mailing lists (H.Rpt. 98-934, p. 78). 11842 Expanded Coverage under the 1992 Act The 1992 statute expands the definition of cable operator and other services in the Communi- cations Act that are covered by the privacy provisions. Specifically, the act states that "other service" includes "any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service" (§551(a)(2)(B)). Literally, the 1992 act can be read to extend to any communications service provided over a cable system, such as personal communications services, voice and two-way data. However, the House Energy and Commerce Committee reported that "other services" is not intended to apply to services that are wholly divorced from cable service (H.Rpt. 102-628, p. 106). Rather, it applies to any service that makes use of the facilities or equipment of the cable operator that are related to cable service. The definition of cable operator in the Communications Act, with respect to its privacy re- quirements includes "in addition to persons within the definition of cable operator in section 522, any person who (i) is owned or controlled by, or under common ownership or control with, a cable operator, and (ii) provides any wire or radio communications service." (See Tab 200, for the definition of cable operator. See also 47 U.S.C. §522(5).) Congress added this provision to ensure that affiliates of cable operators do not evade the privacy protections merely because they do not offer cable per se. As an example, the House Energy and Commerce Committee said a separate subsidiary of a cable operator that offers radio communications should be subject to the privacy requirements, as should a wire communications • company that owns a cable operator (H.Rpt. 102-628, pp. 106-107). Page 40 • Tab 800 July 1996 Multichannel Video Compliance Guide • Consumer Protection and tomer Service 11843 10 11843 Subscriber Rights and Remedies Cable subscribers enjoy certain rights regarding the use of personal data under the Communica- tions Act, and are entitled to remedies if a cable operator misuses the information. Subscribers must have access to all information about them that an operator maintains (§551(d)). Personal information must be made available at reasonable times and at a convenient location, and subscribers must have the opportunity to correct errors in the information collected about them. Operators are required to destroy personal information once it is no longer needed and there are no pending requests for the information (such as from a court order) (§551(e)). Remedies for violations Individuals can sue cable operators in federal court for violations of the privacy protection provisions. Courts can award as remedies actual damages (but not less than liquidated damages of $100 a day for each day of the violation or $1,000, whichever is higher), punitive damages and attorneys' fees. 91844 Provisions for Government Entities 111 Nothing in the Communications Act is intended to prohibit states or franchising authorities from enacting or enforcing laws to protect subscriber privacy (consistent with the federal provision) (§551(g)). Governmental entities can obtain personal information about a cable subscriber pursuant to a court order, as long as the entity offers "clear and convincing evidence" that the individual in question is suspected of criminal activity and the information being sought would be material evidence in the case. Further, the subscriber must be given the opportunity to contest the court order before the information can be released. The conference report on the 1992 act notes that limitations are not intended to prevent local franchising authorities or the Federal Communications Commission from obtaining personal infor- mation to carry out any obligations under the Communications Act (H.Rpt. 102-862, p. 94). However, in its regulations pertaining to technical standards (Cable Television Technical and Operational Requirements, FCC 92-508 (released Nov. 24, 1992)), the FCC declined to acknowl- edge that the act's privacy disclosure provisions applied to franchising authorities (Ibid, para. 39). The FCC required, in deference to the nondisclosure provisions, that all subscriber complaint information be submitted in the aggregate without personally identifiable information of any sub- scriber (Ibid, para. 39). [The next page is Tab 800, Page 491 ©Thompson Publishing Group, Inc. July 1996 Tab 800 • Page 41 Ch. 5 CABLE COMMUNICATIONS 47 § 551 Encyclopedias Regulation and operation of cable television systems, see C.J.S. Telegraphs, Telephones, Radios, and Television §§ 316.1, 316.2. WESTLAW ELECTRONIC RESEARCH Telecommunications cases: 372k[add key number]. See, also, WESTLAW guide following the Explanation pages of this volume. PART IV—MISCELLANEOUS PROVISIONS § 551. Protection of subscriber privacy (a) Notice to subscriber regarding personally identifiable information; "personally identifiable information" defined (1) At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of— (A) the nature of personally identifiable information collect- ed or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identifi- cation of the types of persons to whom the disclosure may be made; (C) the period during which such information will be main- tained by the cable operator; (D) the times and place at which the subscriber may have • access to such information in accordance with subsection (d) of this section; and (E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) of • this section to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provid- ed within 180 days of such date and at least once a year thereafter. (2) For purposes of this section,other than subsection(h)of this section (A) the term"personally identifiable information"does not include any record of aggregate data which does net identify particular persons; (B) the term"other service"includes any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and (C) the term "cable operator",includes, in addition to persons within the defini- tion of cable operator in section•522-of this title, any person who (i) is owned or controlled by,or under common ownership or control-with,a cablenperator;and(ii) provides any wire or radio communications service • (b) Collection of personally identifiable information using cable system (1) Except as provided in paragraph (2), a cable operator shall not use the cable system to collect personally identifiable informa- tion concerning any subscriber without the prior written or elec- , tronic consent of the subscriber concerned. (2) A cable operator may use the cable system to collect such information in order to— (A) obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or (B) detect unauthorized reception of cable communications. (c) Disclosure of personally identifiable information - i (1) Except asp provided in paragraph(2),a cable operator shall not disclose pe identifiable information concerning any subscriber without the prior written or elec 1, consent of the subscriber concerned and shall take such actions as are necessary prevent unauthorized access to such information by a person other than the subscrl or cable operator (2) A cable operator may disclose such information if the disclo- sure is— - (A) necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber; > _ (B) subject to subsection (h) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or • (C) a disclosure of the names and addresses of subscribers to any cable service or other service, if— (i) the cable operator has provided the subscer the `' opportunity to prohibit or limit such disclosure, ``an >> (ii) the disclosure does not reveal, directly or indirectly, the— (I) extent of any viewing or other use by the sub- ,,, scriber of a cable service or other service provided by - the cable operator, or • (II) the nature of any transaction made by the sub- scriber over the cable system of the cable operator. , (d) Subscriber access to information - A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collect- ed and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a ' ;: convenient place designated by such cable operator. A cable sub - scriber shall be provided reasonable opportunity to correct any . :_ error in such information. 640 A i Ch. 5 CABLE COMMUNICATIONS 47 § 551 (e) Destruction of information A cable operator shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) of this section or pursuant to a court order. (f) Civil action in United States district court; damages; attorney's fees and costs; nonexclusive nature of remedy (I) Any person aggrieved by any act of a cable operator in violation of this section may bring a civil action in a United States district court. (2) The court may award— (A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs rea- sonably incurred. (3) The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber. (g) Regulation by States or franchising authorities Nothing in this subchapter shall be construed to prohibit any State or any franchising authority from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. (A) Disclosure of information to governmental entity pursuant to court order A governmental entity may obtain personally identifiable infor- ation concerning a cable subscriber pursuant to a court order nly if, in the court proceeding relevant to such court order— (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging • in criminal activity and that the information sought would be material evidence in the case; and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. une 19, 1934, c. 652, Title VI, § 631, as added Oct. 30, 1984, Pub.L. 549, § 2, 98 Stat. 2794.) HISTORICAL AND STATUTORY NOTES don Notes and Legislative Reports see 1984 U.S.Code Cong. and Adm.News, 1984 Act. House Report No. 98-934 p. 4655. Statements by Legislative Leaders, 641 Collectionand Use of Personally Identifiable without the prior written or electronic consent of SUBSCRIBER PRIVACY NOTICE 1. Information subscribers only if: (1)it is necessary to render, or conduct a legitimate business related the services The followinge Division is providedior by Time Warner In order that we may provide service to you and that are provided to you; (2)su ch disclosure to,the is Cable, s regarding Cities dng personally identifiable inform you information our o erate efficiently,we collect the following types of required by law or legal process as described below; practices regcollec aof rdingcale P that maybe collected in the course of providing cable information about you that may constitute personally or(3)for mailing lists as described below. The types identifiable information: your name,home and work of persons to whom information about you may be te service Cable you. This Notice is being provided (theher address,telephone numbers,social security number, disclosed in the course of providing cable service to the Communications Policy Act of 1984 and credit information. Depending on the services we you include the employees of Time Warner Cable, 'Cable Act')and Section 637.5 of the California Penal provide to you,our records also may include Desert Cities Division and its related legal entities, Code(the "Statute"). information on billing,payment,damage and security agents,repair and installation subcontractors,sales Noticepertains only to personally deposit, maintenance osen and the number of converterairs,the service s options reservices and credits,accountant,eport ng agencies,and ccoollection This have chosen,identifiable information about you that you have you furnished d to us,or that w have collected, to you. in order ather keepp)records of research oncerrning subscriber of governmentalfirms, bod dies. upond ta Ives also that we may provide cable service to you. Personally satisfaction with the service,which arc obtained from request,personally identifiable information is identifiable does information not identify does you. include aggregate subscriber interviews and questionnaires. disclosed to persons or entities with an equity Desert nterest data that not identify It also does notd Additionally,we may have a record of whether you in legal entities related to Time Warner Cable, include in information n about you that is service or other rent or own your home in the event that landlord Cities Division when they have a legal right to inspect than the course of providing cable service that is permission is required prior to installing our cable our books and records. obtained from publicly available sources. facilities. We also maintain subscriber The Cable Act and the Statute pertain to such correspondence. Finally,we may sometimes obtain Information for billing purposes is generally personallyi entifiable information to the extent it is from third parties publicly available information about provided on a monthly basis. Information for other acted redb d our subscribers that is not personally identifiable purposes is provided as it is needed. dire you to,or collected by,Time Warner information under the Cable Act or the Statute. Cable,Desert Cities,Division within Time Warner Unless you object,the Cable Act and the Statute Cable,Desert Cities Division's operations. The personally identifiable information described also permit us to disclose phersonally identiand fiable in the preceding paragraph is used for purposes such mail or to others,such for non cable advertisers as related purposes. irect Six areas are covered personally this Notice: as the following: to make sure you are b g 1. Theo namade c llecteab t identifiable properly for the about Time Warner Cablend ,, for purposes Under the otlher than as descrbed in the preceding disclosures we use i ected about you and the way pertinent information „ we use such information; Desert Cities Division services;to improve the quality two paragraphs and in Section 3 of this notice is of Time Warner Cable,Desert Cities Division's limited to the following"mailing list information": ress 2. The nature, hick frequency,and purpose of any services; to answer to ensure compliance eonS from swi hers such relevant as your name,television subscr .beta Mand iling list e fact hat you are a information cannotb disclosure which we may make of such troubleshooting; information; law and contractual provisions;and for tax and include the extent of your viewing habits or use ofa accounting purposes. make over the cable system. n may disclose such e 3. Disclosure of information to governmental entities and through legal process; Under the Cable Act and the Statute,we also may mailing list information from time to time, In collect personally identifiable information ovyer our addition,such disclosures may include publicly e 4. Tuc period af time we will maintain system without your to ryou, sent ortoff it is prevent essaryoorized is not personally identif abeion we obtain nformatton.dlf you wish such information; provide services P to have us remove information about you from our access to services or subscriber data. 5. The times and place you may have access to trailing list information,please notify us in writing at our collection of such information;and 2. Disclosure of Personally identifiable Information tD he v syon.m office at Time Warner Cable,Desert Cities 6. Your rights under the Cable Act Personally identifiable information that we maintain related to our subscribers will be disclosed and the Statute. ` 7841.19202 _ • 3. Disclosure of Information to Government 6. Your Rights Under theCable Act and the Statute . 4 , 1 Entities and Other Legal Process The Cable Act and the Statute provide you with a • Federal law requires us to disclose personally cause of action for damages in court should you ILO ''• identifiable information to a governmental entity or believe that any of the limitations on the collection, . other third party pursuant to a court order. If the disclosure,and retention of personally identifiable Special court order is sought by a governmental entity,the information have been,violated by us. You may also p Cable Act and the Statute require that you be afforded be able to recover attorneys'fees and costs.The Information the opportunity to contest in court any claims made in Subscriber Agreernertt applicable to you may provide support of the court order sought. At such a that,to the extent permitted by law,any claims that :' For Time proceeding,the Cable Act requires the governmental you have under the Cable Act will be decided in 0 entity to offer clear and convincing evidence that the arbitration and attorneys'fees and punitive damages subject of the information is reasonably suspected of will not be available. Z Warner engaging in criminal activity and that the information. sought would be material evidence in the case. In Cable addition, pursuant to an administrative subpoena, state welfare agencies may obtain the names and CUSTOMER SERVICE Customers addresses of individuals as they appear in the subscriber records of cable companies with respect to Banning Office those who owe,or are owed,welfare support. Such information may be obtained without a court order (800) 964-2783 eg% : and does not require that a subscriber be given notice > . of and the opportunity to contest the disclosure. CUSTOMER SERVICE 4. Time Period That We Retain Personally Identifiable Information Desert Cities Office CleWe maintain personally identifiable information 41-725 Cook Street about our subscribers for as long as it is necessary for j Palm Desert, CA 92211 a our business purposes. This period of time lasts as • (760) 340-2225 long as you are a subscriber and up to fifteen additional years so that we can comply with tax and accounting requirements. CUSTOMER SERVICE • 5. Access to Records I Paim Springs Office Under the Cable Act,you have the right to 810 N. Farrell Drive inspect our records that contain personally identifiable information about you and correct any errors in such Palm Springs, CA 92262 .- • information. If you wish to inspect our records,please (760) 320-8810 notify us in writing and an appointment at our local • business office will be arranged promptly during our regular business hours. TIME WARNER CABLE • i 11/99 1 DEERING'S PENAL §637 'riminal Law (2d ed) exceeding one year, or by fine not exceeding which examines or records in any manne oice 9; Cal Jur 3d (Rev) five thousand dollars ($5,000), or by both fine prints or other voice stress patterns of :nother 83, 1986, 1988. and imprisonment. Added Stats 1967 ch 1509 person to determine the truth or falsit of state- 1901 ch 50 §4. 1. § 1.Amended Stats 1976 ch 1139 §261,opera- ments made by such other person wi out his or Stats tive July 1, 1977. her express written consent given ' advance of I. § Repealedthe examination or recordation. 421) p 511. See F & • Witkin & Epstein, Criminal Law (2d ed) §1122; Cal Jur 3d(Rev) Criminal Law§1990. (b)This section shall not apply • any peace of- ficer, as defined in Section 83►,while he is car- 911 ch 405 § 1. Re- §637.1. Opening of wire communication. rying out his official duties. (F & G C § 1421) p Every person not connected with any telegraph (c)Any person who has b- n injured by a viola- o CD related to restrictions or telephone office who, without the authority tor of this section may 'ng an action against n mine River. or consent of the person to whom the same may the violator for his ac .1 damages or one thou- 931 ch 490 § 1. Re- be directed,willfully opens any sealed envelope sand dollars ($1,I I i , whichever is greater. (F & G C § 1421) p enclosing a telegraphic or telephonic message, Added Stats 1978 1251 § 1. related to restrictions addressed to another person,with the purpose of apistrano Point. learning the contents of such message, or who Imo Witkin Su ,ry(9th ed) Torts§581; Cal fraudulently represents another person and Jur 3d (Rev) •ssault and Other Wilful Torts 1913 ch 567 § 1. thereby procures to be delivered to himself any §120; Crimi ,l Law§1991. 42 § 1.Repealed Stats telegraphic or telephonic message addressed to , ;aled section related to such other person, with the intent to use, de- §63.7.4. .•lygraph examination of com- in Monterey Bay. stroy, or detain the same from the person en- plaining 'tness. (a) No state or local govern- and use of public titled to receive such message, is punishable as mental ency of involved in the investigation or munication.Anyprovided in Section 637. Added Stats 1968 ch prosec•tion of crimes,or any employee thereof, per- 1509 § 1. shall equine or request any complaining wit- sender,who intercepts ne ., in a case involving the use of force, .rvice communication, to Witkin & Epstein, Criminal Law (2d ed) v'.lence, duress, menace, or threat of great Ly other means,for the §§746, 1122; Cal Jur 3d (Rev).Criminal Law .••ily harm in the commission of any sex of- imunication to assist in §1990. fense, to submit to a polygraph examination as inal offense or to avoid a prerequisite to filing an accusatory pleading. iviction,or punishment §637.2. Damages; Injunctive relief. (a) A (b) Any person who has been injured by a erson he or she knows person who has been injured by a violation •f violator of this section may bring an action ; commission of any this chapter may bring an action agains the the against the violator for his actual dama es or istence, contents, sub- person who committed the violation f• g g meaning of that com- greater of the following amounts: one thousand dollars ($1,000), whichever is le offense with the in- (1)Five thousand dollars($5,000). greater. Added Stats 1980 ch 880 § 1. avoid or escape from (2) Three times the amount of actu• damages, 1"► Witkin Evidence(3d ed) §884; Cal Jur 3d mr punishment is guilty if any, sustained by the plaintiff. (Rev) Assault and Other Wilful Torts §120; (b)Any person may,in accordan•- with Chapter Criminal Law§1992. ;hall preclude prosecu- 3 (commencingwith Section 5 5) of Title 7 of •Section 31 or 32. §6�'JS. Prohibited acts by cable television Part 2 of the Code of Civil ' • edure,bring an corporation or lessee; Punishment. (a) No " public safety radio action to enjoin and restrain •ny violation of this person who owns, controls, operates, or man- means a communica- chapter, and may in the s. e action seek dam- ages a cable television corporation, or who ,deral Communications ages as provided by su•' vision (a). leases channels on a cable system shall: utted by a station in the (c)It is not a necess• prerequisite to an action (1) Use any electronic device to record, trans- ;e.Amended Stats 1999 pursuant to this secti• that the plaintiff has suf- mit, or observe any events or listen to, record, fered, or be threa ned with, actual damages. or monitor any conversations which take place Criminal Law (2d ed) Added Stats 1967 ch 1509 § 1. Amended Stats inside a subscriber's residence, workplace, or ) Criminal Law§1989. 1992 ch 298 § (AB 2465). place of business,without obtaining the express wire communication. . Cal F rms P1 & Practice (Matthew written consent of the subscriber. A cable tele- rty to a telegraphic or Bender) Marriage ch /20 "Dissolution of and vision corporation may conduct electronic ion who willfully dis- sweeps of subscriber households to monitor for Related 'roceedings"; Witkin & Epstein, si nal quality. or telephonic Crimina Law (2d ed) §2468; Witkin Summary g q y. ieroef, addressed to an- (2) Provide any person with any individually (9th e' Torts §581, 1332, 1333; Cal Jur 3d the permission of such identifiable information regarding any of its (Rev Assault and Other Wilful Torts§110, 120. so to do by the lawful subscribers, including, but not limited to, the shable by imprisonment § i 7.3. Voice stress analyzers. (a) No per- subscriber's television viewing habits, shopping in the county jail not spn or entity in this state shall use any system choices, interests, opinions, energy uses, medi- Beginnin in 1992, itajindicaiecjesorajions.*jndicateornissjs. 399 §637.5 DEERING'S PENAL remedy, provisional or oche cal information,banking data or information,or records or information gathered by the cable law the of p any other personal or private information, with- television corporation and supplied to the sub- mentawfor the benefit ofsection any p a out the subscriber's express written consent. scriber. son from obtaining addition (b) Individual subscriber viewing responses or (e) Upon a subscriber's application for cable theo same facts. other individually identifiable information de- television service, including, but not limited to, l Theprovisions of this; from subscribers may be retained and used interactive service, a cable television corpora- ( set state st rived tion shall.provide the applicant with a separate ingtheforthminimumof subscriber by a cable television corporation only to the notice in an appropriate form explaining the services privacyand are not intends extent reasonably necessary for billing purposes subscriber's right to privacy protection afforded restrictive local standards. A and internal business practices, and to monitor bythis section. 1519 § 1. Amended Stats 1! • for unauthorized reception of services. A cable (� As used: in this section: (SB 2053). television corporation may compile, maintain, (1) "Cable television corporation" shall have I. Witkin & Epstein Cri and distribute a list containing the names and the same meaning as that term is given by Sec- § 1123; Cal fur 3d (Rev) addresses of its subscribers if the list contains tion 215.5 of the Public Utilities Code. Wilful Torts §'120; Crimi: no other individually identifiable information 2 "Individually identifiable information" 1996. notd if subscribers are afforded the right at electr, a means any information identifying an individual to be included on such lists. However, a or his or her use of any service provided by a §637.6. Carpools and rid cable television corporation shall maintain ad- cable system other than the mere fact that-such information; Disclosure; P equate safeguards to of anyensure the physical security individual is a cable television subscriber. person who, in the course o and confidentiality of any such subscriber infor- (3) "Person" includes an individual, business or has access to personal in mation. association, partnership, corporation, limited li- ing an individual, including. (cability company, or other legal entity, and an the individual's residence at A cable television corporation shall not address, hours dence a make individual subscriber information avail- individual acting or purporting to act for or on of assoisting ofaenti able to government agencies in the absence of behalf of any government, or subdivision pose private ment or implementation of n legal compulsion, including, but not limited to, thereof, whether federal, state, or local. sharing programs, steal a court order or subpoena. If requests for such (4) "Interactive service" means any service of- information to any other information are made, a cable television corpo- fered by a cable television corporation involv- information for any other I ration shall promptly notify the subscriber of the ing the collection, reception, aggregation, stor- prior written consent of the nature of the request and what government age,or use of electronic information transmitted prior As used in this feces agency has requested the information prior to from a subscriber to any other receiving point ridesharius programs" inch responding unless otherwise prohibited from under the control of the cable television corpo- limited to, the formation of. doing so by law. ration, or vice versa. buspools, the provision of Nothing in this section shall be construed to (g) Nothing in this section shall be construed to share research, and the de prevent local franchising authorities from ob- limit the ability of a cable television corporation demand management stratef mining information necessary to monitor fran- to market cable television or ancillary services working hours and t stramr chise compliance pursuant to franchise or li- to its subscribers. (c) Any person who viol: cense agreements. This information shall be (h)Any person receiving subscriber information guilty of a misdemeanor, pl provided so as to omit individually identifiable from a cable television corporation shall be onment in the county jail fe subscriber information whenever possible. In- subject to the provisions of this section. year,or by a fine of not l fc formation obtained by local franchising authori- tiesi Anyaggrieved person maycommence a civil dollars ($1,000), or by botl compliance shall be used solelyhl for monitoring franchise the gg and shall not be subject to the action for damages for invasion of privacy and fine. Added Stats 19S California Public Records Act (Chapter 3.5 against any.cable television corporation,service 3984). provider,(com or person that leases a channel or §637.7. Use of electronic Title , Government with- SectionCde) 6250), Division 7, y §637.7. person's electronic Title 1, Government Code). channels on a cable television system that vio-lutes the provisions of this section. to track vehicle. (a)No pe (d) Any individually identifiable subscriber in- Anyperson who violates the provisions of state shall use an electron' ration n shall b gathered by a cable television spscorpo- th ration be made available for subscriber this section is guilty of a misdemeanor punish- determine the location or mt able bya fine not exceeding three thousand dol- (b)This section shall not al quest examination withinsubscriber to o days in such iin a re-a 30lays ($3,000), or by imprisonment in the county tered owner, lessor, or less quest by a cof examine corporation.such informa- ail not exceeding oneyear,orboth such fine consented to the use of the by tion on the premises the Upon thea and imprisonment. device with respect to that reasonable showing by the subscriber that P penalties and remedies provided b (c)This section shall not ap Y information is inaccurate, a cable television (k) The electronic tracking c of an and shall corporation shall correct such information. Sub- subdivisions(i)and(j)are cumulative,enalt or forcement agency. scribers shall bear all costs of copying any not be construed as restricting any p Y Beginning in 1992. 400 italics indicate changes or additions.***indicate omissions. 1171.11111.117FAIMI l DEERING'S PENAL §637.9 ed by the cable remedy, provisional or otherwise, provided by (d) As used in this section, "electronic tracking plied to the sub- law for the benefit of any person, and no judg- device" means any device attached to a vehicle ment under this section shall preclude any per- or other movable thing that reveals its location ication for cable 1 son from obtaining additional relief based upon or movement by the transmission of electronic tut not limited to, the same facts. signals. :levision corpora- (1 )The provisions of this section are intended (e)A violation of this section is a misdemeanor. it with a separate to set forth minimum state standards for protect- (f) A violation of this section by a person,busi- m explaining the ing the privacy of subscribers to cable television ness,firm,company,association,partnership,or rotection afforded services and are not intended to preempt more corporation licensed under Division 3 (com- n restrictive local standards. Added Stars 1982 ch mencing with Section 5000)of the Business and a 1519 § 1. Amended Stats 1994 ch 1010 § 195 Professions Code shall constitute grounds for °—' ation" shall have (SB 2053). revocation of the license issued to that person, �► Witkin & Epstein, Criminal Law (2d ed) business, firm, company, association, partner- ship, or corporation, pursuant to the provisions Sec- ties Code. that provide for the revocation of the license as ble information" Wilful Tons §120; Criminal Law §§1994— set forth in Division 3 (commencing with Sec- tionFying an individual 1996. 5000) of the Business and Professions lice provided by a i §637.6. Carpools and ridesharing;Personal Code. Added Stats 1998 ch 449 §2 (SB 1667). nere fact that such iinformation; Disclosure; Punishment. (a) No to subscriber. person who, in the course of business, acquires §637.9. List brokers; Personal information or has access topersonal information concern- about child. (a) Any person who, in the course )orati ual, business of business, provides mailing lists, computer- 'oration, limited li- ing an individual, including, but not limited to, the individual's residence address, ;gal entity, employment ized or telephone-based reference services, or and ansimilar products or services utilizing lists, as ngto act for or on address, or hours of employment, for the pur- it, or subdivision pose of assisting private entities in the establish- defined,knowingly does any of the following is ment or implementation of carpooling or ride- guilty of a misdemeanor: .e, or local. sharing programs, shall disclose that (1)Fails, prior to selling or distributing a list to ;ans any service of- information to any other person or use that a first-time buyer, to obtain the buyer's name, corporation involv- information for any other purpose without the address, telephone number, tax identification t, aggregation, stor prior written consent of the individual. number if the buyer is a forprofit entity, a trmation transmitted (b) As used in this section, "carpooling or sample of the type of material to be distributed Cher receiving point mitedridesharing programs" include, but shall not be using the list, or to make a good-faith effort to Ile television corpo limited to, the formation of carpools, vanpools, verify the nature and legitimacy of the business buspools, the provision of transit routes, ride- or organization to which the list is being sold or ;hall be construed to share research, and the development of other distributed. ;levision corporation demand management strategies such as variable (2) Knowingly provides access to personal in- ar ancillary services working hours and telecommuting. formation about children to any person who he (c) Any person who violates this section is or she knows is registered or required to register bscriber information guilty of a misdemeanor, punishable by impris- as a sex offender. :orporation shall be onment in the county jail for not exceeding one (b) Any person who uses personal information 'this section. year,or by a fine of not exceeding one thousand about a child that was obtained for commercial Lay commence a civil dollars ($1,000), or by both that imprisonment purposes to directly contact the child or the invasion of privacy and fine. Added Stats 1990 ch 304 § 1 (AB child's parent to offer a commercial product or ►corporation, service 3984). service to the child and who knowingly fails to leases a channel or §637.7. Use of electronic tracking device to comply with the parent's request to take steps to ;ion system that vio determine person's location; Consensual use limit access to personal information about a section. to track vehicle. (a)No person or entity in this child only to authorized persons is guilty of a tes the provisions of state shall use an electronic tracking device to misdemeanor. misdemeanor punish- determine the location or movement of a person. (c) Any person who knowingly distributes or ig three thousand dol- (b) This section shall not apply when the regis- receives any personal information about a child onment in the county tered owner, lessor, or lessee of a vehicle has with knowledge that the information will be -,or by both such fine consented to the use of the electronic tracking used to abuse or physically harm the child is device with respect to that vehicle. guilty of a misdemeanor. ;media provided by (c)This section shall not apply to the lawful use (d)(1)List brokers shall,upon a written request cumulative,and shall of an electronic tracking device by a law en- from a parent that specifically identifies the icting any penalty or forcement agency. child, provide the parent with procedures that Beginning in 1992, italics indicate changes or additions.'**indicate omissions. 401 I . RECEIVED Susan Marie Weber 'O 1 m v 1 Pal 3 10 PO Box 11119 Palm Desert, CA 92255 760.340.2213 CI I '( C Lis t-►Y (Fax: 568.9855) susanmarieweber@earthlink.net May 1,2001 Members of the Palm Desert City Council 73-501 Fred Waring Drive Palm Desert,CA 92260 RE: Extension of contract with Time Warner Cable Dear Members of the Palm Desert City Council, As you review your decision to extend or create a contract with Time Warner Cable, I would ask that you consider asking them to forego the requirement that a customer must give his/her personal tax identification number(Social Security number)in order to obtain service. I experienced this a couple of years ago. I discussed it with their managers,and with Councihnember Benson, who was Mayor of Palm Desert at that time. As you all know, any company can require the social security number and refuse to provide service if a person refuses to give the number. I was told the requirement of this number was for my security, yet when I asked if we could create a mutually agreed upon"security"number,I was told that it had to be the SS number. I asked if it was going to be used as a credit reference and offered to submit several months' deposit for cable service. I was assured that it was not being used for a credit check,and the offer of a deposit was declined. Therefore,I have no cable service as their requirement of my SS number is unacceptable to me. As you all know,from many media articles, most recently the one appearing in the Desert Sun,Saturday, April 21,written by William Safire, identity theft is a serious crime. Our City of Palm Desert can be a leader in setting standards for privacy by not granting contracts or monopolies to companies who refuse service to those of us who live in this City and who prefer to not give out our private tax identification numbers. Please consider this when awarding the contract to Time Warner. Sincerely Susan Marie Weber 43-041 Buttonwood Dr. cc: Technology Committee Wilma Michelson From: SusanMarie Weber [susanmarieweber©earthlink.net] Sent: Wednesday, May 09, 2001 9:36 PM To: Wilma Michelson Subject: Re: Time Warner thank you - I had it on my schedule - if I get out of jury duty soon enough, I will be there. I received a copy of Time Warner's May 9 letter to "Mayor Crites and City Council" . Apparently TW's verification of identification does not extend to current status of city council members. I guess I will have to respond - their letter has a few statements that aren't quite true. thank you Susan Marie Original Message From: "Wilma Michelson" <wmichelson@ci.palm-desert.ca.us> To: <susanmarieweber@earthlink.net> Sent: Monday, May 07, 2001 1:18 PM Subject: Your letter of May 1 re: Time Warner > Your letter to the City Council was put on the Council agenda for the > meeting of May 10, @ 4 :00 p.m. for discussion. You are welcome to attend. > If you have any questions, feel free to call. > Wilma Michelson > Secretary to the City Council 1 Wilma Michelson From: SusanMarie Weber [susanmarieweber@earthlink.net] Sent: Thursday, May 10, 2001 6:36 AM To: Wilma Michelson Subject: Re: Your letter of May 1 re: Time Warner 2001-05.10 re Cable letter.do... Ms Michelson, I have attached my letter of comment to the Time Warner May 9th letter. As I have jury duty, and am not sure that I will be able to make it to the City Council meeting this afternoon, I am hoping you can give this letter to the members. thank you. Susan Marie Weber Original Message From: "Wilma Michelson" <wmichelson@ci.palm-desert.ca.us> To: <susanmarieweber@earthlink.net> Sent: Monday, May 07, 2001 1:18 PM Subject: Your letter of May 1 re: Time Warner > Your letter to the City Council was put on the Council agenda for the > meeting of May 10, @ 4 :00 p.m. for discussion. You are welcome to attend. > If you have any questions, feel free to call. > Wilma Michelson > Secretary to the City Council 1 • Susan Marie Weber PO Box 11119 Palm Desert, CA 92255 760.340.2213 (Fax: 568.9855) susanmarieweber@earthlink.net May 10,2001 Members of the Palm Desert City Council 73-501 Fred Waring Drive Palm Desert,CA 92260 RE: Time Warner Cable-May 9,2001 Letter to City Council Dear Members of the Palm Desert City Council, With regard to the May 9d'letter to you from Time Warner,there are a few comments I would like to make: 1. Time Warner"personnel"—the cable company used to use independent contractors to drive around and do the installations.Is this still the case,or are only employees,who have had background checks,allowed access to the private customer information. I was shown the form the drivers carried around, and it listed all the private information. I had a friend who found a clipboard on her kitchen table that had been left behind by an installer.It contained several installation orders.Obviously that installer was not so sensitive to the customer's right to privacy. It only takes ONE error for identity theft to take place. 2. I was told that as a customer I would be required to show the installer proof,by showing my driver's license and SS card, to verify that I was the person who requested the service. This was to "protect" me in case my "teenager"was home and somehow was able to persuade the installer to hook up a porn channel. We do not need a cable company to protect us from ourselves.If the cable company is truly using a number for our security,then just as the ATM's and other companies do,a PIN number can be used. 3. I do not have any problem with a company having policies in place. But we should not have to give up our personal Tax Identification Number, in order to obtain services. If a company has so many debt collection problems,it should be looking at that policy instead of putting our identity security at risk. 4. Again, I do not have a problem with a company having policies. But,this is a company that has a monopoly. And that monopoly has been granted by a City to which I pay taxes.Therefore,the City has to hold the company accountable. As long as there is just one chance that privacy cannot be safeguarded, the policy should be adjusted in favor of the customer. I repeat from my May 1 letter—the City of Palm Desert can set a precedent—it can be a leader in setting standards for privacy by not granting monopolies to companies who refuse service to those of us who live in this City and who prefer to not give out our private tax identification numbers. Sincerely Susan Marie Weber 43-041 Buttonwood Dr. cc:Time Warner Cable—faxed to:340-9764