Letter seeking records and information from data-brokers.
Mr. Steven Schwartz
Director
First Source Information Specialists, Inc.
7361 Granville Drive
Tamarac, FL 33321
Dear Mr. Schwartz:
We write to request information relating to the business activities of
First Source Information Specialists, Inc. (First Source). It is our
understanding that First Source owns and operates several "data
broker" Web sites, including datafind.org, locatecell.com, celltolls.com,
and peoplesearchamerica.com. According to numerous press reports, many data
broker Web sites acquire and sell consumers' personal cell phone records and
other personal data, without the knowledge or consent of the owners of those
cell phone numbers. Even cell phone roaming records are being sold, giving
purchasers not only the numbers called, and their dates and times, but also the
city and state from which those mobile calls were made.
In light of these disturbing press reports, the Committee on Energy and
Commerce, pursuant to its jurisdiction over telecommunications, the Internet,
consumer protection, and interstate commerce, has commenced an investigation of
these activities to determine exactly how this data is being acquired and sold.
According to your Internet Web sites, and the Web sites of other companies
that sell such information, various components of an individual's personal
profile and activities, including cell phone records, are for sale. For example,
for a relatively modest fee, a purchaser can get access to: itemized incoming
and outgoing call logs for cell phone numbers, landline numbers, or
voice-over-Internet-protocol (VOIP) numbers; unpublished phone numbers;
addresses; and other personal data - without any notice to and consent by the
owners of those numbers.
In essence, within literally a matter of hours, someone who purchases such
information from a data broker Web site can gain unauthorized access to an
individual's daily calls and contacts, home and billing addresses, and other
valuable confidential information. It is very disconcerting that certain online
data broker companies are exploiting consumers' personal records and selling the
information to whomever pays for the records. With the exception of the
legitimate activities of law enforcement authorities, who in any event have
legal means for acquiring such information, we struggle to find any ethical
justification for marketing this data.
Thus, in an effort to learn more about First Source's business and
activities related to the sale of cell phone records and other personal data, we
are writing to you today to seek additional information to assist with this
review. We request that, pursuant to Rules X and XI of the U.S. House of
Representatives, you provide the following records and information detailed
below on or before Friday, February 17, 2006:
- Describe the services that are provided by First Source.
- List and describe all businesses (including Internet Web sites) owned
by, associated with, or otherwise related to, First Source that sell
consumer cell phone records and other personal data. Along with the
description of each such business, provide: 1) a description of the services
offered by the business; 2) the date the business was founded or purchased,
and if purchased, from whom; 3) a list of all individuals who have an
ownership interest in the business; 4) a list of the names and contact
information for all corporate officers and executives, including telephone
numbers and email addresses; 5) a list of the names of all individuals
employed or otherwise compensated for his services by the business; 6) the
physical location and address of the business' headquarters and all other
places of business; and, 7) the annual gross and net revenue generated by
the business for each calendar year since its inception.
- List and describe in detail all methods by which First Source (and any
of its related businesses) acquires the personal cell phone records and
other data associated with a given cell phone number.
- Do the employees of First Source (or any of its related businesses)
pose as customers seeking information about their own accounts ("pretexting")
to obtain the data being purchased by a First Source customer? Does First
Source (or any of its related businesses) obtain access to cell phone
company databases through computer hacking, impersonation of phone company
employees or government agents, or other unauthorized and fraudulent means?
- List all individuals or businesses that provide First Source (or its
related businesses) personal cell phone records and other data associated
with a given cell phone number. For each individual or business, describe
the nature of the relationship with First Source (or its related
businesses), the compensation arrangement with First Source, and the amount
or type of compensation provided by First Source.
- For First Source and each of its related data broker businesses or Web
sites, list the names of all employees, agents, consultants, and other
individuals who work for or provide services to the company or Web site.
- Has First Source conducted, through an examination by either in-house
or outside counsel, an analysis of the legal implications and risks of
acquiring and selling the personal cell phone records and other data
associated with a given cell phone number? If so, provide a copy of all such
legal opinions provided to, or produced for, First Source or its related
businesses.
- By calendar year since 2000, list the names of the top 20 customers, by
revenue, for each of First Source's data broker Web sites. With each
customer listed, and for each calendar year, provide the total dollar amount
paid by the customer to the data broker.
- All records related to the methods by which First Source and its
related data broker Web sites procure and sell telephone records, including
but not limited to all contracts regarding such procurements.
- All records related to any inquiries by law enforcement or regulatory
officials regarding the procurement and sale of telephone records.
- All company policy guidelines, employee manuals, or other instructions
regarding the procurement and sale of telephone records, and all records
related thereto.
- Do First Source and its related data broker Web sites obtain the
consent of the owner of a phone number prior to procuring and selling
records related to that phone number? Do First Source and its related data
broker Web sites ever notify the owner of a phone number that his records
have been procured and sold? If yes, describe when and why.
Additionally, Committee investigators will be contacting you within the
next week to arrange interviews with you and other company officers and
employees.
Sincerely,
Joe Barton
Chairman
Committee on Energy and Commerce
John Dingell
Ranking Member
Committee on Energy and Commerce
Ed Whitfield
Chairman
Subcommittee on Oversight and Investigations
Bart Stupak
Ranking Member
Subcommittee on Oversight and Investigations
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