Letter seeking records and information from data-brokers.
Mr. Patrick L. Baird
Director
PDJ Services
1030 East Highway 377 #110-360
Granbury, TX 76048
Dear Mr. Baird:
We write to request information relating to the business activities of PDJ
Services. It is our understanding that PDJ Services owns and operates a
"data broker" Web site named phonebust.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 site, 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voice-over-Internet-protocol (VOIP) numbers; unpublished phone numbers;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 PDJ Services' 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 PDJ Services.
- List and describe all businesses (including Internet Web sites) owned by,
associated with, or otherwise related to, PDJ Services 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 PDJ Services (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 PDJ Services (or any of its related businesses) pose
as customers seeking information about their own accounts ("pretexting")
to obtain the data being purchased by a PDJ Services customer? Does PDJ
Services (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 PDJ Services (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 PDJ Services (or its related
businesses), the compensation arrangement with PDJ Services, and the amount
or type of compensation provided by PDJ Services.
- For PDJ Services 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 PDJ Services 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, PDJ Services or its related
businesses.
- By calendar year since 2000, list the names of the top 20 customers, by
revenue, for each of PDJ Services' 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 PDJ Services 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 PDJ Services 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 PDJ Services 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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