National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Decision Denying Respondents' Petition For Judicial Review

Federal Appeals Court Upholds Opt-In Privacy Rule for Telephone Services.

On February 13, 2009, a federal court in the District of Columbia upheld telephone privacy regulations that require phone companies to obtain affirmative, opt-in consent from customers before they disclose personal information to outside corporations. The decision rejects an industry challenge to the rule. The Court recognized that "the government has a substantial interest in protecting the privacy of customer information and that requiring customer approval advances that interest," and cited EPIC's 2005 petition as spurring the rulemaking process. In May 2008, EPIC filed a “friend of the court” brief urging support for opt-in safeguards for telephone customers. The brief was filed on behalf of consumer and privacy organizations, technical experts, and legal scholars. For more, see EPIC's page on CPNI (Customer Proprietary Network Information).

This is the Federal Court of Appeals Decision Denying Respondents' Petition For Judicial Review.

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