Assemblymember Rosenthal
A Special Report on
INTERNET
ISSUES
from Assemblymember
Linda B.
ROSENTHAL
WINTER 2007



Dear Neighbor,

Computers and global networking are increasingly defining how we communicate with one another. Access to reliable, affordable, high-speed broadband technologies is critical in an age when the Internet plays such a prominent role and presents opportunities in so many aspects of life-communication, long-distance learning, shopping, banking, research-in short, the Internet has become a lifeline for many.

In this newsletter I have included some of the technology and Internet initiatives we’re working on at the state level, as well as some safety tips to keep in mind when surfing the web. I discuss questions that have arisen about protecting our basic rights over communication lines-How protected is free speech on the Internet? How do you safeguard your right to privacy from telemarketers, direct mailers, and junk faxers? I hope you will find the resources included useful, and I encourage you to contact me if there are other issues you’ve faced that have not been addressed here. Many of you now contact me via email, and I certainly encourage you to keep doing so, at: , or you can always call my office at 212-873-6368, or write me at 230 West 72nd Street, Suite 2F, New York, NY 10023.

Sincerely,
signature
Linda B. Rosenthal



photo Assemblymember Rosenthal and members of ReLightNY give away free energy efficient Compact Fluorescent Lightbulbs to participants at the Assemblymember’s Electronics Recycling event. Pictured from left to right: Daniel Bernstein, Avery Hairston, Stephen Todres, and Brendan Harvey. ReLightNY, an environmental awareness group, was started by teenage students from Collegiate School (for more information visit ReLightNY.com).

Closing the Digital Divide
Assemblymember Rosenthal co-sponsors Omnibus Telecommunications Reform Act

Broadband technologies, which enable the high-speed transmission of information via the Internet, play an increasingly important role in the state’s economy. As broadband telecommunications services are deployed throughout New York, we must ensure that individuals from every corner of the state have equal access to this critical network at a reasonable cost. Therefore, I was pleased to co-sponsor the Omnibus Telecommunications Reform Act, which was introduced by Assemblymember Richard Brodsky. Specifically, the legislation would:

  • Create competition among cable television providers-thereby lowering prices for consumers-by allowing statewide video franchises. In areas where competitive markets exist, consumers see bills on average 28% lower than in locales where one cable monopoly dominates.

  • Include strong network neutrality language, prohibiting providers of telecommunications services to discriminate based on content-either by access tiering (giving priority to some sites over others), by impairing transmission, or by prohibiting the use of devices or applications on their networks.

  • Require build-out of high-speed Internet infrastructure throughout the state (85% of the state within 6 years) as a condition of any statewide franchise.

  • Improve telephone service quality for customers by requiring the Public Service Commission to study the decline in telephone service quality and propose rules and regulations based on that study to improve the situation.

  • Strengthen the system of Public, Education and Governmental (PEG) channels by providing much-needed funding and more channel space.

  • Provide free cable and Internet service to hospitals, schools, firehouses, and other municipal buildings.

  • Create a Broadband Development Authority to manage, regulate, and assist with funding of infrastructure enhancement projects necessary for universal broadband access.

While many other states have begun to issue statewide franchises for telecommunications, this bill would set the bar in providing these services with strong consumer protections. Not only does the bill guarantee broadband at just and affordable rates, but the net neutrality provisions, requirements for build-out to rural and lower-income areas, and payments to municipalities for public access channels are some of the most pro-consumer in the nation. The bill certainly has its opponents, but it is a critical fight to win and I look forward to taking it up when the legislature returns to Albany next January.




Assembly Holds Hearing on Corporations’ Right to Censor
Freedom of Speech At Risk?
photo Assemblymember Rosenthal questions representatives from Verizon at a recent Assembly Corporations Committee hearing.
Earlier this fall, as a member of the Assembly Committee on Corporations, Authorities and Commissions, I participated in a public hearing on whether corporations providing mobile telephone and Internet services are adhering to neutral, non-discriminatory information access, and whether or not regulation is necessary. We convened the hearing because of a decision by Verizon Wireless to deny a request by NARAL Pro-Choice America to use a text messaging code to contact its members. In its rejection of NARAL’s application, Verizon cited its policy to refuse messages that it deemed "controversial or unsavory." While Verizon reversed its decision within a few days, the incident thrust front and center the question: How protected are our First Amendment rights in new modes of communication like text messages? Most people would probably be shocked to learn that constitutional protections stop short at the door of privately owned networks.

The issue of a corporation’s right to limit speech extends beyond just text messages. Proponents of "network neutrality" or "net neutrality" advocate for a free and open Internet-that is, Internet providers should not be able to speed up, slow down, or block access to websites based on content, source, ownership, or destination. This underlying principle has been part of our communications systems since the days of the telegraph. Providers of these services are not, for instance, allowed to deliver mail favorable to one political party more quickly than they would deliver mail favorable to another, in the same way that phone companies cannot drop a call based on the content of callers’ conversations.

At the public hearing, Verizon said that its rejection of NARAL’s application was simply a mistake and that it has since updated its policies. However, I am concerned that ultimately, telecommunications corporations could view censorship as their prerogative. We must protect First Amendment rights to free speech by making sure that no private organization has the right to censor emails, web content, text messages, or any other form of communication. At the hearing, I posed this question to a Verizon official who testified on behalf of the company: What would Verizon do in the event that I wished to obtain a text messaging code to send out a blast message urging other customers to boycott Verizon? She responded, "I think the suits would go into a room again and huddle."

While the question of net neutrality is best considered on a federal level, these questions have been ignored or worse by the Bush Administration and its appointees to the Federal Communications Commission. There are steps we are taking at the state level to drive the debate and secure protections for consumers within our jurisdiction. As noted elsewhere in this newsletter, the Omnibus Telecommunications Reform Act contains some of the strongest net neutrality language seen in any state telecommunications bill. New York can also use its procurement power by agreeing only to contract telecommunications services (which include Internet, Blackberry, and phone services) with companies that agree to net neutrality provisions. As more and more of our communications are conducted in digital formats, we need to update laws to protect our basic rights. Speech must be free wherever it occurs - on the Internet, over cell phones, and on the streets.




PHISHING:
A Growing Threat
photo Assemblymember Rosenthal helps load computers to be responsibly recycled as part of the Electronics Recycling Day she sponsored with PerScholas outside her district office on West 72nd Street.
What is Phishing?

Every year, millions of people fall prey to "phishing," a tactic that uses fraudulent websites and emails to lure consumers into divulging personal and financial data such as credit card numbers, account usernames, passwords and Social Security numbers. This information is then used to make fraudulent charges, empty bank accounts, and in some cases steal identities. In the most common cases, emails purport to be from legitimate sources, such as banks, Internet providers, retailers, or even government agencies, and lead people to fake websites in which consumers are asked to input sensitive data.

The Anti-Phishing Working Group, a member organization of more than 2,600 e-merchants and law enforcement agencies, reports that as of May 2007, the number of phishing sites stood at 37,000, and that over 150 million phishing emails are sent to people every day. Experts also indicate that even as the phishing scam takes off, it’s already evolving. Predatory emails are sent from familiar sources-e.g. a phony colleague or your bank.

How Do I Protect Myself?

Consumer protection groups offer some tips on how to prevent getting scammed by phishers:

  • Do not trust emails that ask you to divulge any personal information. Report these emails to your Internet service provider and delete any emails that ask you to enter personal information at a linked website. Similarly, you should not send usernames, passwords, or any other confidential information via email to a company.

  • Verify the source. If you do receive email from what appears to a legitimate source asking for personal information-your company, your school, your bank, or even a friend-call the institution or friend to verify that the email is really from them.

  • Type online bank and retailer site addresses directly into your browser. Visiting sites directly, by either typing a Web address directly into your browser or bookmarking the legitimate site, will prevent you from visiting a fraudulent, counterfeit site.

How Do I Report Phishing?

If you or someone you know does get caught in a phishing scam, you should report it. While your information might already be compromised, reporting a scam can help countless other consumers from being duped by the same email or fake website. Most companies that do business online now have information on their websites about how to report an attack. The United States Computer Emergency Readiness Team (US-CERT) is a federal entity that compiles a list of phishing emails and spoofed websites. Forward any of these emails to phishing-report@us-cert.gov. Additionally, the Anti-Phishing Working Group keeps a list of scam emailers and websites. To add to their list, forward emails to reportphishing@antiphishing.org.

New York State Law also offers redress against phishing attacks. Last year, we passed a law to combat phishing by authorizing the Attorney General, industry, and nonprofits to bring civil actions against the perpetrators of Internet phishing.


Privacy Protections for Social Security Numbers

computer monitor The increasing frequency of identity theft cases has been linked to greater public exposure of many types of personal identifying information, but in particular, Social Security numbers (SSN). This past session, we passed a law to help combat identity theft by prohibiting businesses and others from making an individual’s SSN available to the general public. Specifically, the law restricts businesses from printing an individual’s SSN on mailings or other communications, and bans businesses from using an individual’s number as a means of access to services, products, or benefits. Under the law, businesses may not require an individual to transmit his or her unencrypted SSN over the Internet. Finally, the law requires that businesses that do have access to SSNs implement adequate safeguards and limit unnecessary employee access to SSNs.



Take Me Off Your List!

I have gotten countless calls from constituents who are tired of being harassed and harangued by any number of sources-telemarketers, junk faxes, and unwanted mail and catalogs. While most people are aware that laws exist prohibiting some of these activities, not everyone knows what steps to take to prevent unwanted solicitation in the first place. Below, I have outlined some resources that I hope will be helpful in addressing some of these concerns. In addition, the Federal Communications Commission has available on its website complaint forms for junk faxes, emails, and telemarketing: http://www.fcc.gov/cgb/complaints_tcpa.html.

Telemarketers

The easiest way to prevent an onslaught of unwanted telemarketing calls is to register with the state and national Do-Not-Call list. If you are already on the Do-Not-Call list, but have been getting calls in the last few months, your registration may have expired. A bill passed by Congress and awaiting the president’s signature will keep all names on the registry, but you may want to check on the status of your registration. In addition, the Do-Not-Call list does not prevent phone calls from charities and registered non-profits, public officials, or any company or its subsidiary with which you have previously done business.

Register or re-register online at
https://www.donotcall.gov/

  • Click on Register a Phone Number
  • Enter your telephone number with area code
  • Check for errors
  • Enter your email address
  • Press Submit

The Do-Not-Call Registry will email your registration confirmation. Retain it for your records.

Verify your registration online at
https://www.donotcall.gov/

  • Click on Verify a Registration
  • Enter your telephone number with area code
  • Press submit

nformation to confirm your registration status will pop up in a few moments.

To enroll or re-enroll by phone, dial 1-888-382-1222 (TTY 1-866-290-4236) from the phone you wish to register.

Press #1 for English, Press #2 for Spanish, then

  • Press #1 to Register your Number
  • Press #2 to Verify your Registration
  • Press #3 to Delete your Number
  • Press #4 to File a Complaint
  • Press #5 for the Privacy Policy

Junk Mail

Unwanted mail is not only an annoyance, it is also a waste of paper and energy. According to the Center for a New American Dream, more than 100 million trees’ worth of junk mail is delivered to American households every year, which is the equivalent of deforesting the entire Rocky Mountain National Park every four months. The sheer quantity of catalogs and direct mailings that ended up in the U.S. municipal solid waste stream in 2005 was enough to fill over 450,000 garbage trucks. Although there is no direct way to completely eliminate junk mail, you can reduce its environmental impact by contacting the resources listed below and asking to be taken off their solicitation lists. Additionally, you can avoid being added to lists in the future by specifically requesting that your name not be lent, sold, or traded to any other organization for their mailing lists whenever you send a check for donations, for mail order purchases, to renew subscriptions or when returning a warranty card.

Companies that can help cut down on the volume of mail you receive:

The Direct Marketing Association manages a Mail Preference Service (MPS). By alerting MPS that you do not wish to receive mail, you will substantially reduce the amount of brochures and pamphlets that you receive from all DMA members, most of whom are national advertisers. There is a $1 fee that must be paid by check or money order. To register for MPS online, go to: https://www.dmachoice.org/MPS/. For a mail-in form, contact my office at 212-873-6368.

To reduce the number of catalogs you receive, contact CatalogChoice.org and fill out the form on the website, or email Abacus Catalog Alliance at optout@abacus-direct.com with your full name and current address. Signing up permanently halts the catalog mailings from association members. Unfortunately, neither of these services has mail-in options, but feel free to call my office for assistance in signing up.

OptOutPrescreen.com is a joint venture of the three credit bureaus and allows you to stop prescreened credit and insurance solicitations. Sign up to halt these mailings for five years, or stop them permanently. Call 888-5-OPTOUT, or go to the website and fill out the form there.

Junk Faxes

Last year, the Legislature tightened a loophole in New York State law regarding unsolicited junk faxes. It is now illegal to send unsolicited advertisements to a fax machine unless the recipient has an existing business relationship with the sender.

Fax advertisers must include contact information and a method for you to opt out of receiving any future advertisements. Businesses are required to take your number off their marketing list upon request. If you receive an unwanted junk fax, you may file a complaint with the Federal Communications Commission online at www.fcc.gov/cgb/complaints.html, or by calling 888-225-5322.


Information provided by Assemblymember Linda B. Rosenthal
DISTRICT OFFICE: 230 West 72nd Street, Suite 2F, New York, NY 10023 • 212-873-6368 • rosenthall@assembly.state.ny.us


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