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nypsc.txt
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1989-07-10
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■#!b%%!pÑ ! )19AI
Courtesy of Ken Mcaleavey, SYSOP, The Big Experiment, Albany, N.Y.
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
At a session of the Public Service
Commission held in the City of
New York on May 17, 1989
COMMISSIONERS PRESENT:
Peter Bradford, Chairman
Harold A. Jerry, Jr.
Gail Garfield Schwartz
Eli M. Noam
Edward M. Kresky
Henry G. Williams
CASE 89-C-098 - New York Telephone Company - Proceeding on Motion
of the Commission to Investigate the Provision of
Interactive Information Network Services To
Providers of Electronic Dating Services
ORDER DIRECTING THE
COMPANY TO SHOW CAUSE
(ISSUED AND EFFECTIVE MAY 31, 1989)
BY THE COMMISSION:
On April 14, 1989, the New York State Department of Law (DOL) filed a
complaint concerning the provision of electronic dating services by various
subscribers to New York Telephone Company's Interactive Information Network
Service (IINS). Certain IINS vendors apparently allow individuals to list
names, addresses, and telephone numbers in the electronic dating services
they offer (footnote: "Such services are also commonly referred to "bulletin
boards", "match lines", "introduction lines", and "telephone personals"). DOL
advises that some persons have been victims of false listings. As a result of
their names and telephone numbers appearing on dating service lists without
their knowledge, consent, or approval, unsuspecting persons have received
telephone calls and messages they did not desire.
DOL believes that changes should be made to IINS to preclude abuse of the
telephone network, false listings, and public dissatisfaction. And it proposes
that consideration be given either to the use of "electronic mailbox" or caller
identification and verification (ANI) systems as a means of assuring against
false listings.
DOL's complaint identifies a serious matter that warrants corrective
action. We agree with DOL that false listings of personal identifications in
IINS offerings are clearly undesireable. Such listings can and should be
precluded from appearing on the telephone network.
Accordingly, we are directing New York Telephone to report to us the
actions it will take to guard against false personal identifications appearing
on the interactive information network or to show cause why no action is either
necessary or warranted. New York Telephone's response to this order shall
include a description of the actions taken to preclude false listings and the
reasons for choosing such actions.
THE COMMISSION ORDERS:
----------------------
1) New York Telephone Company is directed to report in writing
to the Commission by June 30, 1989 the actions it is taking to guard against
false personal identifications appearing on the interactive information service
or to show cause by no later than that date why no action by the company is
needed. The company's filing shall include a description of the actions it has
taken to control false personal identification listings and its reasons for
taking such actions.
2) New York Telephone Company shall serve copies of this order
and its response to EACH of the IINS vendors currently providing electronic
dating services. A copy of its response shall also be served on the New York
State Department of Law.
3) This proceeding is continued.
By the Commission,
(SIGNED) JOHN J. KELLIHER
Secretary
NOTE: I discussed this matter with PSC, and was told that it presently
involves ONLY BBS's which are available via IINS, New York Telephone's version
of PC Pursuit. The document reprinted above also contains this footnote:
"We note also that we have recently initiated a proceeding on common
carrier obligations where comments are requested on proposed treatment of
related consumer protection issues."
What this all means is that they are now beginning the process of
rulemakings which could apply this same standard to little "mom and pop" BBS's
such as TBE. BBS's are already lumped into the category of "Enhanced data
service providers" under FCC regulations as well as the terms of a law proposed
last year which had the potential to set forth "access charges" to local BBS's
provided matching legislation passed in the Assembly. The bill failed at that
time, but the definition of "enhanced data service providers" as to include
BBS's, and "electronic dating services" to include "adult BBS's" have been
amended to the Public Service law. Any BBS allowing people to meet or share
information in a "date-a-base" would be restrained under this proposal. Since
TBE does NOT support "dating" in the terms of this order, TBE will not be
affected by same, however other systems would fit this definition. The pressure
to enact these rules comes from State Senator John R. Dunne (R-C Nassau Co), a
protege of Alfonse D'Amato.
The origin of this order was based upon a complaint from Long Island, NY
in which a 12 year old girl was listed in a public message as "being available"
for "fun and games" ... The kid received over 400 phone calls from people using
a so-called "adult" BBS system. The proposal being looked into would be for
Bulletin Board operators to either cease and desist from providing "adult"
services or to purchase an ANI device that will provide Name, Address, and
phone number of EACH incoming call to a BBS. The Phone company would also be
expected to immediately disconnect service to said BBS should any user attempt
to post any false information, placing the onus on the SYSOP. This would
require tremendous vigilance on the part of sysops, as well as require the
purchase of prohibitively expensive equipment like that used by 911 emergency
services in order to verify all personal information of the caller.
We find this idea OUTRAGEOUS and URGE YOU to complain to the PSC, as
well as to your State Senator and Assemblyman. The bill requiring the PSC to
initiate this action was introduced by Senator Dunne of Long Island as Senate
bill number S5604. Senator Dunne can be reached at his office at 455-2831.
What happened to the victim of those harassing phone calls is certainly
a crime. There are already statutes with regard to "harassing or obscene phone
calls" already on the books. Hobbyist sysops who charge nothing for their
services should not be required to purchase expensive "call-tracing" equipment
in order to eliminate this problem. A BBS run by a responsible sysop has at
hand the means of cooperating with law enforcement agencies in tracking down
the perpetrators of such messages without resorting to eavesdropping and the
obtaining of personal data on their users. We at TBE consider this an
unwarranted invasion of the privacy of responsible users.
(NOTE: the deadline for replying to this PSC order was June, 30, 1989. The reply from N.Y. Telephone Co. has not yet been made public.)