Comment by bragr
3 years ago
I don't understand why everyone is saying this is illegal unless they are just not reading past §64.2003(k) as (l) provides for a the opt-out method, and §64.2007(b) is clear the providers can use either:
>§64.2003(l) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart.
>§64.2007(b)(b) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. A telecommunications carrier may, subject to opt-out approval or opt-in approval, disclose its customer's individually identifiable CPNI, for the purpose of marketing communications-related services to that customer, to its agents and its affiliates that provide communications-related services.
Don't get me wrong, I think this is pretty shitty, and I already opted out, but everyone in this thread saying it's illegal needs to brush up on how to read the law.
https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...
Carriers can only use opt-out consent for a limited subset of the actions that they can use opt-in consent for. The actions that they say they plan to take do not fall under this subset. See § 64.2005.
What part of 64.2005 excludes the opt-out consent? I read the whole thing. Please quote exactly.
§ 64.2007 (b): Except for use and disclosure of CPNI that is permitted without customer approval under § 64.2005, or that is described in this paragraph, or as otherwise provided in section 222 of the Communications Act of 1934, as amended, a telecommunications carrier may only use, disclose, or permit access to its customer's individually identifiable CPNI subject to opt-in approval.
§ 64.2005 (a): Any telecommunications carrier may use, disclose, or permit access to CPNI for the purpose of providing or marketing service offerings among the categories of service (i.e., local, interexchange, and CMRS) to which the customer already subscribes from the same carrier, without customer approval.
Today's email: Fi may wish to provide you with additional information about products, services, and offers from our Alphabet affiliates, including Google LLC, that aren’t among the category of services you’re already purchasing from us
Google plans to advertise outside of the user's existing service category. § 64.2005 says that with opt-out consent, they can only do this within the existing service category. Since it doesn't fall under a § 64.2005 exemption, § 64.2007 (b) says that this requires opt-in approval.
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