Letter to Jon Liebowitz, Chairman of the Federal Trade Commission

Letter

Concerned about possible violations of consumers' privacy, Congressman Edward J. Markey (D-Mass.), co-Chairman of the Bi-Partisan Congressional Privacy Caucus, today asked the Federal Trade Commission (FTC) to investigate the practices of software company Carrier IQ. Rep. Markey's request follows news that Carrier IQ software installed on millions of smart phones and mobile devices is tracking every keystroke of users and sending the information back to the software company without user knowledge or permission. Rep. Markey's letter asks the FTC to investigate the matter as a possible unfair or deceptive act or practice.

"I have serious concerns about the Carrier IQ software and whether it is secretly collecting users' personal information, such as the content of text messages," said Rep. Markey. "Consumers and families need to understand who is siphoning off and storing their personal information every time they use their smart phone. I am asking the Federal Trade Commission to investigate this practice, and I will continue to monitor this important privacy issue."

The full text of the letter follows:

The Honorable Jon Leibowitz, Chairman
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20001

Dear Chairman Leibowitz:

According to a report this week in Wired magazine ("Researcher's Video Shows Secret Software on Millions of Phone Logging Everything", November 29, 2011), a technology researcher has revealed how software secretly installed on millions of mobile phones tracks nearly every keystroke users make and then sends the data back to a software company.

According to the story, software developed by Carrier IQ, a cell phone monitoring company, has been installed on most modern Android, Blackberry, and Nokia phones. The software chronicles each click users make and reports that information back to Carrier IQ. The article states, "Carrier IQ software secretly installed on millions of mobile phones reports most everything a user does on a phone."

This software raises a number of privacy concerns for Android, Blackberry, and Nokia users. Consumers neither have knowledge of this data collection, not what Carrier IQ intends to do with this information. As a co-Chair of the Congressional Bi-Partisan Privacy Caucus, I am a concerned that this practice violates the privacy rights of consumers.

In an effort to protect consumers, I am interested in any actions the Federal Trade Commission (FTC) has taken or plans to take to investigate the installation of software that secretly tracks and reports back the activities of cell phone users. I believe an investigation of the practice would fall within the FTC's mandate as stipulated in Section 5 of the Federal Trade Commission Act with respect to protection Americans from "unfair or deceptive acts or practices".

Thank you for your attention to this important matter. Please provide responses to these questions no later than December 20, 2011. If you any questions, please have a member of your staff contact Joseph Wender at 202-225-2863.

Sincerely,
Edward J. Markey
Co-Chairman
Congressional Bi-Partisan Privacy Caucus

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