ž#!b%%!p„ ! )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.)