BILL ANALYSIS                                                                                                                                                                                                    






                           SENATE JUDICIARY COMMITTEE
                            Martha M. Escutia, Chair
                           2003-2004 Regular Session


          SB 666                                                 S
          Senator Bowen                                          B
          As Introduced
          Hearing Date:  April 22, 2003                          6
          Government Code                                        6
          MTY:cjt                                                6
                                                                 

                                     SUBJECT
                                         
                              Wireless 911 Service

                                   DESCRIPTION  

          This bill would require the Department of Consumer Affairs  
          to convene a working group to make recommendations for a  
          state privacy policy related to customer location  
          information of users of wireless services.

                                    BACKGROUND  

          This bill is sponsored by Senator Bowen to monitor the  
          status of the development of wireless 911 service.  The  
          bill would require the Department of General Services (DGS)  
          to report annually to the Legislature on the status of  
          implementing wireless 911 service.

          Because the customer location technology involved in  
          wireless 911 also has significant privacy implications, the  
          author also included a provision creating a working group  
          to study those issues.  It is this provision that is within  
          the jurisdiction of the Senate Judiciary Committee.

                             CHANGES TO EXISTING LAW
           
           Existing law  provides for a program where telephone  
          customers can dial "911" to directly contact emergency  
          response personnel. That program is administered by the  
          Communications Division of the Department of General  
          Services (DGS).
                                                                 
          (more)



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           Existing law  requires 911 calls from wireless phones to  
          first go to the California Highway Patrol (CHP) unless a  
          local public safety agency reaches agreement with the CHP  
          and DGS that the call should first be routed to the local  
          public safety agency.

           This bill  would require DGS to report to the Legislature on  
          an annual basis on the status of implementing wireless 911  
          service.

           This bill  would require the Office of Privacy Protection  
          (OPP) to convene a working group of wireless  
          telecommunications service providers and users, as well as  
          privacy policy experts, to recommend a state privacy policy  
          related to customer location information on users of  
          wireless communications services. 
          
                                     COMMENT
           
          1.   Need for the bill  

            According to the analysis of the Energy, Utilities, and  
            Communications Committee:

              When 911 is called from traditional telephones,  
              the public safety answer point (PSAP), which is  
              the police, fire, sheriff, or CHP dispatch center  
              that answers the call, is automatically provided  
              with the caller's telephone number and street  
              address. This information is critical to providing  
              rapid and accurate emergency response. It's  
              particularly helpful because in times of  
              emergency, flustered callers can fumble this basic  
              information - or they may not be in a position to  
              provide it.  However, when 911 is called from a  
              wireless phone, the calling number is only  
              sporadically provided and location information is  
              never provided. The lack of location information  
              for wireless 911 calls has delayed emergency  
              response, and in some instances, resulted in a  
              loss of life. Providing location information on  
              wireless 911 calls is particularly useful  
              precisely because the users are mobile and  
              probably aren't calling from home. The federal  
                                                                       




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              government has required wireless phone companies  
              to provide location information on 911 calls. 

            The analysis further states that:

              TRUSTe, a non-profit organization active in  
              Internet commerce issues, is working on a wireless  
              privacy project in conjunction with some wireless  
              carriers, privacy advocates, and electronic  
              commerce advocates. This bill requires the OPP to  
              convene a working group of privacy interests and  
              recommend a privacy policy to the Legislature by  
              July 1, 2004. 

            Committee staff has contacted various consumer advocacy  
            groups, all of whom are supportive of the creation of the  
            working group.

          Support:  None Known

          Opposition:  None Known

                                     HISTORY
           
          Source:  Author's Office

          Related Pending Legislation:  None Known

          Prior Legislation:  None Known

          Prior Vote:  Senate Energy, Utilities and Communications  
          Cmte. (9-0)
          
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