Welker called to testify on phone files
State rep expected to take the Fifth at D.C. hearing
Jeff Smith, Rocky Mountain News
Published June 21, 2006 at midnight
State Rep. Jim Welker has been subpoenaed to testify at a congressional hearing today about the sale of private phone records but is expected to invoke his Fifth Amendment right against self-incrimination.
At least three other current and former Colorado information data brokers - James Rapp, David Gandal and John Strange - are expected to testify at the two-day House Energy and Commerce subcommittee hearing.
The practice of selling private phone records over the Internet - at prices less than $100 - has been under fire for months. But the law is somewhat vague, and four bills to address the issue directly are in various stages in Congress.
The hearing also is expected to examine the appropriateness of law enforcement agencies obtaining such records.
Welker, a Loveland Republican, has acknowledged his Universal Communications Co. sold cell-phone records but has denied the firm did anything illegal and has maintained the records weren't sold to the general public.
He also has said he doesn't know how his company obtains the records.
Strange, who runs a company called Worldwide Investigations in Frederick, stated in a recent deposition that he bought phone records from Welker's firm, among others.
Welker is listed by the subcommittee as a witness who has been subpoenaed but may refuse to testify. When reached by cell phone Tuesday, Welker said, "I have no comment on the whole thing."
Sometimes, witnesses decide at the last moment to testify after being compelled to appear.
The subcommittee launched its investigation in February, and a dozen data brokers including Welker received subpoenas for financial records, client lists and other information. Investigators learned data brokers use "pretext" - or deception - to gain access to the private records.
"The investigation has documented a significant online market for people's personal cell- phone and land-line call records," said subcommittee spokesman Kevin Schweers.
"Buyers want, and they can get, credit-card transactions, employment and salary information, bank account activity, and many other records. For the right price, you can even engage a data broker to trace the location of a cell phone as the owner goes about his daily life," Schweers said.
"Most Americans probably don't know that their personal and professional lives are this vulnerable to casual examination by strangers, even in the age of the Internet. Hopefully this hearing will raise awareness of this problem and prompt action."
Colorado security consultant Rob Douglas said the hearing also is a "welcome development" to explore more deeply the relationship between data brokers and law enforcement agencies.
Douglas was working as a consultant to the congressional committee but quit after evidence surfaced that federal law enforcement agencies also were buying the phone records - instead of getting proper court orders.
"It should be an eye opener for the American public," Douglas said of the hearing. "I'll be quite curious to see how these federal agencies justify this."
Colorado recently passed a law to curtail the practice of buying and selling private phone records but made an exception for law enforcement agencies.
Welker, who has decided not to seek re-election, also came under criticism for sending a racially charged e-mail about black Hurricane Katrina victims.
Douglas said it also was his understanding that Welker likely would take the Fifth today.
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