Why should utility customers refusing smart meters be surcharged?
From the February 2012 Congressional Research Service Report Smart Meter Data: Privacy and Security—
Unforeseen consequences under federal law may result from the installation of smart meters and the communications technologies that accompany them. This report examines federal privacy and cybersecurity laws that may apply to consumer data collected by residential smart meters. It begins with an examination of the constitutional provisions in the Fourth Amendment that may apply to the data. As we progress into the 21st century, access to personal data, including information generated from smart meters, is a new frontier for police investigations. The Fourth Amendment generally requires police to have probable cause to search an area in which a person has a reasonable expectation of privacy. However, courts have used the third-party doctrine to deny protection to information a customer gives to a business as part of their commercial relationship. This rule is used by police to access bank records, telephone records, and traditional utility records. Nevertheless, there are several core differences between smart meters and the general third-party cases that may cause concerns about its application. These include concerns expressed by the courts and Congress about the ability of technology to potentially erode individuals’ privacy.
Smart phones can track everywhere we go, rewards cards and credit accounts reveal everything we buy, and myriad other data collecting “conveniences” record our actions and communications every day. But consumers citizens can choose whether or not to use a smart phone, whether or not to use cash or credit, whether or not to reveal their opinions on Facebook or Twitter.
Smart meters have no off switch and offer no choice without added cost: they constantly track when energy is used and how much is used by each major appliance within a residence.
The California Public Utilities Commission, major investor-owned utilities, and Glendale Water and Power have decided to impose extra charges for utility customers who insist on retaining their 4th Amendment Constitutional rights.