[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 4709
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2006
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to strengthen protections for
law enforcement officers and the public by providing criminal penalties
for the fraudulent acquisition or unauthorized disclosure of phone
records.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Records and Privacy
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) telephone records can be of great use to criminals
because the information contained in call logs may include a
wealth of personal data;
(2) call logs may reveal the names of telephone users'
doctors, public and private relationships, business associates,
and more;
(3) call logs are typically maintained for the exclusive
use of phone companies, their authorized agents, and authorized
consumers;
(4) telephone records have been obtained without the
knowledge or consent of consumers through the use of a number
of fraudulent methods and devices that include--
(A) telephone company employees selling data to
unauthorized data brokers;
(B) ``pretexting'', whereby a data broker or other
person represents that they are an authorized consumer
and convinces an agent of the telephone company to
release the data; or
(C) gaining unauthorized Internet access to account
data by improperly activating a consumer's account
management features on a phone company's webpage or
contracting with an Internet-based data broker who
trafficks in such records; and
(5) the unauthorized disclosure of telephone records not
only assaults individual privacy but, in some instances, may
further acts of domestic violence or stalking, compromise the
personal safety of law enforcement officers, their families,
victims of crime, witnesses, or confidential informants, and
undermine the integrity of law enforcement investigations.
SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING
CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED
ENTITY.
(a) Offense.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1038 the following:
``Sec. 1039. Fraud and related activity in connection with obtaining
confidential phone records information of a covered
entity
``(a) Criminal Violation.--Whoever, in interstate or foreign
commerce, knowingly and intentionally obtains, or attempts to obtain,
confidential phone records information of a covered entity, by--
``(1) making false or fraudulent statements or
representations to an employee of a covered entity;
``(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
``(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
``(4) accessing customer accounts of a covered entity via
the Internet, or by means of conduct that violates section 1030
of this title, without prior authorization from the customer to
whom such confidential phone records information relates;
shall be fined under this title, imprisoned for not more than 10 years,
or both.
``(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
``(1) Except as otherwise permitted by applicable law,
whoever, in interstate or foreign commerce, knowingly and
intentionally sells or transfers, or attempts to sell or
transfer, confidential phone records information of a covered
entity, without prior authorization from the customer to whom
such confidential phone records information relates, or knowing
or having reason to know such information was obtained
fraudulently, shall be fined under this title, imprisoned not
more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
shall apply for the use of confidential phone records
information by any covered entity, as defined in subsection
(h).
``(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
``(1) Except as otherwise permitted by applicable law,
whoever, in interstate or foreign commerce, knowingly and
intentionally purchases or receives, or attempts to purchase or
receive, confidential phone records information of a covered
entity, without prior authorization from the customer to whom
such confidential phone records information relates, or knowing
or having reason to know such information was obtained
fraudulently, shall be fined under this title, imprisoned not
more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
shall apply for the use of confidential phone records
information by any covered entity, as defined in subsection
(h).
``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates,
or attempts to violate, subsection (a), (b), or (c) while violating
another law of the United States or as part of a pattern of any illegal
activity involving more than $100,000, or more than 50 customers of a
covered entity, in a 12-month period shall, in addition to the
penalties provided for in such subsection, be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of this title, imprisoned for not more than 5 years, or both.
``(e) Enhanced Penalties for Use of Information in Furtherance of
Certain Criminal Offenses.--
``(1) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense
described in section 2261, 2261A, 2262, or any other crime of
violence shall, in addition to the penalties provided for in
such subsection, be fined under this title and imprisoned not
more than 5 years.
``(2) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense under
section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,
threaten, harass, injure, or kill any Federal, State, or local
law enforcement officer shall, in addition to the penalties
provided for in such subsection, be fined under this title and
imprisoned not more than 5 years.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over an offense under this section.
``(g) Nonapplicability to Law Enforcement Agencies.--This section
does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.
``(h) Definitions.--In this section:
``(1) Confidential phone records information.--The term
`confidential phone records information' means information
that--
``(A) relates to the quantity, technical
configuration, type, destination, location, or amount
of use of a service offered by a covered entity,
subscribed to by any customer of that covered entity,
and kept by or on behalf of that covered entity solely
by virtue of the relationship between that covered
entity and the customer;
``(B) is made available to a covered entity by a
customer solely by virtue of the relationship between
that covered entity and the customer; or
``(C) is contained in any bill, itemization, or
account statement provided to a customer by or on
behalf of a covered entity solely by virtue of the
relationship between that covered entity and the
customer.
``(2) Covered entity.--The term `covered entity'--
``(A) has the same meaning given the term
`telecommunications carrier' in section 3 of the
Communications Act of 1934 (47 U.S.C. 153); and
``(B) includes any provider of IP-enabled voice
service.
``(3) Customer.--The term `customer' means, with respect to
a covered entity, any individual, partnership, association,
joint stock company, trust, or corporation, or authorized
representative of such customer, to whom the covered entity
provides a product or service.
``(4) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time voice communications
offered to the public, or such class of users as to be
effectively available to the public, transmitted through
customer premises equipment using TCP/IP protocol, or a
successor protocol, (whether part of a bundle of services or
separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from,
the public switched telephone network, or a successor
network.''.
(b) Chapter Analysis.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding after the item
relating to section 1038 the following:
``1039. Fraud and related activity in connection with obtaining
confidential phone records information of a
covered entity.''.
SEC. 4. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under section
1039 of title 18, United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
Passed the House of Representatives April 25, 2006.
Attest:
KAREN L. HAAS,
Clerk.