[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Reported in House (RH)]
Union Calendar No. 215
109th CONGRESS
2d Session
H. R. 4709
[Report No. 109-395]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2006
Mr. Smith of Texas (for himself, Mr. Conyers, Mr. Goodlatte, Mr. Scott
of Virginia, Mr. Cannon, Ms. Zoe Lofgren of California, Mr. Wilson of
South Carolina, Ms. Herseth, and Mr. Reichert) introduced the following
bill; which was referred to the Committee on the Judiciary
March 16, 2006
Additional sponsors: Mr. Chabot, Mr. Case, Mr. Rothman, Mr. Berman, Mr.
Boucher, Mr. Kucinich, Mr. Kline, and Mr. Costello
March 16, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
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 ``Law Enforcement and Phone 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 but are not
limited to--
(A) telephone company employees selling data to
unauthorized data brokers;
(B) ``pretexting'', whereby a data broker or other
person represents 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, compromise the personal
safety of law enforcement officers, their families, 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.
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 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 without prior authorization from the customer to
whom such confidential records information relates;
shall be fined under this title, imprisoned for not more than 20 years,
or both.
``(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--Except as otherwise provided by applicable law, any
person, including any employee of a covered entity or any data broker,
who knowingly and intentionally sells, transfers, or attempts to sell
or transfer, confidential phone records information of a covered
entity, without authorization from the customer to whom such
confidential phone records information relates, shall be fined under
this title, imprisoned for not more than 5 years, or both.
``(c) Prohibition on Purchase of Phone Records Information.--Except
as otherwise provided by applicable law, any person who purchases
confidential phone records information of a covered entity, knowing
such information was obtained fraudulently or without prior
authorization from the customer to whom such confidential records
information relates, shall be fined under this title, imprisoned not
more than 5 years, or both.
``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates,
or attempts to violate, subsection (a) 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 subsection (a), 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
subsection (a), (b), or (c), 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 subsection (a), (b) or (c), be fined under this
title and imprisoned not more than 5 years.
``(f) Extraterritorial Jurisdiction.--There is extraterritorrial
jurisdiction over an offense under this section.
``(g) Nonapplicability to Law Enforcement Agencies.--Nothing in
this Act shall be construed to prevent, hinder, or otherwise delay the
production of confidential phone records information from a covered
entity upon receipt of a lawful request from a law enforcement agency,
or any officer, employee, or agent of such agency, in accordance with
other applicable laws.
``(h) Definitions.--In this section:
``(1) Confidential phone records information.--The term
`confidential phone records information' means--
``(A) information that--
``(i) 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
``(ii) is made available to a covered
entity by a customer solely by virtue of the
relationship between the covered entity and the
customer; or
``(B) information contained in any bill,
itemization, or account statement related to a product
or service provided by a covered entity to any customer
of the covered entity.
``(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 2-way 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, for a fee (whether part of a bundle of
services or separately) with 2-way interconnection capability
such that the service can originate traffic to, and terminate
traffic from, a public switched telephone network.''.
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.
Union Calendar No. 215
109th CONGRESS
2d Session
H. R. 4709
[Report No. 109-395]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
March 16, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed