[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 612 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 612

 To protect the privacy of telephone users by amending section 3121 of 
                     title 18, United States Code.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 18 (legislative day, March 3), 1993

  Mr. Kohl (for himself and Mr. Brown) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To protect the privacy of telephone users by amending section 3121 of 
                     title 18, United States Code.

    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 Privacy Act of 1993''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect the right to privacy of telephone users by 
        enabling them to limit the dissemination of their telephone 
        numbers to persons of their choosing;
            (2) to encourage the use of new services which discourage 
        harassing and obscene telephone calls even though information 
        identifying the caller may be blocked; and
            (3) to require government entities to give public notice of 
        their use of caller identification service.

SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.

    (a) Prohibitions.--Section 3121 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3121. General prohibition on pen register and trap and trace 
              device use; exceptions
    ``(a) In General.--Except as provided in this section, no person 
may install or use a pen register or a trap and trace device without 
first obtaining a court order under section 3123 of this title or under 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.).
    ``(b) Exceptions.--(1)(A) Subject to paragraph (2), the prohibition 
of subsection (a) does not apply with respect to the installation or 
use of a pen register or a trap and trace device by a provider of 
electronic or wire communication service--
            ``(i) relating to the operation, maintenance, or testing of 
        a wire or electronic communication service or to the protection 
        of the rights or property of such provider, or to the 
        protection of users of that service from abuse of service or 
        unlawful use of service;
            ``(ii) to record the fact that a wire or electronic 
        communication was initiated or completed in order to protect 
        such provider, another provider furnishing service toward the 
        completion of the wire communication, or a user of that 
        service, from fraudulent, unlawful or abusive use of service;
            ``(iii) with the prior consent of the recipient of the 
        communication when the communication may be relevant to an 
        ongoing criminal or counterintelligence investigation;
            ``(iv) in connection with the provision of call return 
        service; or
            ``(v) in connection with the provision of caller 
        identification service to a user of that service, if the 
        service provider--
                    ``(I) permits the recipient of a communication to 
                use call trace; and
                    ``(II) permits the originator of a communication to 
                block caller identification--
                            ``(aa) on a per call basis without charge;
                            ``(bb) on a per line basis with or without 
                        charge, in a State in which it is authorized by 
                        statute or regulation prior to the date of 
                        enactment of this clause, and at the request of 
                        the originator; and
                            ``(cc) on a per line basis without charge 
                        at the request of an originator that is a 
                        victim of domestic violence protected by court 
                        order, a victim's service program, or a 
                        battered women's shelter or other organization 
                        providing safe haven for victims of domestic 
                        violence.
    ``(B) Subparagraph (A) (iv) and (v) shall not be construed to 
require a provider of electronic or wire communication service to 
enable an originator of a communication to block caller 
identification--
            ``(i) on the emergency assistance telephone line of a 
        Federal, State, or municipal police or fire department or on a 
        911 emergency line;
            ``(ii) on calls within a customer's system; or
            ``(iii) of a communication made from a public pay 
        telephone.
    ``(2) The exception afforded by paragraph (1) does not apply to a 
communication to a governmental entity on a line that is publicized or 
represented as ensuring the confidentiality of the originator of a 
communication, such as an anonymous tip line or a confidential 
information line.
    ``(3) The prohibition of subsection (a) does not apply with respect 
to the use of information that a subscriber to an automatic number 
identification service or charge number service receives, to the extent 
that the use consists of--
            ``(A) use for billing and collection, routing, screening, 
        and completion of the originating telephone subscriber's call 
        or transaction, or for services directly related to the 
        originating telephone subscriber's call or transaction;
            ``(B) reuse or sale after the recipient orally notifies the 
        originator of the recipient's desire to reuse or sell the 
        information and extends to the originator an option to limit or 
        prohibit such reuse or sale;
            ``(C) use for the purposes of--
                    ``(i) performing a service or transaction that is 
                the subject of the communication;
                    ``(ii) ensuring the quality of network performance, 
                the maintenance of security, or the effectiveness of 
                call delivery;
                    ``(iii) compiling, using, or disclosing aggregate 
                information;
                    ``(iv) complying with law or a court order; or
                    ``(v) offering to an originator of a communication 
                with which the recipient has an established customer 
                relationship a product or service that is directly 
                related to products or services that the originator has 
                previously obtained from the recipient of the 
                communication; or
            ``(D) use for any lawful purpose if there is available to 
        the originator of the communication the ability to block caller 
        identification to the recipient--
                    ``(i) on a per call basis without charge; or
                    ``(ii) on a per line basis with or without charge 
                in a State in which it is authorized by statute or 
                regulation prior to the date of enactment of this 
                clause and offered in combination with blocking on a 
                per call basis without charge.
    ``(4) Nothing in paragraph (3) affects the provision or use of 
automatic number identification or charge number information by a 
provider of electronic or wire communication service.
    ``(c) Civil Action.--(1) An originator of a communication that is 
aggrieved by the knowing or intentional failure of a provider of 
communication service to allow blocking of caller identification as 
described in subsection (b)(1)(A)(v) may recover from the provider in 
accordance with section 2707.
    ``(2) An originator of a communication that is aggrieved by the 
knowing or intentional use of caller identification information by the 
recipient of the communication in violation of subsection (b)(3) may 
recover from the recipient in accordance with section 2707.
    ``(d) Criminal Penalty.--(1) Whoever knowingly violates subsection 
(a) shall be fined under this title or imprisoned not more than one 
year, or both.
    ``(2) Paragraph (1) does not apply to the use of information that 
is made available to the recipient of a communication through an 
automatic number identification or charge number service.
    ``(e) Preemption.--Notwithstanding any other provision of law, no 
State may prohibit, in any way other than in accordance with 
subsections (a) and (b), the making available by providers of 
electronic or wire communication services or the use by their customers 
of caller identification service.
    ``(f) Intent of Congress.--This section is intended neither to 
endorse nor to facilitate the use of blocking of caller identification 
by originators of obscene or harassing telephone calls, nor is it 
intended to limit the enforcement of laws prohibiting such telephone 
calls.''.
    (b) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(7) the term `automatic number identification or charge 
        number' means an access signaling protocol in common use by 
        common carriers that uses an identifying signal associated with 
        the use of a subscriber's telephone to provide billing 
        information or other information to the local exchange carrier 
        or any other interconnecting carriers;
            ``(8) the term `block' means to prevent or control, and the 
        term `blocking' means a service that allows the originator of a 
        call to prevent or control, the transmission of information 
        that identifies the originator to the recipient of the call;
            ``(9) the term `caller identification' means the 
        transmission of information that identifies the originator of a 
        wire communication to the recipient of the communication;
            ``(10) the term `call return service' means a service 
        provided to a user of a communication line that enables a 
        recipient of a communication on that line to initiate a return 
        communication to the originator without disclosing to the 
        recipient the identity of the originator (except in connection 
        with the provider's regular billing process); and
            ``(11) the term `call trace service' means a service 
        provided to a user of a communication line that enables a 
        recipient of a communication on that line to cause the identity 
        of the originator of the communication to be disclosed to the 
        service provider's security personnel and to law enforcement 
        officials without disclosing to the recipient the identity of 
        the originator.''.

SEC. 4. NOTICE BY GOVERNMENT ENTITIES OF USE OF CALLER IDENTIFICATION 
              SERVICE.

    (a) Federal Entities.--A Federal Government entity that uses caller 
identification service shall publish in the Federal Register and have 
printed in any phone directory in which its number is listed, for the 
guidance of the public, notice of the government entity's use of caller 
identification service within a reasonable time after initiating that 
use. The Federal Register notice shall describe the scope and purpose 
of that use.
    (b) State and Local Entities.--A State or local government entity 
that uses caller identification service shall make available and 
publish in the official publication of that State or local government 
entity and have printed in any phone directory in which its number is 
listed, for the guidance of the public, notice of that government 
entity's use of caller identification service within a reasonable time 
after initiating that use. The official publication notice shall 
describe the scope and purpose of that use.

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