[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 493 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 493

To amend section 1029 of title 18, United States Code, with respect to 
               cellular telephone cloning paraphernalia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 1997

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

_______________________________________________________________________

                                 A BILL


 
To amend section 1029 of title 18, United States Code, with respect to 
               cellular telephone cloning paraphernalia.

    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 ``Cellular Telephone Protection Act''.

SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COUNTERFEIT 
              ACCESS DEVICES.

    (a) Unlawful Acts.--Section 1029(a) of title 18, United States 
Code, is amended--
            (1) in paragraph (7), by striking ``use of'' and inserting 
        ``access to'';
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by striking paragraph (8) and inserting the following:
            ``(8) knowingly and with intent to defraud uses, produces, 
        traffics in, has control or custody of, or possesses a scanning 
        receiver;
            ``(9) knowingly uses, produces, traffics in, has control or 
        custody of, or possesses hardware or software that may be used 
        for--
                    ``(A) modifying or copying an electronic serial 
                number; or
                    ``(B) altering or modifying a telecommunications 
                instrument so that the instrument may be used to obtain 
                unauthorized access to telecommunications services; 
                or''.
    (b) Penalties.--Section 1029(c) of title 18, United States Code, is 
amended to read as follows:
    ``(c) Penalties.--The punishment for an offense under subsection 
(a) or (b)(1) is--
            ``(1) in the case of an offense that does not occur after a 
        conviction for another offense under subsection (a) or (b)(1), 
        or an attempt to commit an offense punishable under subsection 
        (a) or (b)(1), a fine under this title or twice the value 
        obtained by the offense, whichever is greater, imprisonment for 
        not more than 15 years, or both; and
            ``(2) in the case of an offense that occurs after a 
        conviction for another offense under subsection (a) or (b)(1), 
        or an attempt to commit an offense punishable under subsection 
        (a) or (b)(1), a fine under this title or twice the value 
        obtained by the offense, whichever is greater, imprisonment for 
        not more than 20 years, or both.''.
    (c) Definition of Scanning Receiver.--Section 1029(e)(8) of title 
18, United States Code, is amended by inserting before the period at 
the end the following: ``or any electronic serial number, mobile 
identification number, personal identification number, or other 
identifier of any telecommunications service, equipment, or 
instrument''.
    (d) Exception for Certain Telecommunications Services Providers.--
Section 1029 of title 18, United States Code, is amended by adding at 
the end the following:
    ``(g) Exception for Certain Telecommunications Services 
Providers.--
            ``(1) Definitions.--In this subsection, the term 
        `telecommunications carrier' has the same meaning as in section 
        3 of the Communications Act of 1934 (47 U.S.C. 153).
            ``(2) Permissible activities.--This section does not 
        prohibit any telecommunications carrier, or an officer, agent, 
        or employee of, or a person under contract with a 
        telecommunications carrier, engaged in protecting any property 
        or legal right of the telecommunications carrier, from sending 
        through the mail, sending or carrying in interstate or foreign 
        commerce, having control or custody of, or possessing, 
        manufacturing, assembling, or producing any otherwise 
        unlawful--
                    ``(A) device-making equipment, scanning receiver, 
                or access device; or
                    ``(B) hardware or software used for--
                            ``(i) modifying or altering an electronic 
                        serial number; or
                            ``(ii) altering or modifying a 
                        telecommunications instrument so that the 
                        instrument may be used to obtain unauthorized 
                        access to telecommunications services.''.
                                 <all>