[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1850 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1850

 To amend section 222 of the Communications Act of 1934 to modify the 
requirements relating to the use and disclosure of customer proprietary 
              network information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 1999

  Mr. Edwards introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend section 222 of the Communications Act of 1934 to modify the 
requirements relating to the use and disclosure of customer proprietary 
              network information, and for other purposes.

    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 Call Privacy Act of 
1999''.

SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF 
              CUSTOMER PROPRIETARY NETWORK INFORMATION.

    (a) Modification of Requirements.--
            (1) In general.--Paragraph (1) of section 222(c) of the 
        Communications Act of 1934 (47 U.S.C. 222(c)) is amended to 
        read as follows:
            ``(1) Privacy requirements for telecommunications 
        carriers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or as required by law, a 
                telecommunications carrier that receives or obtains 
                customer proprietary network information by virtue of 
                its provision of a telecommunications service may use, 
                disclose, or permit access to customer proprietary 
                network information that identifies a customer as 
                follows:
                            ``(i) In the provision of--
                                    ``(I) the telecommunications 
                                service from which such information is 
                                derived; and
                                    ``(II) services necessary to, or 
                                used in, the provision of such 
                                telecommunications service, including 
                                the publishing of directories.
                            ``(ii) In the case of the use of such 
                        information by the telecommunications carrier 
                        for the provision of another of its products or 
                        services to the customer, only if the 
                        telecommunications carrier--
                                    ``(I) provides the customer a clear 
                                and conspicuous notice meeting the 
                                requirements set forth in subparagraph 
                                (C);
                                    ``(II) permits the customer to 
                                review such information for accuracy, 
                                and to correct and supplement such 
                                information; and
                                    ``(III) does not receive from the 
                                customer within 15 days after the date 
                                of the notice under subclause (I) 
                                notice disapproving the use of such 
                                information for the provision of such 
                                product or service to the customer as 
                                specified in the notice under such 
                                subclause.
                            ``(iii) In the case of the use, disclosure, 
                        or access of or to such information by another 
                        party, only if the telecommunications carrier 
                        that originally receives or obtains such 
                        information--
                                    ``(I) meets the requirements set 
                                forth in subclauses (I) and (II) of 
                                clause (ii) with respect to such 
                                information; and
                                    ``(II) receives from the customer 
                                written notice approving the use, 
                                disclosure, or access of or to such 
                                information for the provision of the 
                                product or service to the customer as 
                                specified in the notice under subclause 
                                (I) of this clause.
                    ``(B) Customer disapproval.--Notwithstanding the 
                previous approval of the use, disclosure, or access of 
                or to information for a purpose under clause (ii) or 
                (iii) of subparagraph (A), upon receipt from a customer 
                of written notice of the customer's disapproval of the 
                use, disclosure, or access of or to information for 
                such purpose, a telecommunications carrier shall 
                terminate the use, disclosure, or access of or to such 
                information for such purpose.
                    ``(C) Notice elements.--Each notice under clause 
                (ii) or (iii) of subparagraph (A) shall include the 
                following:
                            ``(i) The types information that may be 
                        used, disclosed, or accessed.
                            ``(ii) The specific types of businesses or 
                        individuals that may use or access the 
                        information or to which the information may be 
                        disclosed.
                            ``(iii) The specific product or service for 
                        which the information may be used, disclosed, 
                        or accessed.''.
            (2) Conforming amendments.--Paragraph (3) of such section 
        is amended by striking ``paragraph (1)'' both places it appears 
        and inserting ``paragraph (1)(A)(i)''.
    (b) Judicial and Law Enforcement Purposes.--Such section is further 
amended by adding at the end the following:
            ``(4) Judicial and law enforcement purposes.--
                    ``(A) In general.--A person that receives or 
                obtains consumer proprietary network information may 
                disclose such information--
                            ``(i) pursuant to the standards and 
                        procedures established in the Federal Rules of 
                        Civil Procedure or comparable rules of other 
                        courts or administrative agencies, in 
                        connection with litigation or proceedings to 
                        which an individual who is the subject of the 
                        information is a party and in which the 
                        individual has placed the use, disclosure, or 
                        access to such information at issue;
                            ``(ii) to a court, and to others ordered by 
                        the court, if in response to a court order 
                        issued in accordance with subparagraph (B); or
                            ``(iii) to an investigative or law 
                        enforcement officer pursuant to a warrant 
                        issued under the Federal Rules of Criminal 
                        Procedure, an equivalent State warrant, or a 
                        grand jury subpoena, or a court order issued in 
                        accordance with subparagraph (B).
                    ``(B) Requirements for court orders.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a court order for the disclosure 
                        of customer proprietary network information 
                        under subparagraph (A) may be issued by a court 
                        of competent jurisdiction only upon written 
                        application, upon oath or equivalent 
                        affirmation, by an investigative or law 
                        enforcement officer demonstrating that there is 
                        probable cause to believe that--
                                    ``(I) the information sought is 
                                relevant and material to an ongoing 
                                criminal investigation; and
                                    ``(II) the law enforcement need for 
                                the information outweighs the privacy 
                                interest of the individual to whom the 
                                information pertains.
                            ``(ii) Certain orders.--A court order may 
                        not be issued under this paragraph upon 
                        application of an officer of a State or local 
                        government if prohibited by the law of the 
                        State concerned.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.
                                 <all>