[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4678 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4678

          To prohibit fraudulent access to telephone records.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2006

 Ms. Schakowsky (for herself, Mr. Hinchey, Ms. Kilpatrick of Michigan, 
and Mr. Gutierrez) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
          To prohibit fraudulent access to telephone 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 ``Stop Attempted Fraud Against 
Everyone's Cell and Land Line (SAFE CALL) Act''.

SEC. 2. FRAUDULENT ACCESS TO CUSTOMER TELEPHONE RECORDS.

    (a) Conduct Prohibited.--
            (1) Prohibition on obtaining customer information by false 
        pretenses.--It shall be unlawful for any person to obtain or 
        attempt to obtain, or cause to be disclosed or attempt to cause 
        to be disclosed to any person, customer proprietary network 
        information relating to any other person by--
                    (A) making a false, fictitious, or fraudulent 
                statement or representation to an officer, employee, or 
                agent of a telecommunications carrier; or
                    (B) by providing any document or other information 
                to a telecommunications carrier or an officer, 
                employee, or agent of a telecommunications carrier, 
                knowing that the document or other information is 
                forged, counterfeit, lost, or stolen, was fraudulently 
                obtained, or contains a false, fictitious, or 
                fraudulent statement or representation.
            (2) Prohibition on solicitation of a person to obtain 
        customer information under false pretenses.--It shall be 
        unlawful to request a person to obtain customer proprietary 
        network information of a telecommunications carrier, knowing 
        that the person will obtain, or attempt to obtain, the 
        information from the telecommunications carrier in the manner 
        described in subsection (a).
            (3) Prohibition on sale or other disclosure of customer 
        information obtained under false pretenses.--It shall be 
        unlawful for any person to sell or otherwise disclose customer 
        proprietary network information relating to any other person, 
        knowing that such information was obtained in the manner 
        described in subsection (a).

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    A violation of this Act shall be treated as an unfair or deceptive 
act or practice in violation of section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45). All of the functions and powers of the 
Federal Trade Commission under that Act are available to the Commission 
to enforce compliance by any person with this Act, irrespective of 
whether that person is engaged in commerce or meets any other 
jurisdictional tests in the Federal Trade Commission Act.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (2) the term ``customer proprietary network information'' 
        has the meaning given such term in section 222(h)(1) of the 
        Communications Act of 1934 (47 U.S.C. 222(h)(1)); and
            (3) the term ``telecommunications carrier'' has the meaning 
        given such term in section 3(44) of the Communications Act of 
        1934 (47 U.S.C. 153(44)).
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