[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 4709

_______________________________________________________________________

                                 AN ACT


 
 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 ``Telephone Records and 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--
                    (A) telephone company employees selling data to 
                unauthorized data brokers;
                    (B) ``pretexting'', whereby a data broker or other 
                person represents that 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 or stalking, compromise the 
        personal safety of law enforcement officers, their families, 
        victims of crime, witnesses, 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.

    (a) Offense.--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, in interstate or foreign 
commerce, 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, or by means of conduct that violates section 1030 
        of this title, without prior authorization from the customer to 
        whom such confidential phone records information relates;
shall be fined under this title, imprisoned for not more than 10 years, 
or both.
    ``(b) Prohibition on Sale or Transfer of Confidential Phone Records 
Information.--
            ``(1) Except as otherwise permitted by applicable law, 
        whoever, in interstate or foreign commerce, knowingly and 
        intentionally sells or transfers, or attempts to sell or 
        transfer, confidential phone records information of a covered 
        entity, without prior authorization from the customer to whom 
        such confidential phone records information relates, or knowing 
        or having reason to know such information was obtained 
        fraudulently, shall be fined under this title, imprisoned not 
        more than 10 years, or both.
            ``(2) For purposes of this subsection, the exceptions 
        specified in section 222(d) of the Communications Act of 1934 
        shall apply for the use of confidential phone records 
        information by any covered entity, as defined in subsection 
        (h).
    ``(c) Prohibition on Purchase or Receipt of Confidential Phone 
Records Information.--
            ``(1) Except as otherwise permitted by applicable law, 
        whoever, in interstate or foreign commerce, knowingly and 
        intentionally purchases or receives, or attempts to purchase or 
        receive, confidential phone records information of a covered 
        entity, without prior authorization from the customer to whom 
        such confidential phone records information relates, or knowing 
        or having reason to know such information was obtained 
        fraudulently, shall be fined under this title, imprisoned not 
        more than 10 years, or both.
            ``(2) For purposes of this subsection, the exceptions 
        specified in section 222(d) of the Communications Act of 1934 
        shall apply for the use of confidential phone records 
        information by any covered entity, as defined in subsection 
        (h).
    ``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates, 
or attempts to violate, subsection (a), (b), or (c) 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 such subsection, 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 
        such subsection, 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 such subsection, be fined under this title and 
        imprisoned not more than 5 years.
    ``(f) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over an offense under this section.
    ``(g) Nonapplicability to Law Enforcement Agencies.--This section 
does not prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.
    ``(h) Definitions.--In this section:
            ``(1) Confidential phone records information.--The term 
        `confidential phone records information' means information 
        that--
                    ``(A) 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 kept by or on behalf of that covered entity solely 
                by virtue of the relationship between that covered 
                entity and the customer;
                    ``(B) is made available to a covered entity by a 
                customer solely by virtue of the relationship between 
                that covered entity and the customer; or
                    ``(C) is contained in any bill, itemization, or 
                account statement provided to a customer by or on 
                behalf of a covered entity solely by virtue of the 
                relationship between that covered entity and the 
                customer.
            ``(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 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, (whether part of a bundle of services or 
        separately) with interconnection capability such that the 
        service can originate traffic to, or terminate traffic from, 
        the public switched telephone network, or a successor 
        network.''.
    (b) Chapter Analysis.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding after the item 
relating to section 1038 the following:

``1039. Fraud and related activity in connection with obtaining 
                            confidential phone records information of a 
                            covered entity.''.

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.

            Passed the House of Representatives April 25, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 4709

_______________________________________________________________________

                                 AN ACT

 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.