[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Enrolled Bill (ENR)]


        H.R.4709

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.