[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4714 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4714

To make the sale or fraudulent transfer of telephone records a criminal 
                                offense.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2006

 Mr. Boswell introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make the sale or fraudulent transfer of telephone records a criminal 
                                offense.

    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 ``Phone Records Protection Act of 
2006''.

SEC. 2. PROHIBITION ON SALE OR TRANSFER OF TELEPHONE RECORDS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 123 the following new chapter:

                    ``CHAPTER 124--TELEPHONE RECORDS

``Sec
``2801. Prohibition on sale or transfer of telephone records.
``Sec. 2801. Prohibition on sale or transfer of telephone records
    ``(a) Criminal Violation.--Whoever knowingly and intentionally 
sells or fraudulently transfers or uses, or attempts to sell or 
fraudulently transfer or use, the records of a customer of a telephone 
service provider shall be fined in accordance with this title, 
imprisoned for not more than 10 years, or both.
    ``(b) Nonapplicability to Law Enforcement Agencies.--Subsection (a) 
shall not prevent any action by a law enforcement agency, or any 
officer, employee, or agent of such agency, to obtain the records of a 
customer of a telephone service provider in connection with the 
performance of the official duties of the agency.
    ``(c) Exception for Law Enforcement Requests.--A telephone service 
provider, or any employee thereof, shall not be in violation of 
subsection (a) if such provider, upon request, transfers or otherwise 
provides to a law enforcement agency, or any officer, employee, or 
agent of such agency the records of a customer of such provider.
    ``(d) Definitions.--In this section:
            ``(1) Records of a customer.--The term `records of a 
        customer' means any data or information associated with an 
        individual contained in a database, networked or integrated 
        databases, or other data system of a telephone service 
        provider.
            ``(2) Telephone service.--The term `telephone service'--
                    ``(A) has the same meaning given the term 
                `telecommunications service' in section 3 of the 
                Communications Act of 1934 (47 U.S.C. 153); and
                    ``(B) includes any form of wireless telephone 
                service, including--
                            ``(i) cellular telephone service;
                            ``(ii) broadband Personal Communication 
                        Service (`PCS') telephone service;
                            ``(iii) Covered Specialized Mobile Radio 
                        (`SMR') service; and
                            ``(iv) any successor service to such 
                        service (including so-called next generation or 
                        third generation service).
            ``(3) Telephone service provider.--The term `telephone 
        service provider' has the same meaning given the term 
        `telecommunications carrier' in section 3 of the Communications 
        Act of 1934 (47 U.S.C. 153).''.
    (b) Amendment to Part Analysis.--The table of chapters at the 
beginning of part I of title 18, United States Code, is amended by 
inserting after the item relating to chapter 123 the following new 
item:

``124. Prohibition on sale of telephone records.............    2801''.
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