[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 83 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                 H. R. 83

To require customer consent to the provision of wireless call location 
                              information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mr. Frelinghuysen introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require customer consent to the provision of wireless call location 
                              information.

    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 ``Wireless Privacy Protection Act of 
2005''.

SEC. 2. AUTHORITY TO PROVIDE CALL LOCATION INFORMATION CONCERNING 
              WIRELESS CUSTOMERS.

    (a) Informed Consent to Provision of Location Information.--Section 
222 of the Communications Act of 1934 (47 U.S.C. 222) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting before such subsection the following new 
        subsection:
    ``(h) Authority to Use Wireless Location and Crash Information.--A 
customer shall not be considered to have granted express prior 
authorization for purposes of subsection (f) unless--
            ``(1) the carrier has provided the customer in writing a 
        clear, conspicuous, and complete disclosure of the carrier's 
        practices with respect to the collection and use of location 
        information, transaction information, and automatic crash 
        identification information, before any such information is 
        disclosed or used, and such disclosure includes a description 
        of--
                    ``(A) the specific types of information that is 
                collected by the carrier;
                    ``(B) how the carrier uses such information; and
                    ``(C) what information may be shared or sold to 
                other companies and third parties;
            ``(2) the customer has agreed in writing to the collection 
        and use of such information, or has agreed in writing to such 
        collection and use subject to certain limitations; and
            ``(3) the carrier has established and maintains reasonable 
        procedures to protect the confidentiality, security, and 
        integrity of the information the carrier collects and maintains 
        in accordance with such customer consents.''.
    (b) Regulations Required.--The Federal Communications Commission 
shall prescribe regulations to implement the amendments made by 
subsection (a) within 6 months after the date of enactment of this Act.
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