II 109th CONGRESS 2d Session S. 2177 IN THE SENATE OF THE UNITED STATES January 18, 2006 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make the sale or fraudulent transfer of telephone records a criminal offense.

1.

Short title

This Act may be cited as the Phone Records Protection Act of 2006.

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: 124

Telephone records

Sec. 2801. Prohibition on sale or transfer of telephone records.

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 records2801”.