II 110th CONGRESS 1st Session S. 2361 IN THE SENATE OF THE UNITED STATES November 15, 2007 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ensure the privacy of wireless telephone numbers, and for other purposes.

1.

Short title

This Act may be cited as the Cell Phone Number Protection Act of 2007.

2.

Prohibition on sale of cell phone numbers to third parties

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 after subsection (g) the following new subsection: (h)

Prohibitions with respect to dissemination or collection of cell phone numbers

(1)

Prohibition on sale to third parties

Notwithstanding the exception provided under subsection (e), no person, including any provider of commercial mobile services, wireless directory assistance service, or any direct or indirect affiliate or agent of such a provider, shall sell, offer for sale, or otherwise disseminate, the wireless telephone information of any individual unless the individual provides, in writing, to such person express prior authorization for the sale, offer for sale, or dissemination of such information. (2)

Prohibition on publication of directories

No person may publish, market for sale, or otherwise disseminate, any directory, index, or other list of the wireless telephone information of individuals unless each individual whose information appears in such directory, index, or list provides, in writing, to such person express prior authorization for the publication, marketing, or dissemination of such information. (3)

Preemption

This subsection shall not be construed as superseding, altering, or affecting any statute, regulation, order, or interpretation in effect in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this subsection, and then only to the extent of the inconsistency. A State statute, regulation, order, or interpretation is not inconsistent with the provisions of this subsection if the protection such statute, regulation, order, or interpretation affords any resident of the United States is greater than the protection provided under this subsection. (4)

Definitions

In this subsection: (A)

Wireless telephone number information

The term wireless telephone number information means the telephone number, electronic address, and any other identifying information by which a calling party may reach a commercial mobile services customer, and which is assigned by a commercial mobile service provider to such customer, and includes the name and address of such customer. (B)

Wireless directory assistance service

The term wireless directory assistance service means any service for connecting calling parties to a commercial mobile service customer when such calling parties themselves do not possess the wireless telephone number information of such customer. .