[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2454

 To amend the Communications Act of 1934 to protect the privacy rights 
          of subscribers to wireless communications services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2007

  Mrs. Boxer (for herself, Mr. Specter, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to protect the privacy rights 
          of subscribers to wireless communications services.

    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 411 Privacy Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are roughly 250,000,000 wireless subscribers in 
        the United States, up from approximately 15,000,000 subscribers 
        just a decade ago;
            (2) wireless phone service has proven valuable to millions 
        of Americans because of its mobility, and the fact that 
        government policies have expanded opportunities for new 
        carriers to enter the market, offering more choices and ever 
        lower prices for consumers;
            (3) in addition to the benefits of competition and 
        mobility, subscribers also benefit from the fact that wireless 
        phone numbers have not been publicly available;
            (4) up until now, the privacy of wireless subscribers has 
        been safeguarded and thus vastly diminished the likelihood of 
        subscribers receiving unwanted or annoying phone call 
        interruptions on their wireless phones;
            (5) moreover, because their wireless contact information, 
        such as their phone number, have never been publicly available 
        in any published directory or from any directory assistance 
        service, subscribers have come to expect that if their phone 
        rings it's likely to be a call from someone to whom they have 
        personally given their number;
            (6) the wireless industry is poised to begin implementing a 
        directory assistance service so that callers can reach wireless 
        subscribers, including subscribers who have not given such 
        callers their wireless phone number;
            (7) while some wireless subscribers may find such directory 
        assistance service useful, current subscribers deserve the 
        right to choose whether they want to participate in such a 
        directory;
            (8) because wireless users are typically charged for 
        incoming calls, consumers must be afforded the ability to 
        maintain the maximum amount of control over how many calls they 
        may expect to receive and, in particular, control over the 
        disclosure of their wireless phone number;
            (9) current wireless subscribers who elect to participate, 
        or new wireless subscribers who decline to be listed, in any 
        new wireless directory assistance service directory, including 
        those subscribers who also elect not to receive forwarded calls 
        from any wireless directory assistance service, should not be 
        charged for exercising such rights;
            (10) the marketplace has not yet adequately explained an 
        effective plan to protect consumer privacy rights;
            (11) Congress previously acted to protect the wireless 
        location information of subscribers by enacting prohibitions on 
        the disclosure of such sensitive information without the 
        express prior authorization of the subscriber; and
            (12) the public interest would be served by similarly 
        enacting effective and industry-wide privacy protections for 
        consumers with respect to wireless directory assistance 
        service.

SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.

    Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) 
is amended by adding at the end the following:
            ``(9) Wireless consumer privacy protection.--
                    ``(A) In general.--A provider of commercial mobile 
                services, or any direct or indirect affiliate or agent 
                of such a provider, may not include the wireless 
                telephone number information of any subscriber in any 
                wireless directory assistance service database unless--
                            ``(i) the mobile service provider provides 
                        a conspicuous, separate notice to the 
                        subscriber informing the subscriber of the 
                        right not to be listed in any wireless 
                        directory assistance service; and
                            ``(ii) the mobile service provider obtains 
                        express prior authorization for listing from 
                        such subscriber, separate from any 
                        authorization obtained to provide such 
                        subscriber with commercial mobile service, or 
                        any calling plan or service associated with 
                        such commercial mobile service, and such 
                        authorization has not been subsequently 
                        withdrawn.
                    ``(B) Cost-free de-listing.--A provider of 
                commercial mobile services, or any direct or indirect 
                affiliate or agent of such a provider, shall remove the 
                wireless telephone number information of any subscriber 
                from any wireless directory assistance service database 
                upon request by that subscriber and without any cost to 
                the subscriber.
                    ``(C) Wireless accessibility.--A provider of 
                commercial mobile services, or any direct or indirect 
                affiliate or agent of such provider, may connect a 
                calling party from a wireless directory assistance 
                service to a commercial mobile service subscriber only 
                if--
                            ``(i) such subscriber is provided prior 
                        notice of the calling party's identity and is 
                        permitted to accept or reject the incoming call 
                        on a per-call basis;
                            ``(ii) such subscriber's wireless telephone 
                        number information is not disclosed to the 
                        calling party; and
                            ``(iii) such subscriber has not declined or 
                        refused to participate in such database.
                    ``(D) Protection of wireless phone numbers.--A 
                telecommunications carrier shall not disclose in its 
                billing information provided to customers wireless 
                telephone number information of subscribers who have 
                indicated a preference to their commercial mobile 
                services provider for not having their wireless 
                telephone number information disclosed. Notwithstanding 
                the preceding sentence, a telecommunications carrier 
                may disclose a portion of the wireless telephone number 
                in its billing information if the actual number cannot 
                be readily ascertained.
                    ``(E) Publication of directories prohibited.--A 
                provider of commercial mobile services, or any direct 
                or indirect affiliate or agent of such a provider, may 
                not publish, in printed, electronic, or other form, or 
                sell or otherwise disseminate, the contents of any 
                wireless directory assistance service database, or any 
                portion or segment thereof unless--
                            ``(i) the mobile service provider provides 
                        a conspicuous, separate notice to the 
                        subscriber informing the subscriber of the 
                        right not to be listed; and
                            ``(ii) the mobile service provider obtains 
                        express prior authorization for listing from 
                        such subscriber, separate from any 
                        authorization obtained to provide such 
                        subscriber with commercial mobile service, or 
                        any calling plan or service associated with 
                        such commercial mobile service, and such 
                        authorization has not been subsequently 
                        withdrawn.
                    ``(F) No consumer fee for retaining privacy.--A 
                provider of commercial mobile services may not charge 
                any subscriber for exercising any of the rights under 
                this paragraph.
                    ``(G) State and local laws pre-empted.--To the 
                extent that any State or local government imposes 
                requirements on providers of commercial mobile 
                services, or any direct or indirect affiliate or agent 
                of such providers, that are inconsistent with the 
                requirements of this paragraph, this paragraph preempts 
                such State or local requirements.
                    ``(H) Definitions.--In this paragraph:
                            ``(i) Calling party's identity.--The term 
                        `calling party's identity' means the telephone 
                        number of the calling party or the name of 
                        subscriber to such telephone, or an oral or 
                        text message which provides sufficient 
                        information to enable a commercial mobile 
                        services subscriber to determine who is 
                        calling.
                            ``(ii) Unlisted commercial mobile services 
                        subscriber.--The term `unlisted commercial 
                        mobile services subscriber' means a subscriber 
                        to commercial mobile services who has not 
                        provided express prior consent to a commercial 
                        mobile service provider to be included in a 
                        wireless directory assistance service database.
                            ``(iii) 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 subscriber to commercial mobile services, and 
                        which is assigned by a commercial mobile 
                        service provider to such subscriber, and 
                        includes such subscriber's name and address.
                            ``(iv) Wireless directory assistance 
                        service.--The term `wireless directory 
                        assistance service' means any service for 
                        connecting calling parties to a subscriber of 
                        commercial mobile service when such calling 
                        parties themselves do not possess such 
                        subscriber's wireless telephone number 
                        information.''.

SEC. 4. 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) State and local laws pre-empted.--This subsection 
        supersedes any provision of a statute, regulation, or rule, and 
        any other requirement, prohibition, or remedy under State law, 
        or the law of any political subdivision of a State, to the 
        extent that such provision, regulation, rule, requirement, 
        prohibition, or remedy is inconsistent with 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.''.
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