[Congressional Record Volume 152, Number 2 (Wednesday, January 18, 2006)]
[Senate]
[Page S15]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2177. A bill to make the sale or fraudulent transfer of telephone 
records a criminal offense; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, today, I am introducing The Phone Records 
Protection Act of 2006. This important legislation would prohibit the 
sale or fraudulent transfer or use of telephone records and provide 
tough criminal penalties for violating phone users' privacy.
  The Chicago Sun Times and other news sources have recently reported 
that online brokers are illegally obtaining cell phone records and 
selling them without customers' knowledge. Telephone companies receive 
many legitimate requests from consumers and law enforcement officials 
for access to personal records and the requests are handled 
expeditiously. However, online brokers have taken advantage of the 
system and begun selling cell phone records to anyone who requests 
them.
  Although current law addresses fraud and identity theft using the 
Internet, the law does not specifically prohibit the sale of personal 
information obtained illegally or without the consent of cell phone 
customers. Consumer and privacy groups have expressed concerns about 
the access and availability of personal information. Regardless of how 
a bad actor obtains the telephone records of innocent and unsuspecting 
customers, the sale of such information should be prohibited.
  The Phone Records Protection Act of 2006 would deter online brokers 
by prohibiting the sale or fraudulent transfer or use of telephone 
records. The sale of this information is a violation of individual 
privacy and also creates the possibility of identity theft. Moreover, 
the sale of telephone records of law enforcement personnel and public 
officials could endanger public safety, as criminals and terrorists 
would be eager to have such information.
  I encourage my colleagues to support this important legislative 
effort and cosponsor this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2177

       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:
2801''.ohibition on sale of telephone records........................

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