PUBLIC LAW 109–476—JAN. 12, 2007

TELEPHONE RECORDS AND PRIVACY

PROTECTION ACT OF 2006

120 STAT. 3568 PUBLIC LAW 109–476—JAN. 12, 2007

Public Law 109–476

109th Congress

An Act

To amend title 18, United States Code, to strengthen protections for law enforcement

officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records.

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 ‘‘Telephone Records and Privacy

Protection Act of 2006’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) telephone records can be of great use to criminals

because the information contained in call logs may include

a wealth of personal data;

(2) call logs may reveal the names of telephone users’

doctors, public and private relationships, business associates,

and more;

(3) call logs are typically maintained for the exclusive use

of phone companies, their authorized agents, and authorized

consumers;

(4) telephone records have been obtained without the

knowledge or consent of consumers through the use of a number

of fraudulent methods and devices that include—

(A) telephone company employees selling data to

unauthorized data brokers;

(B) ‘‘pretexting’’, whereby a data broker or other person

represents that they are an authorized consumer and convinces an agent of the telephone company to release the

data; or

(C) gaining unauthorized Internet access to account

data by improperly activating a consumer’s account

management features on a phone company’s webpage or

contracting with an Internet-based data broker who

trafficks in such records; and

(5) the unauthorized disclosure of telephone records not

only assaults individual privacy but, in some instances, may

further acts of domestic violence or stalking, compromise the

personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations.

18 USC 1039

note.

18 USC 1 note.

Telephone

Records and

Privacy

Protection Act of

2006.

Jan. 12, 2007

[H.R. 4709]

PUBLIC LAW 109–476—JAN. 12, 2007 120 STAT. 3569

SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH

OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED ENTITY.

(a) OFFENSE.—Chapter 47 of title 18, United States Code, is

amended by inserting after section 1038 the following:

‘‘§ 1039. Fraud and related activity in connection with

obtaining confidential phone records information of a covered entity

‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate or foreign

commerce, knowingly and intentionally obtains, or attempts to

obtain, confidential phone records information of a covered entity,

by—

‘‘(1) making false or fraudulent statements or representations to an employee of a covered entity;

‘‘(2) making such false or fraudulent statements or representations to a customer of a covered entity;

‘‘(3) providing a document to a covered entity knowing

that such document is false or fraudulent; or

‘‘(4) accessing customer accounts of a covered entity via

the Internet, or by means of conduct that violates section 1030

of this title, without prior authorization from the customer

to whom such confidential phone records information relates;

shall be fined under this title, imprisoned for not more than 10

years, or both.

‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CONFIDENTIAL

PHONE RECORDS INFORMATION.—

‘‘(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without

prior authorization from the customer to whom such confidential phone records information relates, or knowing or having

reason to know such information was obtained fraudulently,

shall be fined under this title, imprisoned not more than 10

years, or both.

‘‘(2) For purposes of this subsection, the exceptions specified

in section 222(d) of the Communications Act of 1934 shall

apply for the use of confidential phone records information

by any covered entity, as defined in subsection (h).

‘‘(c) PROHIBITION ON PURCHASE OR RECEIPT OF CONFIDENTIAL

PHONE RECORDS INFORMATION.—

‘‘(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally purchases or receives, or attempts to purchase or

receive, confidential phone records information of a covered

entity, without prior authorization from the customer to whom

such confidential phone records information relates, or knowing

or having reason to know such information was obtained

fraudulently, shall be fined under this title, imprisoned not

more than 10 years, or both.

‘‘(2) For purposes of this subsection, the exceptions specified

in section 222(d) of the Communications Act of 1934 shall

apply for the use of confidential phone records information

by any covered entity, as defined in subsection (h).

‘‘(d) ENHANCED PENALTIES FOR AGGRAVATED CASES.—Whoever

violates, or attempts to violate, subsection (a), (b), or (c) while

Applicability.

Applicability.

120 STAT. 3570 PUBLIC LAW 109–476—JAN. 12, 2007

violating another law of the United States or as part of a pattern

of any illegal activity involving more than $100,000, or more than

50 customers of a covered entity, in a 12-month period shall, in

addition to the penalties provided for in such subsection, be fined

twice the amount provided in subsection (b)(3) or (c)(3) (as the

case may be) of section 3571 of this title, imprisoned for not more

than 5 years, or both.

‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMATION IN FURTHERANCE OF CERTAIN CRIMINAL OFFENSES.—

‘‘(1) Whoever, violates, or attempts to violate, subsection

(a), (b), or (c) knowing that such information may be used

in furtherance of, or with the intent to commit, an offense

described in section 2261, 2261A, 2262, or any other crime

of violence shall, in addition to the penalties provided for in

such subsection, be fined under this title and imprisoned not

more than 5 years.

‘‘(2) Whoever, violates, or attempts to violate, subsection

(a), (b), or (c) knowing that such information may be used

in furtherance of, or with the intent to commit, an offense

under section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,

threaten, harass, injure, or kill any Federal, State, or local

law enforcement officer shall, in addition to the penalties provided for in such subsection, be fined under this title and

imprisoned not more than 5 years.

‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial

jurisdiction over an offense under this section.

‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.—This

section does not prohibit any lawfully authorized investigative,

protective, or intelligence activity of a law enforcement agency

of the United States, a State, or political subdivision of a State,

or of an intelligence agency of the United States.

‘‘(h) DEFINITIONS.—In this section:

‘‘(1) CONFIDENTIAL PHONE RECORDS INFORMATION.—The

term ‘confidential phone records information’ means information that—

‘‘(A) relates to the quantity, technical configuration,

type, destination, location, or amount of use of a service

offered by a covered entity, subscribed to by any customer

of that covered entity, and kept by or on behalf of that

covered entity solely by virtue of the relationship between

that covered entity and the customer;

‘‘(B) is made available to a covered entity by a customer

solely by virtue of the relationship between that covered

entity and the customer; or

‘‘(C) is contained in any bill, itemization, or account

statement provided to a customer by or on behalf of a

covered entity solely by virtue of the relationship between

that covered entity and the customer.

‘‘(2) COVERED ENTITY.—The term ‘covered entity’—

‘‘(A) has the same meaning given the term ‘telecommunications carrier’ in section 3 of the Communications

Act of 1934 (47 U.S.C. 153); and

‘‘(B) includes any provider of IP-enabled voice service.

‘‘(3) CUSTOMER.—The term ‘customer’ means, with respect

to a covered entity, any individual, partnership, association,

PUBLIC LAW 109–476—JAN. 12, 2007 120 STAT. 3571

LEGISLATIVE HISTORY—H.R. 4709:

HOUSE REPORTS: No. 109–395 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Apr. 25, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service.

‘‘(4) IP-ENABLED VOICE SERVICE.—The term ‘IP-enabled

voice service’ means the provision of real-time voice communications offered to the public, or such class of users as to be

effectively available to the public, transmitted through customer

premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with

interconnection capability such that the service can originate

traffic to, or terminate traffic from, the public switched telephone network, or a successor network.’’.

(b) CHAPTER ANALYSIS.—The table of sections for chapter 47

of title 18, United States Code, is amended by adding after the

item relating to section 1038 the following:

‘‘1039. Fraud and related activity in connection with obtaining confidential phone

records information of a covered entity.’’.

SEC. 4. SENTENCING GUIDELINES.

(a) REVIEW AND AMENDMENT.—Not later than 180 days after

the date of enactment of this Act, the United States Sentencing

Commission, pursuant to its authority under section 994 of title

28, United States Code, and in accordance with this section, shall

review and, if appropriate, amend the Federal sentencing guidelines

and policy statements applicable to persons convicted of any offense

under section 1039 of title 18, United States Code.

(b) AUTHORIZATION.—The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance

with the procedures set forth in section 21(a) of the Sentencing

Act of 1987 (28 U.S.C. 994 note) as though the authority under

that section had not expired.

Approved January 12, 2007.

Deadline.

28 USC 994 note.