II 

109TH CONGRESS 

2ND SESSION S. 2264 

To provide enhanced consumer protection from unauthorized sales and use 

of confidential telephone information by amending the Communications 

Act of 1934, prohibiting certain practices, and providing for enforcement 

by the Federal Trade Commission and States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2006 

Mr. PRYOR (for himself and Mr. NELSON of Florida) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To provide enhanced consumer protection from unauthorized 

sales and use of confidential telephone information by 

amending the Communications Act of 1934, prohibiting 

certain practices, and providing for enforcement by the 

Federal Trade Commission and States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Consumer Phone Record Security Act of 2006’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Fraud and related activity in connection with obtaining customer proprietary network information. 

Sec. 3. Enforcement by Federal Trade Commission. 

Sec. 4. Concurrent enforcement by Federal Communications Commission. 

Sec. 5. Enforcement by States. 

Sec. 6. Consumer redress. 

Sec. 7. Protection of customer proprietary network information. 

3 SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION 

4 WITH OBTAINING CUSTOMER PROPRIETARY 

5 NETWORK INFORMATION. 

6 (a) UNAUTHORIZED ACCESS OR USE OF CPNI.—It 

7 is unlawful for any person— 

8 (1) to obtain, or attempt to obtain, an individ9 ual’s customer proprietary network information 

10 without authorization from the individual to whom 

11 the information relates by— 

12 (A) making false or fraudulent statements 

13 or representations to an employee or customer 

14 of a telecommunications carrier; 

15 (B) providing false documentation to a 

16 telecommunications carrier; or 

17 (C) accessing customer accounts of a tele18 communications carrier via the Internet; or 

19 (2) to cause, or attempt to cause, an individ20 ual’s customer proprietary network information to 

21 be disclosed to any other person without authoriza-
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1 tion from the individual to whom the information re2 lates. 

3 (b) UNAUTHORIZED SALE OF CUSTOMER PROPRI4 ETARY NETWORK INFORMATION.—Except as otherwise 

5 authorized by law, it is unlawful for any person to sell, 

6 or offer for sale, customer proprietary network informa7 tion without affirmative written authorization from the in8 dividual to whom the information relates. 

9 (c) SOLICITATION TO OBTAIN CUSTOMER PROPRI10 ETARY NETWORK INFORMATION.—It is unlawful for any 

11 person to request that another person obtain customer 

12 proprietary network information from a telecommuni13 cations carrier, knowing that the other person will obtain 

14 the information from the telecommunications carrier in 

15 any manner that is unlawful under subsection (a). 

16 (d) LAW ENFORCEMENT EXCEPTION.—Nothing in 

17 this section prohibits a law enforcement officer from ob18 taining customer proprietary network information from a 

19 telecommunications carrier if— 

20 (1) the officer, employee, or agent is acting 

21 within his or her scope of employment; 

22 (2) the officer, employee, or agent is authorized 

23 by law to obtain the information; and 
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1 (3) the information may lawfully be disclosed to 

2 the officer pursuant to court order or other legal au3 thority. 

4 (e) DEFINITIONS.—In this section: 

5 (1) CUSTOMER PROPRIETARY NETWORK INFOR6 MATION.—The term ‘‘customer proprietary network 

7 information’’ has the meaning given that term in 

8 section 222(i)(1) of the Communications Act of 

9 1934 (47 U.S.C. 222(i)(1))). 

10 (2) LAW ENFORCEMENT OFFICER.—The term 

11 ‘‘law enforcement officer’’ has the meaning given 

12 that term in section 232(7) of title 18, United 

13 States Code. 

14 (3) TELECOMMUNICATIONS CARRIER.—The 

15 term ‘‘telecommunications carrier’’ has the meaning 

16 given that term in section 222(i)(8) of the Commu17 nications Act of 1947 (47 U.S.C. 222(i)(8)). 

18 SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

19 (a) IN GENERAL.—Except as provided in sections 4, 

20 5, and 6 of this Act, this Act shall be enforced by the 

21 Federal Trade Commission. 

22 (b) VIOLATION TREATED AS AN UNFAIR OR DECEP23 TIVE ACT OR PRACTICE.—Violation of section 2 shall be 

24 treated as an unfair or deceptive act or practice proscribed 
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1 under a rule issued under section 18(a)(1)(B) of the Fed2 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

3 (c) ACTIONS BY THE COMMISSION.—The Commission 

4 shall prevent any person from violating this Act in the 

5 same manner, by the same means, and with the same ju6 risdiction, powers, and duties as though all applicable 

7 terms and provisions of the Federal Trade Commission 

8 Act (15 U.S.C. 41 et seq.) were incorporated into and 

9 made a part of this Act. Any person that violates section 

10 2 is subject to the penalties and entitled to the privileges 

11 and immunities provided in the Federal Trade Commis12 sion Act in the same manner, by the same means, and 

13 with the same jurisdiction, powers, and duties as though 

14 all applicable terms and provisions of the Federal Trade 

15 Commission Act were incorporated into and made a part 

16 of this Act. 

17 (d) ADDITIONAL PENALTY.—In addition to any other 

18 penalty prescribed by law— 

19 (1) a civil penalty of not more than $11,000 

20 shall be imposed for each violation of section 2 of 

21 this Act; and 

22 (2) a violation of section 2 of this Act with re23 spect to the customer network proprietary informa24 tion of an individual shall be treated as a separate 

25 violation from a violation of section 2 of this Act 
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1 with respect to the customer network proprietary in2 formation of any other individual. 

3 SEC. 4. CONCURRENT ENFORCEMENT BY FEDERAL COM4 MUNICATIONS COMMISSION. 

5 The Federal Communications Commission shall en6 force section 2. For purposes of enforcement of that sec7 tion by the Commission, a violation of that section is 

8 deemed to be a violation of a provision of the Communica9 tions Act of 1934 (47 U.S.C. 151 et seq.) rather than a 

10 violation of the Federal Trade Commission Act. 

11 SEC. 5. ENFORCEMENT BY STATES. 

12 (a) IN GENERAL.—A State, as parens patriae, may 

13 bring a civil action on behalf of its residents in an appro14 priate district court of the United States to enforce section 

15 2 or to impose the civil penalties authorized by section 

16 3, whenever the chief legal officer of the State has reason 

17 to believe that the interests of the residents of the State 

18 have been or are being threatened or adversely affected 

19 by a violation of this Act or a regulation under this Act. 

20 (b) NOTICE.—The State shall serve written notice on 

21 the Federal Trade Commission and the Federal Commu22 nications Commission of any civil action under subsection 

23 (a) prior to initiating such civil action. The notice shall 

24 include a copy of the complaint to be filed to initiate such 

25 civil action, except that if it is not feasible for the State 
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1 to provide such prior notice, the State shall provide such 

2 notice immediately upon instituting such civil action. 

3 (c) AUTHORITY TO INTERVENE.—Upon receiving the 

4 notice required by subsection (b), either Commission may 

5 intervene in such civil action and upon intervening— 

6 (1) be heard on all matters arising in such civil 

7 action; and 

8 (2) file petitions for appeal of a decision in such 

9 civil action. 

10 (d) CONSTRUCTION.—For purposes of bringing any 

11 civil action under subsection (a), nothing in this section 

12 shall prevent the chief legal officer of a State from exer13 cising the powers conferred on that officer by the laws of 

14 such State to conduct investigations or to administer oaths 

15 or affirmations or to compel the attendance of witnesses 

16 or the production of documentary and other evidence. 

17 (e) VENUE; SERVICE OF PROCESS.— 

18 (1) VENUE.—An action brought under sub19 section (a) shall be brought in a district court of the 

20 United States that meets applicable requirements re21 lating to venue under section 1391 of title 28, 

22 United States Code. 

23 (2) SERVICE OF PROCESS.—In an action 

24 brought under subsection (a)— 
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1 (A) process may be served without regard 

2 to the territorial limits of the district or of the 

3 State in which the action is instituted; and 

4 (B) a person who participated in an al5 leged violation that is being litigated in the civil 

6 action may be joined in the civil action without 

7 regard to the residence of the person. 

8 SEC. 6. CONSUMER REDRESS. 

9 (a) IN GENERAL.—An individual whose customer 

10 proprietary network information has been obtained, used, 

11 or sold in violation of section 2 may file a civil action in 

12 any court of competent jurisdiction against the person who 

13 committed the violation. 

14 (b) REMEDIES.—A court in which such a civil action 

15 has been brought may— 

16 (1) impose a civil penalty of not more than 

17 $11,000 for each violation of this Act with respect 

18 to the plaintiff’s customer proprietary network infor19 mation; and 

20 (2) provide such additional relief as the court 

21 deems appropriate, including the award of court 

22 costs, investigative costs, and reasonable attorney’s 

23 fees. 

24 (c) LIMITATION.—Nothing in this section authorizes 

25 an individual to bring a civil action against a telecommuni-
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1 cations carrier (as defined in section 222(i)(8) of the Com2 munications Act of 1947 (47 U.S.C. 222(i)(8))). 

3 SEC. 7. PROTECTION OF CUSTOMER PROPRIETARY NET4 WORK INFORMATION. 

5 (a) IN GENERAL.—Section 222 of the Communica6 tions Act of 1934 (47 U.S.C. 222) is amended— 

7 (1) by redesignating subsection (h) as sub8 section (i); and 

9 (2) by inserting after subsection (g) the fol10 lowing: 

11 ‘‘(h) PROTECTION OF CUSTOMER PROPRIETARY

12 NETWORK INFORMATION.— 

13 ‘‘(1) IN GENERAL.—A telecommunications car14 rier shall— 

15 ‘‘(A) implement a system by which the car16 rier can determine whether an individual has 

17 authorized access to, or the release of, an indi18 vidual’s customer proprietary network informa19 tion before it is made available to third parties; 

20 ‘‘(B) ensure that personnel with access to 

21 customer proprietary network information are 

22 trained as to when they are and are not author23 ized to use customer proprietary network infor24 mation and have a disciplinary process in effect 
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1 for disciplining personnel for misuse of cus2 tomer proprietary network information; 

3 ‘‘(C) maintain for at least 1 year a record 

4 of any sales or marketing campaign conducted 

5 by carrier or its affiliates that uses customer 

6 proprietary network information; 

7 ‘‘(D) maintain for at least 1 year a record 

8 of each instance in which customer proprietary 

9 network information was disclosed or provided 

10 to the customer or third parties, or where third 

11 parties were allowed access to customer propri12 etary network information, in the sales or mar13 keting campaign that includes— 

14 ‘‘(i) a description of the sales or mar15 keting campaign in which the information 

16 was used; 

17 ‘‘(ii) the specific customer proprietary 

18 network information that was used in the 

19 campaign; and 

20 ‘‘(iii) a description of the products 

21 and services that were offered as a part of 

22 the campaign; 

23 ‘‘(E) establish a supervisory review process 

24 regarding compliance with this subsection for 
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1 outbound marketing situations and maintain for 

2 at least 1 year a record of its compliance; 

3 ‘‘(F) require an officer or agent of the car4 rier to sign a compliance certificate on an an5 nual basis stating that the officer or agent has 

6 personal knowledge that the carrier has estab7 lished operating procedures that are adequate 

8 to ensure compliance with this subsection; and 

9 ‘‘(G) submit to the Commission annually— 

10 ‘‘(i) a copy of the certificate required 

11 by subparagraph (F); and 

12 ‘‘(ii) a plan that reflects its compli13 ance with the requirements of this sub14 section. 

15 ‘‘(2) ANNUAL FCC REPORTS.—The Commis16 sion shall transmit a report to the Senate Committee 

17 on Commerce, Science, and Transportation and the 

18 House of Representatives Committee on Energy and 

19 Commerce annually on the compliance of tele20 communications carriers with the requirements of 

21 this subsection.’’. 

22 (b) DEFINITIONS.—Section 222(i) of the Commu23 nications Act of 1934 (as redesignated by subsection (a)) 

24 is amended by adding at the end the following: 
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1 ‘‘(8) TELECOMMUNICATIONS CARRIER.—The 

2 term ‘telecommunications carrier’— 

3 ‘‘(A) has the meaning given that term by 

4 section 3(44); but 

5 ‘‘(B) includes a provider of IP-enabled 

6 voice service. 

7 ‘‘(9) IP-ENABLED VOICE SERVICE.—The term 

8 ‘IP-enabled voice service’ means the provision of 

9 real-time 2-way voice communications offered to the 

10 public, or such classes of users as to be effectively 

11 available to the public, transmitted through cus12 tomer premises equipment using TCP/IP protocol, 

13 or a successor protocol, for a fee (whether part of 

14 a bundle of services or separately) with 2-way inter15 connection capability such that the service can origi16 nate traffic to, and terminate traffic from, the public 

17 switched telephone network.’’. 

18 (c) REGULATIONS.—Within 90 days after the date of 

19 enactment of this Act, the Federal Communications Com20 mission shall promulgate such regulations as may be nec21 essary to implement section 222(i)(8) of the Communica22 tions Act of 1934 (47 U.S.C. 222(i)(8)), as added by sub23 section (b) of this section, including the application of sec-
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1 tion 222 of that Act with the expanded definition of tele2 communications carrier. 

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