II 

Calendar No. 425 

109TH CONGRESS 

2D SESSION S. 2389 

[Report No. 109–253] 

To amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2006 

Mr. ALLEN (for himself, Mr. STEVENS, Mr. INOUYE, Mr. BURNS, Mr. WARNER, Mr. SANTORUM, Mr. DORGAN, Mr. NELSON of Florida, Mr. VITTER, 

Mr. PRYOR, Mr. COLEMAN, Mr. TALENT, Mr. MARTINEZ, Mr. THUNE, 

Mrs. HUTCHISON, Mr. BURR, and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

MAY 9, 2006 

Reported by Mr. STEVENS, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Communications Act of 1934 to prohibit the 

unlawful acquisition and use of confidential customer 

proprietary network information, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Protecting Consumer Phone Records Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary network telephone information. 

Sec. 3. Enhanced confidentiality procedures. 

Sec. 4. Penalties; extension of confidentiality requirements to other entities. 

Sec. 5. Enforcement by Federal Trade Commission. 

Sec. 6. Concurrent enforcement by Federal Communications Commission. 

Sec. 7. Enforcement by States. 

Sec. 8. Preemption of State law. 

Sec. 9. Consumer outreach and education. 

6 SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF 

7 CONFIDENTIAL CUSTOMER PROPRIETARY 

8 NETWORK TELEPHONE INFORMATION. 

9 (a) IN GENERAL.—It is unlawful for any person— 

10 (1) to acquire or use the customer proprietary 

11 network information of another person without that 

12 person’s affirmative written consent; 

13 (2) to misrepresent that another person has 

14 consented to the acquisition or use of such other 

15 person’s customer proprietary network information 

16 in order to acquire such information; 

17 (3) to obtain unauthorized access to the data 

18 processing system or records of a telecommuni19 cations carrier or an IP-enabled voice service pro20 vider in order to acquire the customer proprietary 

21 network information of 1 or more other persons; 


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1 (4) to sell, or offer for sale, customer propri2 etary network information; or 

3 (5) to request that another person obtain cus4 tomer proprietary network information from a tele5 communications carrier or IP-enabled voice service 

6 provider, knowing that the other person will obtain 

7 the information from such carrier or provider in any 

8 manner that is unlawful under subsection (a). 

9 (b) EXCEPTIONS.— 

10 (1) EXISTING PRACTICES PERMITTED.—Noth11 ing in subsection (a) prohibits any practice per12 mitted by section 222 of the Communications Act of 

13 1934 (47 U.S.C. 222), or otherwise authorized by 

14 law, as of the date of enactment of this Act. 

15 (2) CALLER ID.—Nothing in subsection (a) pro16 hibits the use of caller identification services by any 

17 person to identify the originator of telephone calls 

18 received by that person. 

19 (c) PRIVATE RIGHT OF ACTION FOR PROVIDERS.— 

20 (1) IN GENERAL.—A telecommunications car21 rier or IP-enabled voice service provider may bring 

22 a civil action in an appropriate State court, or in 

23 any United States district court that meets applica24 ble requirements relating to venue under section 

25 1391 of title 28, United States Code— 


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1 (A) based on a violation of this section or 

2 the regulations prescribed under this section to 

3 enjoin such violation; 

4 (B) to recover for actual monetary loss 

5 from such a violation, or to receive $11,000 in 

6 damages for each such violation, whichever is 

7 greater; or 

8 (C) both. 

9 (2) TREBLE DAMAGES.—If the court finds that 

10 the defendant willfully or knowingly violated this 

11 section or the regulations prescribed under this sec12 tion, the court may, in its discretion, increase the 

13 amount of the award to an amount equal to not 

14 more than 3 times the amount available under para15 graph (1) of this subsection. 

16 (3) INFLATION ADJUSTMENT.—The $11,000 

17 amount in paragraph (1)(B) shall be adjusted for in18 flation as if it were a civil monetary penalty, as de19 fined in section 3(2) of the Federal Civil Penalties 

20 Inflation Adjustment Act of 1996 (28 U.S.C. 2461 

21 note). 

22 (d) CIVIL PENALTY.— 

23 (1) IN GENERAL.—Any person who violates this 

24 section shall be subject to a civil penalty of not more 

25 than $11,000 for each violation or each day of a 


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1 continuing violation, except that the amount as2 sessed for any continuing violation shall not exceed 

3 a total of $11,000,000 for any single act or failure 

4 to act. 

5 (2) SEPARATE VIOLATIONS.—A violation of this 

6 section with respect to the customer proprietary net7 work information of 1 person shall be treated as a 

8 separate violation from a violation with respect to 

9 the customer proprietary network information of any 

10 other person. 

11 (e) LIMITATION.—Nothing in this Act or section 222 

12 of the Communications Act of 1934 (47 U.S.C. 222) au13 thorizes a subscriber to bring a civil action against a tele14 communications carrier or an IP-enabled voice service pro15 vider. 

16 (f) DEFINITIONS.—In this section: 

17 (1) CUSTOMER PROPRIETARY NETWORK INFOR18 MATION.—The term ‘‘customer proprietary network 

19 information’’ has the meaning given that term by 

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

21 1934 (47 U.S.C. 222(i)(1)). 

22 (2) IP-ENABLED VOICE SERVICE.—The term 

23 ‘‘IP-enabled voice service’’ has the meaning given 

24 that term by section 222(i)(8) of the Communica25 tions Act of 1934 (47 U.S.C. 222(i)(8)). 


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1 (3) TELECOMMUNICATIONS CARRIER.—The 

2 term ‘‘telecommunications carrier’’ has the meaning 

3 given it by section 3(44) of the Communications Act 

4 of 1934 (47 U.S.C. 3(44)). 

5 SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. 

6 (a) IN GENERAL.—Within 180 days after the date 

7 of enactment of this Act, the Federal Communications 

8 Commission shall— 

9 (1) revise or supplement its regulations, to the 

10 extent the Commission determines it is necessary, to 

11 require a telecommunications carrier or IP-enabled 

12 voice service provider— 

13 (A) to ensure the security and confiden14 tiality of customer proprietary network informa15 tion (as defined in section 222(i)(1) of the 

16 Communications Act of 1934 (47 U.S.C. 

17 222(i)(1))), 

18 (B) to protect such customer proprietary 

19 network information against threats or hazards 

20 to its security or confidentiality; and 

21 (C) to protect customer proprietary net22 work information from unauthorized access or 

23 use that could result in substantial harm or in24 convenience to its customers, and 


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1 (2) ensure that any revised or supplemental 

2 regulations are similar in scope and structure to the 

3 Federal Trade Commission’s regulations in part 314 

4 of title 16, Code of Federal Regulations, taking into 

5 consideration the differences between financial infor6 mation and customer proprietary network informa7 tion. 

8 (b) COMPLIANCE CERTIFICATION.—Each tele9 communications carrier and IP-enabled voice service pro10 vider to which the regulations under subsection (a) and 

11 section 222 of the Communications Act of 1934 (47 

12 U.S.C. 222) apply shall file with the Commission annually 

13 a certification that, for the period covered by the filing, 

14 it has been in compliance with those requirements. 

15 SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY RE16 QUIREMENTS TO OTHER ENTITIES. 

17 (a) PENALTIES.—Title V of the Communications Act 

18 of 1934 (47 U.S.C. 501 et seq.) is amended by inserting 

19 after section 508 the following: 

20 ‘‘SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PRO21 PRIETARY NETWORK INFORMATION VIOLA22 TIONS. 

23 ‘‘(a) CIVIL FORFEITURE.— 

24 ‘‘(1) IN GENERAL.—Any telecommunications 

25 carrier or IP-enabled voice service provider that is 


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1 determined by the Commission, in accordance with 

2 paragraphs (3) and (4) of section 503(b), to have 

3 violated section 222 of this Act shall be liable to the 

4 United States for a forfeiture penalty. A forfeiture 

5 penalty under this subsection shall be in addition to 

6 any other penalty provided for by this Act. The 

7 amount of the forfeiture penalty determined under 

8 this subsection shall not exceed $30,000 for each 

9 violation, or 3 times that amount for each day of a 

10 continuing violation, except that the amount as11 sessed for any continuing violation shall not exceed 

12 a total of $3,000,000 for any single act or failure to 

13 act. 

14 ‘‘(2) RECOVERY.—Any forfeiture penalty deter15 mined under paragraph (1) shall be recoverable pur16 suant to section 504(a) of this Act. 

17 ‘‘(3) PROCEDURE.—No forfeiture liability shall 

18 be determined under paragraph (1) against any per19 son unless such person receives the notice required 

20 by section 503(b)(3) or section 503(b)(4) of this 

21 Act. 

22 ‘‘(4) 2-YEAR STATUTE OF LIMITATIONS.—No 

23 forfeiture penalty shall be determined or imposed 

24 against any person under paragraph (1) if the viola25 tion charged occurred more than 2 years prior to the 


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1 date of issuance of the required notice or notice or 

2 apparent liability. 

3 ‘‘(b) CRIMINAL FINE.—Any person who willfully and 

4 knowingly violates section 222 of this Act shall upon con5 viction thereof be fined not more than $30,000 for each 

6 violation, or 3 times that amount for each day of a con7 tinuing violation, in lieu of the fine provided by section 

8 501 for such a violation. This subsection does not super9 sede the provisions of section 501 relating to imprison10 ment or the imposition of a penalty of both fine and im11 prisonment.’’. 

12 (b) EXTENSION OF CONFIDENTIALITY REQUIRE13 MENTS TO IP-ENABLED VOICE SERVICE PROVIDERS.— 

14 Section 222 of the Communications Act of 1934 (47 

15 U.S.C. 222) is amended— 

16 (1) by inserting ‘‘or IP-enabled voice service 

17 provider’’ after ‘‘telecommunications carrier’’ each 

18 place it appears except in subsections (e) and (g); 

19 (2) by inserting ‘‘or IP-enabled voice service 

20 provider’’ after ‘‘exchange service’’ in subsection (g); 

21 (3) by striking ‘‘telecommunication carriers’’ 

22 each place it appears in subsection (a) and inserting 

23 ‘‘telecommunications carriers or IP-enabled voice 

24 service providers’’; 


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1 (4) by inserting ‘‘or provider’’ after ‘‘carrier’’ in 

2 subsection (d)(2), paragraphs (1)(A) and (B) and 

3 (3)(A) and (B) of subsection (i) (as redesignated); 

4 (5) by inserting ‘‘or providers’’ after ‘‘carriers’’ 

5 in subsection (d)(2); and 

6 (6) by inserting ‘‘AND IP-ENABLED VOICE

7 SERVICE PROVIDER’’ after ‘‘CARRIER’’ in the cap8 tion of subsection (c). 

9 (c) DEFINITION.—Section 222(h) of the Communica10 tions Act of 1934 (47 U.S.C. 222(h)) is amended by add11 ing at the end the following: 

12 ‘‘(8) IP-ENABLED VOICE SERVICE.—The term 

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

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

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

16 available to the public, transmitted through cus17 tomer premises equipment using TCP/IP protocol, 

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

19 a bundle of services or separately) with interconnec20 tion capability such that the service can originate 

21 traffic to, or terminate traffic from, the public 

22 switched telephone network.’’. 

23 (d) TELECOMMUNICATIONS CARRIER AND IP-EN24 ABLED VOICE SERVICE PROVIDER NOTIFICATION REVerDate Aug 31 2005 03:04 May 11, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2389.RS S2389

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1 QUIREMENT.—Section 222 of the Communications Act of 

2 1934 (47 U.S.C. 222), is further amended— 

3 (1) by redesignating subsection (h) as sub4 section (i); and 

5 (2) by inserting after subsection (g) the fol6 lowing new subsection: 

7 ‘‘(h) NOTICE OF VIOLATIONS.—The Commission 

8 shall by regulation require each telecommunications car9 rier or IP-enabled voice service provider to notify a cus10 tomer within 14 calendar days of any incident of which 

11 such telecommunications carrier or IP-enabled voice serv12 ice provider becomes or is made aware in which customer 

13 proprietary network information relating to such customer 

14 is disclosed to someone other than the customer in viola15 tion of this section or section 2 of the Protecting Con16 sumer Phone Records Act.’’. 

17 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

18 (a) IN GENERAL.—Except as provided in sections 6 

19 and 7 of this Act, section 2 of this Act shall be enforced 

20 by the Federal Trade Commission. 

21 (b) VIOLATION TREATED AS AN UNFAIR OR DECEP22 TIVE ACT OR PRACTICE.—Violation of section 2 shall be 

23 treated as an unfair or deceptive act or practice proscribed 

24 under a rule issued under section 18(a)(1)(B) of the Fed25 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 


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

2 shall prevent any person from violating this Act in the 

3 same manner, by the same means, and with the same ju4 risdiction, powers, and duties as though all applicable 

5 terms and provisions of the Federal Trade Commission 

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

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

8 2 is subject to the penalties and entitled to the privileges 

9 and immunities provided in the Federal Trade Commis10 sion Act in the same manner, by the same means, and 

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

12 all applicable terms and provisions of the Federal Trade 

13 Commission Act were incorporated into and made a part 

14 of this Act. 

15 SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COM16 MUNICATIONS COMMISSION. 

17 (a) IN GENERAL.—The Federal Communications 

18 Commission shall have concurrent jurisdiction to enforce 

19 section 2. 

20 (b) PENALTY; PROCEDURE.—For purposes of en21 forcement of that section by the Commission— 

22 (1) a violation of section 2 of this Act is 

23 deemed to be a violation of a provision of the Com24 munications Act of 1934 (47 U.S.C. 151 et seq.) 


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1 rather than a violation of the Federal Trade Com2 mission Act; and 

3 (2) the provisions of section 509(a)(2), (3), and 

4 (4) of the Communications Act of 1934 shall apply 

5 to the imposition and collection of the civil penalty 

6 imposed by section 2 of this Act as if it were the 

7 civil penalty imposed by section 509(a)(1) of that 

8 Act. 

9 SEC. 7. ENFORCEMENT BY STATES. 

10 (a) IN GENERAL.—The chief legal officer of a State 

11 may bring a civil action, as parens patriae, on behalf of 

12 the residents of that State in an appropriate district court 

13 of the United States to enforce section 2 or to impose the 

14 civil penalties for violation of that section, whenever the 

15 chief legal officer of the State has reason to believe that 

16 the interests of the residents of the State have been or 

17 are being threatened or adversely affected by a violation 

18 of this Act or a regulation under this Act. 

19 (b) NOTICE.—The chief legal officer of a State shall 

20 serve written notice on the Federal Trade Commission and 

21 the Federal Communications Commission of any civil ac22 tion under subsection (a) prior to initiating such civil ac23 tion. The notice shall include a copy of the complaint to 

24 be filed to initiate such civil action, except that if it is 

25 not feasible for the State to provide such prior notice, the 


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1 State shall provide such notice immediately upon insti2 tuting 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 (f) LIMITATION ON STATE ACTION WHILE FEDERAL

9 ACTION IS PENDING.—If either Commission has insti10 tuted an enforcement action or proceeding for violation of 

11 section 2 of this Act, the chief legal officer of the State 

12 in which the violation occurred may not bring an action 

13 under this section during the pendency of the proceeding 

14 against any person with respect to whom the Commission 

15 has instituted the proceeding. 

16 SEC. 8. PREEMPTION OF STATE LAW. 

17 (a) PREEMPTION.—Section 2 and the regulations 

18 prescribed pursuant to section 3 of this Act and section 

19 222 of the Communications Act of 1934 (47 U.S.C. 222) 

20 and the regulations prescribed thereunder preempt any— 

21 (1) statute, regulation, or rule of any State or 

22 political subdivision thereof that requires a tele23 communications carrier or provider of IP-enabled 

24 voice service to develop, implement, or maintain pro25 cedures for protecting the confidentiality of customer 


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1 proprietary network information (as defined in sec2 tion 222(i)(1) of the Communications Act of 1934 

3 (47 U.S.C. 222(i)(1))) held by that telecommuni4 cations carrier or provider of IP-enabled voice serv5 ice, or that restricts or regulates a carrier’s or pro6 vider’s ability to use, disclose, or permit access to 

7 such information; and 

8 (2) any such statute, regulation, or rule, or ju9 dicial precedent of any State court under which li10 ability is imposed on a telecommunications carrier or 

11 provider of IP-enabled voice service for failure to 

12 comply with any statute, regulation, or rule de13 scribed in paragraph (1) or with the requirements of 

14 section 2 or the regulations prescribed pursuant to 

15 section 3 of this Act or with section 222 of the Com16 munications Act of 1934 or the regulations pre17 scribed thereunder. 

18 (b) LIMITATION ON PREEMPTION.—This Act shall 

19 not be construed to preempt the applicability of— 

20 (1) State laws that are not specific to the mat21 ters described in subsection (a), including State con22 tract or tort law; or 

23 (2) other State laws to the extent those laws re24 late to acts of fraud or computer crime. 


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1 SEC. 9. CONSUMER OUTREACH AND EDUCATION. 

2 (a) IN GENERAL.—Within 180 days after the date 

3 of enactment of this Act, the Federal Trade Commission 

4 and Federal Communications Commission shall jointly es5 tablish and implement a media and distribution campaign 

6 to teach the public about the protection afforded customer 

7 proprietary network information under this Act, the Fed8 eral Trade Commission Act and the Communications Act 

9 of 1934. 

10 (b) CAMPAIGN REQUIREMENTS.—The campaign 

11 shall— 

12 (1) promote understanding of— 

13 (A) the problem concerning the theft and 

14 misuse of customer proprietary network infor15 mation; 

16 (B) available methods for consumers to 

17 protect their customer proprietary network in18 formation; and 

19 (C) efforts undertaken by the Federal 

20 Trade Commission and the Federal Commu21 nications Commission to prevent the problem 

22 and seek redress where a breach of security in23 volving customer proprietary network informa24 tion has occurred; and 

25 (2) explore various distribution platforms to ac26 complish the goal set forth in paragraph (1). 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pro3 tecting Consumer Phone Records Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary 

network telephone information. 

Sec. 3. Enhanced confidentiality procedures. 

Sec. 4. Penalties; extension of confidentiality requirements to other entities. 

Sec. 5. Enforcement by Federal Trade Commission. 

Sec. 6. Concurrent enforcement by Federal Communications Commission. 

Sec. 7. Enforcement by States. 

Sec. 8. Preemption of State law. 

Sec. 9. Consumer outreach and education. 

6 SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF 

7 CONFIDENTIAL CUSTOMER PROPRIETARY 

8 NETWORK TELEPHONE INFORMATION. 

9 (a) IN GENERAL.—It is unlawful for any person— 

10 (1) to acquire or use the customer proprietary 

11 network information of another person without that 

12 person’s affirmative written consent, which shall in13 clude electronic consent that meets the requirements of 

14 the Electronic Signatures in Global and National 

15 Commerce Act (15 U.S.C. 7001 et seq.); 

16 (2) to misrepresent that another person has con17 sented to the acquisition or use of such other person’s 

18 customer proprietary network information in order to 

19 acquire such information; 

20 (3) to obtain unauthorized access to the data 

21 processing system or records of a telecommunications 


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1 carrier or an IP-enabled voice service provider in 

2 order to acquire the customer proprietary network in3 formation of 1 or more other persons; 

4 (4) to sell, or offer for sale, customer proprietary 

5 network information; or 

6 (5) to request that another person obtain cus7 tomer proprietary network information from a tele8 communications carrier or IP-enabled voice service 

9 provider, knowing that the other person will obtain 

10 the information from such carrier or provider in any 

11 manner that is unlawful under subsection (a). 

12 (b) EXCEPTIONS.— 

13 (1) APPLICATION WITH SECTION 222 OF COMMU14 NICATIONS ACT OF 1934.—This Act does not prohibit 

15 a telecommunications carrier or an IP-enabled voice 

16 service provider or any third party that lawfully ob17 tains such information from a carrier or provider 

18 from engaging in any act or practice that was not 

19 prohibited by section 222 of the Communications Act 

20 of 1934 (47 U.S.C. 222) or regulations that are con21 sistent with the provisions of section 222, as that sec22 tion and those regulations were in effect on the day 

23 before the date of enactment of this Act. 

24 (2) APPLICATION OF OTHER LAWS.—This Act 

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1 thorized by law, including any lawfully authorized 

2 investigative, protective, or intelligence activity of a 

3 law enforcement agency or the United States, a State, 

4 or a political subdivision of a State, or an intel5 ligence agency of the United States. 

6 (3) TREATMENT OF IP-ENABLED VOICE SERVICE

7 PROVIDERS.—For purposes of this section, an IP-en8 abled voice service provider shall be treated as if it 

9 were a telecommunications carrier covered by section 

10 222 of the Communications Act of 1934 (47 U.S.C. 

11 222) before the date of enactment of this Act. 

12 (4) CALLER ID.—Nothing in this Act prohibits 

13 the use of caller identification services by any person 

14 to identify the originator of telephone calls received by 

15 that person. 

16 (c) PRIVATE RIGHT OF ACTION FOR PROVIDERS.— 

17 (1) IN GENERAL.—A telecommunications carrier 

18 or IP-enabled voice service provider may bring a civil 

19 action in an appropriate State court, or in any 

20 United States district court that meets applicable re21 quirements relating to venue under section 1391 of 

22 title 28, United States Code, or for any judicial dis23 trict in which the carrier or service provider resides 

24 or conducts business— 


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1 (A) based on a violation of this section or 

2 the regulations prescribed under this section to 

3 enjoin such violation; 

4 (B) to recover for actual monetary loss from 

5 such a violation, or to receive $11,000 in dam6 ages for each such violation, whichever is greater; 

7 or 

8 (C) both. 

9 (2) TREBLE DAMAGES.—If the court finds that 

10 the defendant willfully or knowingly violated this sec11 tion or the regulations prescribed under this section, 

12 the court may, in its discretion, increase the amount 

13 of the award to an amount equal to not more than 

14 3 times the amount available under paragraph (1) of 

15 this subsection. 

16 (3) INFLATION ADJUSTMENT.—The $11,000 

17 amount in paragraph (1)(B) shall be adjusted for in18 flation as if it were a civil monetary penalty, as de19 fined in section 3(2) of the Federal Civil Penalties In20 flation Adjustment Act of 1996 (28 U.S.C. 2461 note). 

21 (d) PRIVATE RIGHT OF ACTION FOR CONSUMERS.— 

22 (1) IN GENERAL.—An individual who has been 

23 caused harm as a result of their confidential propri24 etary network information being obtained, used, or 

25 sold in violation of this section may file a civil action 


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1 in any court of competent jurisdiction against the 

2 person who caused the harm as a result of a violation 

3 of this section. 

4 (2) REMEDIES.—A court in which such civil ac5 tion has been brought may award damages of not 

6 more than $11,000 for each violation of this section 

7 with respect to the plaintiff’s customer proprietary 

8 network information and provide such additional re9 lief as the court deems appropriate, including the 

10 award of court costs, investigative costs, and reason11 able attorney’s fees. 

12 (3) TREBLE DAMAGES.—If the court finds that 

13 the defendant willfully or knowingly violated this sec14 tion or the regulations prescribed under this section, 

15 the court may, in its discretion, increase the amount 

16 of the award to not more than 3 times the damages 

17 determined by the court under paragraph (2). 

18 (4) INFLATION ADJUSTMENT.—The $11,000 

19 amount in paragraph (2) shall be adjusted for infla20 tion as if it were a civil monetary penalty, as defined 

21 in section 3 (2) of the Federal Civil Penalties Infla22 tion Adjustment Act of 1996 (28 USC 2461 note). 

23 (e) CIVIL PENALTY.— 

24 (1) IN GENERAL.—Any person who violates this 

25 section shall be subject to a civil penalty of not more 


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1 than $11,000 for each violation or each day of a con2 tinuing violation, except that the amount assessed for 

3 any continuing violation shall not exceed a total of 

4 $11,000,000 for any single act or failure to act. 

5 (2) SEPARATE VIOLATIONS.—A violation of this 

6 section with respect to the customer proprietary net7 work information of 1 person shall be treated as a 

8 separate violation from a violation with respect to the 

9 customer proprietary network information of any 

10 other person. 

11 (f) LIMITATION.—Nothing in this Act or section 222 

12 of the Communications Act of 1934 (47 U.S.C. 222) author13 izes a subscriber to bring a civil action against a tele14 communications carrier or an IP-enabled voice service pro15 vider. 

16 (g) DEFINITIONS.—In this section: 

17 (1) CUSTOMER PROPRIETARY NETWORK INFOR18 MATION.—The term ‘‘customer proprietary network 

19 information’’ has the meaning given that term by sec20 tion 222(i)(1) of the Communications Act of 1934 (47 

21 U.S.C. 222(i)(1)). 

22 (2) IP-ENABLED VOICE SERVICE.—The term ‘‘IP23 enabled voice service’’ has the meaning given that 

24 term by section 222(i)(8) of the Communications Act 

25 of 1934 (47 U.S.C. 222(i)(8)). 


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1 (3) TELECOMMUNICATIONS CARRIER.—The term 

2 ‘‘telecommunications carrier’’ has the meaning given 

3 it by section 3(44) of the Communications Act of 1934 

4 (47 U.S.C. 3(44)). 

5 SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. 

6 (a) IN GENERAL.—Within 180 days after the date of 

7 enactment of this Act, the Federal Communications Com8 mission shall— 

9 (1) revise or supplement its regulations, to the 

10 extent the Commission determines it is necessary, to 

11 require a telecommunications carrier or IP-enabled 

12 voice service provider to protect— 

13 (A) the security and confidentiality of cus14 tomer proprietary network information (as de15 fined in section 222(i)(1) of the Communications 

16 Act of 1934 (47 U.S.C. 222(i)(1))); and 

17 (B) customer proprietary network informa18 tion against any anticipated threats or hazards 

19 to its security or confidentiality; and 

20 (C) customer proprietary network informa21 tion from unauthorized access or use that could 

22 result in substantial harm or inconvenience to 

23 its customers; and 

24 (2) ensure that any revised or supplemental reg25 ulations are similar in scope and structure to the 


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1 Federal Trade Commission’s regulations in part 314 

2 of title 16, Code of Federal Regulations, as such regu3 lations are in effect on the date of enactment of this 

4 Act, taking into consideration the differences between 

5 financial information and customer proprietary net6 work information. 

7 (b) COMPLIANCE CERTIFICATION.—Each telecommuni8 cations carrier and IP-enabled voice service provider to 

9 which the regulations under subsection (a) and section 222 

10 of the Communications Act of 1934 (47 U.S.C. 222) apply 

11 shall file with the Commission annually a certification that, 

12 for the period covered by the filing, it has been in compli13 ance with those requirements. 

14 SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY RE15 QUIREMENTS TO OTHER ENTITIES. 

16 (a) PENALTIES.—Title V of the Communications Act 

17 of 1934 (47 U.S.C. 501 et seq.) is amended by inserting 

18 after section 508 the following: 

19 ‘‘SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PRO20 PRIETARY NETWORK INFORMATION VIOLA21 TIONS. 

22 ‘‘(a) CIVIL FORFEITURE.— 

23 ‘‘(1) IN GENERAL.—Any person determined by 

24 the Commission, in accordance with paragraphs (3) 

25 and (4) of section 503(b), to have violated section 2 


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1 of the Protecting Consumer Phone Records Act shall 

2 be liable to the United States for a forfeiture penalty. 

3 A forfeiture penalty under this subsection shall be in 

4 addition to any other penalty provided for by this 

5 Act. The amount of the forfeiture penalty determined 

6 under this subsection shall not exceed $30,000 for each 

7 violation, or 3 times that amount for each day of a 

8 continuing violation, except that the amount assessed 

9 for any continuing violation shall not exceed a total 

10 of $3,000,000 for any single act or failure to act. 

11 ‘‘(2) RECOVERY.—Any forfeiture penalty deter12 mined under paragraph (1) shall be recoverable pur13 suant to section 504(a) of this Act. 

14 ‘‘(3) PROCEDURE.—No forfeiture liability shall 

15 be determined under paragraph (1) against any per16 son unless such person receives the notice required by 

17 section 503(b)(3) or section 503(b)(4) of this Act. 

18 ‘‘(4) 2-YEAR STATUTE OF LIMITATIONS.—No for19 feiture penalty shall be determined or imposed 

20 against any person under paragraph (1) if the viola21 tion charged occurred more than 2 years prior to the 

22 date of issuance of the required notice or notice or ap23 parent liability. 

24 ‘‘(b) CRIMINAL FINE.—Any person who willfully and 

25 knowingly violates section 2 of the Protecting Consumer 


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1 Phone Records Act shall upon conviction thereof be fined 

2 not more than $30,000 for each violation, or 3 times that 

3 amount for each day of a continuing violation, in lieu of 

4 the fine provided by section 501 for such a violation. This 

5 subsection does not supersede the provisions of section 501 

6 relating to imprisonment or the imposition of a penalty 

7 of both fine and imprisonment.’’. 

8 (b) EXTENSION OF CONFIDENTIALITY REQUIREMENTS

9 TO IP-ENABLED VOICE SERVICE PROVIDERS.—Section 222 

10 of the Communications Act of 1934 (47 U.S.C. 222) is 

11 amended— 

12 (1) by inserting ‘‘or IP-enabled voice service pro13 vider’’ after ‘‘telecommunications carrier’’ each place 

14 it appears except in subsections (e) and (g); 

15 (2) by inserting ‘‘or IP-enabled voice service pro16 vider’’ after ‘‘exchange service’’ in subsection (g); 

17 (3) by striking ‘‘telecommunication carriers’’ 

18 each place it appears in subsection (a) and inserting 

19 ‘‘telecommunications carriers or IP-enabled voice 

20 service providers’’; 

21 (4) by inserting ‘‘or provider’’ after ‘‘carrier’’ in 

22 subsection (d)(2) and in paragraphs (1)(A) and (B) 

23 and (3)(A) and (B) of subsection (h); 

24 (5) by inserting ‘‘or provider-customer’’ after 

25 ‘‘carrier-customer’’ in subsection (h)(1)(A); 


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1 (6) by inserting ‘‘or providers’’ after ‘‘carriers’’ 

2 in subsection (d)(2); 

3 (7) by inserting ‘‘AND IP-ENABLED VOICE SERV4 ICE PROVIDER’’ after ‘‘CARRIER’’ in the caption of 

5 subsection (b); 

6 (8) by inserting ‘‘AND IP-ENABLED VOICE SERV7 ICE PROVIDERS’’ after ‘‘CARRIERS’’ in the caption of 

8 subsection (c)(1); 

9 (9) by inserting ‘‘or IP-enabled voice service’’ 

10 after ‘‘service’’ in subsection (h)(1)(A); and 

11 (10) by striking ‘‘telephone exchange service or 

12 telephone toll service’’ in subsection (h)(1)(B) and in13 serting ‘‘telephone exchange service, telephone toll 

14 service, or IP-enabled voice service’’. 

15 (c) DEFINITION.—Section 222(h) of the Communica16 tions Act of 1934 (47 U.S.C. 222(h)) is amended by adding 

17 at the end the following: 

18 ‘‘(8) IP-ENABLED VOICE SERVICE.—The term 

19 ‘IP-enabled voice service’ means the provision of real20 time 2-way voice communications offered to the pub21 lic, or such classes of users as to be effectively avail22 able to the public, transmitted through customer 

23 premises equipment using TCP/IP protocol, or a suc24 cessor protocol, for a fee (whether part of a bundle of 

25 services or separately) with interconnection capability 


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1 such that the service can originate traffic to, or termi2 nate traffic from, the public switched telephone net3 work.’’. 

4 (d) TELECOMMUNICATIONS CARRIER AND IP-ENABLED

5 VOICE SERVICE PROVIDER NOTIFICATION REQUIRE6 MENT.—Section 222 of the Communications Act of 1934 (47 

7 U.S.C. 222), is further amended— 

8 (1) by redesignating subsection (h) as subsection 

9 (i); 

10 (2) by inserting after subsection (g) the following 

11 new subsection: 

12 ‘‘(h) NOTICE OF VIOLATIONS.— 

13 ‘‘(1) IN GENERAL.—The Commission shall by 

14 regulation require each telecommunications carrier or 

15 IP-enabled voice service provider to notify a customer 

16 within 14 calendar days after the carrier or provider 

17 is notified of, or becomes aware of, an incident in 

18 which customer proprietary network information re19 lating to such customer was disclosed to someone other 

20 than the customer in violation of this section or sec21 tion 2 of the Protecting Consumer Phone Records Act. 

22 ‘‘(2) LAW ENFORCEMENT AND HOMELAND SECU23 RITY RELATED DELAYS.—Notwithstanding paragraph 

24 (1), a telecommunications carrier or IP-enabled voice 


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1 service provider may delay the required notification 

2 for a reasonable period of time if— 

3 ‘‘(A) a Federal or State law enforcement 

4 agency determines that giving notice within the 

5 14-day period would materially impede a civil 

6 or criminal investigation; or 

7 ‘‘(B) a Federal national security agency or 

8 the Department of Homeland Security deter9 mines that giving notice within the 14-day pe10 riod would threaten national or homeland secu11 rity.’’; and 

12 (3) by striking ‘‘information.’’ in paragraph (1) 

13 of subsection (i), as redesignated, and inserting ‘‘in14 formation nor does it include information that is re15 lated to non-voice service features bundled with IP-en16 abled voice service.’’. 

17 (e) STATUTE OF LIMITATIONS.—Section 503(b)(6)(B) 

18 of the Communications Act of 1934 (47 U.S.C. 

19 503(b)(6)(B)) is amended to read as follows: 

20 ‘‘(B) such person does not hold a broadcast 

21 station license issued under title III of this Act 

22 and— 

23 ‘‘(i) the person is charged with vio24 lating section 222 and the violation oc25 curred more than 2 years prior to the date 


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1 of issuance of the required notice or notice 

2 of apparent liability; or 

3 ‘‘(ii) the person is charged with vio4 lating any other provision of this Act and 

5 the violation occurred more than 1 year 

6 prior to the date of issuance of the required 

7 notice or notice of apparent liability.’’. 

8 (f) APPLICATION OF CABLE SUBSCRIBER PRIVACY

9 RULES TO IP-ENABLED VOICE SERVICE PROVIDERS.—Sec10 tion 631 of the Communications Act of 1934 (47 U.S.C. 

11 551) is amended by adding at the end the following: 

12 ‘‘(i) CUSTOMER PROPRIETARY NETWORK INFORMA13 TION.—This section does not apply to customer proprietary 

14 network information (as defined in section 222(i)(1) of this 

15 Act) as it relates to the provision of IP-enabled voice service 

16 (as defined in section 222(i)(8) of this Act) by a cable oper17 ator to the extent that section 222 of this Act and section 

18 2 of the Protecting Consumer Phone Records Act applies 

19 to such information.’’. 

20 (g) CONSUMER CONTROL OF WIRELESS PHONE NUM21 BERS.—Section 222 of the Communications Act of 1934 (47 

22 U.S.C. 222), as amended by subsection (d), is further 

23 amended by adding at the end the following: 

24 ‘‘(j) WIRELESS CONSUMER PRIVACY PROTECTION.— 


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1 ‘‘(1) IN GENERAL.—A provider of commercial 

2 mobile services, or any direct or indirect affiliate or 

3 agent of such a provider, may not include the wireless 

4 telephone number information of any subscriber in 

5 any wireless directory assistance service database un6 less the mobile service provider— 

7 ‘‘(A) provides a conspicuous, separate notice 

8 to the subscriber informing the subscriber of the 

9 right not to be listed in any wireless directory 

10 assistance service; and 

11 ‘‘(B) obtains express prior authorization for 

12 listing from such subscriber, separate from any 

13 authorization obtained to provide such subscriber 

14 with commercial mobile service, or any calling 

15 plan or service associated with such commercial 

16 mobile service, and such authorization has not 

17 been subsequently withdrawn. 

18 ‘‘(2) COST-FREE DE-LISTING.—A provider of 

19 commercial mobile services, or any direct or indirect 

20 affiliate or agent of such a provider, shall remove the 

21 wireless telephone number information of any sub22 scriber from any wireless directory assistance service 

23 database upon request by that subscriber and without 

24 any cost to the subscriber. 


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1 ‘‘(3) PUBLICATION OF DIRECTORIES PROHIB2 ITED.—A provider of commercial mobile services, or 

3 any direct or indirect affiliate or agent of such a pro4 vider, may not publish, in printed, electronic, or other 

5 form, or sell or otherwise disseminate, the contents of 

6 any wireless directory assistance service database, or 

7 any portion or segment thereof unless the mobile serv8 ice provider— 

9 ‘‘(A) provides a conspicuous, separate notice 

10 to the subscriber informing the subscriber of the 

11 right not to be listed; and 

12 ‘‘(B) obtains express prior authorization for 

13 listing from such subscriber, separate from any 

14 authorization obtained to provide such subscriber 

15 with commercial mobile service, or any calling 

16 plan or service associated with such commercial 

17 mobile service, and such authorization has not 

18 been subsequently withdrawn. 

19 ‘‘(4) NO CONSUMER FEE FOR RETAINING PRI20 VACY.—A provider of commercial mobile services may 

21 not charge any subscriber for exercising any of the 

22 rights described under this subsection. 

23 ‘‘(5) STATE AND LOCAL LAWS PRE-EMPTED.—To 

24 the extent that any State or local government imposes 

25 requirements on providers of commercial mobile servVerDate Aug 31 2005 03:04 May 11, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S2389.RS S2389

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1 ices, or any direct or indirect affiliate or agent of 

2 such providers, that are inconsistent with the require3 ments of this subsection, this subsection preempts such 

4 State or local requirements. 

5 ‘‘(6) DEFINITIONS.—In this subsection: 

6 ‘‘(A) WIRELESS TELEPHONE NUMBER IN7 FORMATION.—The term ‘wireless telephone num8 ber information’ means the telephone number, 

9 electronic address, and any other identifying in10 formation by which a calling party may reach 

11 a subscriber to commercial mobile services, and 

12 which is assigned by a commercial mobile service 

13 provider to such subscriber, and includes the 

14 name and address of such subscriber. 

15 ‘‘(B) WIRELESS DIRECTORY ASSISTANCE

16 SERVICE.—The term ‘wireless directory assist17 ance service’ means any service for connecting 

18 calling parties to a subscriber of commercial mo19 bile service when such calling parties themselves 

20 do not possess the wireless telephone number in21 formation of such subscriber.’’. 

22 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

23 (a) IN GENERAL.—Except as provided in sections 6 

24 and 7 of this Act, section 2 of this Act shall be enforced 

25 by the Federal Trade Commission with respect to any entity 


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1 subject to the jurisdiction of the Commission under section 

2 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 

3 45(a)(2)). 

4 (b) VIOLATION TREATED AS AN UNFAIR OR DECEPTIVE

5 ACT OR PRACTICE.—Violation of section 2 shall be treated 

6 as an unfair or deceptive act or practice proscribed under 

7 a rule issued under section 18(a)(1)(B) of the Federal Trade 

8 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

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

10 shall prevent any person from violating this Act in the same 

11 manner, by the same means, and with the same jurisdic12 tion, powers, and duties as though all applicable terms and 

13 provisions of the Federal Trade Commission Act (15 U.S.C. 

14 41 et seq.) were incorporated into and made a part of this 

15 Act. Any person that violates section 2 is subject to the pen16 alties and entitled to the privileges and immunities pro17 vided in the Federal Trade Commission Act in the same 

18 manner, by the same means, and with the same jurisdic19 tion, powers, and duties as though all applicable terms and 

20 provisions of the Federal Trade Commission Act were incor21 porated into and made a part of this Act. Nothing in sec22 tion 2(d) of this Act limits any penalty under the Federal 

23 Trade Commission Act as that Act is made applicable to 

24 violations of section 2 by the preceding sentence. 


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1 SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COMMU2 NICATIONS COMMISSION. 

3 (a) IN GENERAL.—The Federal Communications Com4 mission shall have concurrent jurisdiction to enforce section 

5 2. 

6 (b) PENALTY; PROCEDURE.—For purposes of enforce7 ment of that section by the Commission— 

8 (1) a violation of section 2 of this Act is deemed 

9 to be a violation of a provision of the Communica10 tions Act of 1934 (47 U.S.C. 151 et seq.) rather than 

11 a violation of the Federal Trade Commission Act; and 

12 (2) the provisions of section 509(a)(2), (3), and 

13 (4) of the Communications Act of 1934 shall apply to 

14 the imposition and collection of the civil penalty im15 posed by section 2 of this Act as if it were the civil 

16 penalty imposed by section 509(a)(1) of that Act. 

17 SEC. 7. ENFORCEMENT BY STATES. 

18 (a) IN GENERAL.—The chief legal officer of a State, 

19 or any other State officer authorized by law to bring actions 

20 on behalf of the residents of a State, may bring a civil ac21 tion, as parens patriae, on behalf of the residents of that 

22 State in an appropriate district court of the United States 

23 to enforce section 2 or to impose the civil penalties for viola24 tion of that section, whenever the chief legal officer or other 

25 State officer has reason to believe that the interests of the 

26 residents of the State have been or are being threatened or 


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1 adversely affected by a violation of this Act or a regulation 

2 under this Act. 

3 (b) NOTICE.—The chief legal officer or other State offi4 cer shall serve written notice on the Federal Trade Commis5 sion and the Federal Communications Commission of any 

6 civil action under subsection (a) prior to initiating such 

7 civil action. The notice shall include a copy of the com8 plaint to be filed to initiate such civil action, except that 

9 if it is not feasible for the State to provide such prior notice, 

10 the State shall provide such notice immediately upon insti11 tuting such civil action. 

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

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

14 intervene in such civil action and upon intervening— 

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

16 action; and 

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

18 civil action. 

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

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

21 shall prevent the chief legal officer or other State officer 

22 from exercising the powers conferred on that officer by the 

23 laws of such State to conduct investigations or to admin24 ister oaths or affirmations or to compel the attendance of 


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1 witnesses or the production of documentary and other evi2 dence. 

3 (e) VENUE; SERVICE OF PROCESS.— 

4 (1) VENUE.—An action brought under subsection 

5 (a) shall be brought in a district court of the United 

6 States that meets applicable requirements relating to 

7 venue under section 1391 of title 28, United States 

8 Code. 

9 (2) SERVICE OF PROCESS.—In an action brought 

10 under subsection (a)— 

11 (A) process may be served without regard to 

12 the territorial limits of the district or of the 

13 State in which the action is instituted; and 

14 (B) a person who participated in an alleged 

15 violation that is being litigated in the civil ac16 tion may be joined in the civil action without re17 gard to the residence of the person. 

18 (f) LIMITATION ON STATE ACTION WHILE FEDERAL

19 ACTION IS PENDING.—If either Commission has instituted 

20 an enforcement action or proceeding for violation of section 

21 2 of this Act, the chief legal officer or other State officer 

22 of the State in which the violation occurred may not bring 

23 an action under this section during the pendency of the pro24 ceeding against any person with respect to whom the Com25 mission has instituted the proceeding. 


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1 SEC. 8. PREEMPTION OF STATE LAW. 

2 (a) PREEMPTION.—Section 2 and the regulations pre3 scribed pursuant to section 3 of this Act and section 222 

4 of the Communications Act of 1934 (47 U.S.C. 222) and 

5 the regulations prescribed thereunder preempt any— 

6 (1) statute, regulation, or rule of any State or 

7 political subdivision thereof that requires a tele8 communications carrier or provider of IP-enabled 

9 voice service to develop, implement, or maintain pro10 cedures for protecting the confidentiality of customer 

11 proprietary network information (as defined in sec12 tion 222(i)(1) of the Communications Act of 1934 (47 

13 U.S.C. 222(i)(1))) held by that telecommunications 

14 carrier or provider of IP-enabled voice service, or that 

15 restricts or regulates a carrier’s or provider’s ability 

16 to use, disclose, or permit access to such information; 

17 and 

18 (2) any such statute, regulation, or rule, or judi19 cial precedent of any State court under which liabil20 ity is imposed on a telecommunications carrier or 

21 provider of IP-enabled voice service for failure to com22 ply with any statute, regulation, or rule described in 

23 paragraph (1) or with the requirements of section 2 

24 or the regulations prescribed pursuant to section 3 of 

25 this Act or with section 222 of the Communications 

26 Act of 1934 or the regulations prescribed thereunder. 


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1 (b) LIMITATION ON PREEMPTION.—This Act shall not 

2 be construed to preempt the applicability of— 

3 (1) State laws that are not specific to the mat4 ters described in subsection (a), including State con5 tract or tort law; or 

6 (2) other State laws to the extent those laws re7 late to acts of fraud or computer crime. 

8 SEC. 9. CONSUMER OUTREACH AND EDUCATION. 

9 (a) IN GENERAL.—Within 180 days after the date of 

10 enactment of this Act, the Federal Trade Commission and 

11 Federal Communications Commission shall jointly establish 

12 and implement a media and distribution campaign to teach 

13 the public about the protection afforded customer propri14 etary network information under this Act, the Federal 

15 Trade Commission Act and the Communications Act of 

16 1934. 

17 (b) CAMPAIGN REQUIREMENTS.—The campaign 

18 shall— 

19 (1) promote understanding of— 

20 (A) the problem concerning the theft and 

21 misuse of customer proprietary network informa22 tion; 

23 (B) available methods for consumers to pro24 tect their customer proprietary network informa25 tion; and 


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1 (C) efforts undertaken by the Federal Trade 

2 Commission and the Federal Communications 

3 Commission to prevent the problem; and 

4 (2) explore various distribution platforms to ac5 complish the goal set forth in paragraph (1). 


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Calendar No. 425 

109TH CONGRESS 

2D SESSION S. 2389 

[Report No. 109

–253] 

A BILL 

To amend the Communications Act of 1934 to protion, and for other purposes. fidential customer proprietary network informa- hibit the unlawful acquisition and use of conMAY 9, 2006 

Reported with an amendment 


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