II 

110TH CONGRESS 

1ST SESSION S. 92 

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 

JANUARY 4, 2007 

Mr. STEVENS (for himself, Mr. COLEMAN, and Mr. VITTER) 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 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Protecting Consumer Phone Records Act’’. 

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

7 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. 


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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. 

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

2 CONFIDENTIAL CUSTOMER PROPRIETARY 

3 NETWORK TELEPHONE INFORMATION. 

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

5 (1) to acquire or use the customer proprietary 

6 network information of another person without that 

7 person’s affirmative written consent, which shall in8 clude electronic consent that meets the requirements 

9 of the Electronic Signatures in Global and National 

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

11 (2) to misrepresent that another person has 

12 consented to the acquisition or use of such other 

13 person’s customer proprietary network information 

14 in order to acquire such information; 

15 (3) to obtain unauthorized access to the data 

16 processing system or records of a telecommuni17 cations carrier or an IP-enabled voice service pro18 vider in order to acquire the customer proprietary 

19 network information of 1 or more other persons; 

20 (4) to sell, or offer for sale, customer propri21 etary network information; or 


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1 (5) to request that another person obtain cus2 tomer proprietary network information from a tele3 communications carrier or IP-enabled voice service 

4 provider, knowing that the other person will obtain 

5 the information from such carrier or provider in any 

6 manner that is unlawful under this subsection. 

7 (b) EXCEPTIONS.— 

8 (1) APPLICATION WITH SECTION 222 OF COM9 MUNICATIONS ACT OF 1934.—Subsection (a) does 

10 not prohibit a telecommunications carrier or an IP11 enabled voice service provider or any third party 

12 that lawfully obtains customer proprietary network 

13 information from a carrier or provider from engag14 ing in any act or practice that was not prohibited by 

15 section 222 of the Communications Act of 1934 (47 

16 U.S.C. 222) or regulations that are consistent with 

17 the provisions of section 222, as that section and 

18 those regulations were in effect on the day before 

19 the date of enactment of this Act. 

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

21 does not prohibit any act or practice otherwise au22 thorized by law, including any lawfully authorized 

23 investigative, protective, or intelligence activity of a 

24 law enforcement agency or the United States, a 


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1 State, or a political subdivision of a State, or an in2 telligence agency of the United States. 

3 (3) TREATMENT OF IP-ENABLED VOICE SERV4 ICE PROVIDERS.—Notwithstanding any other provi5 sion of this section, an IP-enabled voice service pro6 vider may engage in any act or practice with respect 

7 to customer proprietary network information in 

8 which a telecommunications carrier may engage 

9 under paragraph (1) of this subsection. 

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

11 the use of caller identification services by any person 

12 to identify the originator of telephone calls received 

13 by that person. 

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

15 (1) IN GENERAL.—A telecommunications car16 rier or IP-enabled voice service provider may bring 

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

18 any United States district court that meets applica19 ble requirements relating to venue under section 

20 1391 of title 28, United States Code, or for any ju21 dicial district in which the carrier or service provider 

22 resides or conducts business— 

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

24 the regulations prescribed under this section to 

25 enjoin such violation; 


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1 (B) to recover for actual monetary loss 

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

3 damages for each such violation, whichever is 

4 greater; or 

5 (C) both. 

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

7 the defendant willfully or knowingly violated this 

8 section or the regulations prescribed under this sec9 tion, the court may, in its discretion, increase the 

10 amount of the award to an amount equal to not 

11 more than 3 times the amount available under para12 graph (1) of this subsection. 

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

14 amount in paragraph (1)(B) shall be adjusted for in15 flation as if it were a civil monetary penalty, as de16 fined in section 3(2) of the Federal Civil Penalties 

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

18 note). 

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

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

21 injured as a direct result of his or her confidential 

22 proprietary network information being obtained, 

23 used, or sold in violation of this section may file a 

24 civil action in any court of competent jurisdiction 


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1 against the person who caused the injury by vio2 lating this section. 

3 (2) REMEDIES.—A court in which such civil ac4 tion has been brought may award damages of not 

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

6 with respect to the plaintiff’s customer proprietary 

7 network information. 

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

9 the defendant willfully or knowingly violated this 

10 section or the regulations prescribed under this sec11 tion, the court may, in its discretion, increase the 

12 amount of the award to not more than 3 times the 

13 damages determined by the court under paragraph 

14 (2). 

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

16 amount in paragraph (2) shall be adjusted for infla17 tion as if it were a civil monetary penalty, as defined 

18 in section 3(2) of the Federal Civil Penalties Infla19 tion Adjustment Act of 1996 (28 U.S.C. 2461 note). 

20 (e) CIVIL PENALTY.— 

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

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

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

24 continuing violation, except that the amount as25 sessed for any continuing violation shall not exceed 


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

2 to act. 

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

4 section with respect to the customer proprietary net5 work information of 1 person shall be treated as a 

6 separate violation from a violation with respect to 

7 the customer proprietary network information of any 

8 other person. 

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

10 of the Communications Act of 1934 (47 U.S.C. 222) au11 thorizes a customer to bring a civil action against a tele12 communications carrier or an IP-enabled voice service pro13 vider. 

14 (g) DEFINITIONS.—In this section: 

15 (1) CUSTOMER PROPRIETARY NETWORK INFOR16 MATION.—The term ‘‘customer proprietary network 

17 information’’ has the meaning given that term by— 

18 (A) section 222(i)(1) of the Communica19 tions Act of 1934 (47 U.S.C. 222(i)(1)) with 

20 respect to telecommunications carriers; and 

21 (B) section 715(b)(1) of such Act with re22 spect to IP-enabled voice service providers. 

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

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

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


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

2 available to the public, transmitted through cus3 tomer premises equipment using TCP/IP protocol, 

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

5 a bundle of services or separately) with interconnec6 tion capability such that the service can originate 

7 traffic to, or terminate traffic from, the public 

8 switched telephone network. 

9 (3) TELECOMMUNICATIONS CARRIER.—The 

10 term ‘‘telecommunications carrier’’ has the meaning 

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

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

13 SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. 

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

15 of enactment of this Act, the Federal Communications 

16 Commission shall— 

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

18 extent the Commission determines it is necessary, to 

19 require a telecommunications carrier or IP-enabled 

20 voice service provider to protect— 

21 (A) the security and confidentiality of cus22 tomer proprietary network information (as de23 fined in section 222(i)(1) of the Communica24 tions Act of 1934 (47 U.S.C. 222(i)(1)) or as 


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1 defined in section 715(b)(1) of such Act with 

2 respect to IP-enabled voice service providers); 

3 (B) customer proprietary network informa4 tion against any anticipated threats or hazards 

5 to its security or confidentiality; and 

6 (C) customer proprietary network informa7 tion from unauthorized access or use that could 

8 result in substantial harm or inconvenience to 

9 its customers; and 

10 (2) ensure that any revised or supplemental 

11 regulations are similar in scope and structure to the 

12 Federal Trade Commission’s regulations in part 314 

13 of title 16, Code of Federal Regulations, as such 

14 regulations are in effect on the date of enactment of 

15 this Act, taking into consideration the differences 

16 between financial information and customer propri17 etary network information. 

18 (b) COMPLIANCE CERTIFICATION.—Each tele19 communications carrier and IP-enabled voice service pro20 vider to which the regulations under subsection (a) and 

21 section 222 or 715 of the Communications Act of 1934 

22 apply shall file with the Commission annually a certifi23 cation that, for the period covered by the filing, it has been 

24 in compliance with those requirements. 


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1 SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY RE2 QUIREMENTS TO OTHER ENTITIES. 

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

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

5 after section 508 the following: 

6 ‘‘SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PRO7 PRIETARY NETWORK INFORMATION VIOLA8 TIONS. 

9 ‘‘(a) CIVIL FORFEITURE.— 

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

11 the Commission, in accordance with paragraphs (3) 

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

13 of the Protecting Consumer Phone Records Act shall 

14 be liable to the United States for a forfeiture pen15 alty. A forfeiture penalty under this subsection shall 

16 be in addition to any other penalty provided for by 

17 this Act. The amount of the forfeiture penalty deter18 mined under this subsection shall not exceed 

19 $30,000 for each violation, or 3 times that amount 

20 for each day of a continuing violation, except that 

21 the amount assessed for any continuing violation 

22 shall not exceed a total of $3,000,000 for any single 

23 act or failure to act. 

24 ‘‘(2) RECOVERY.—Any forfeiture penalty deter25 mined under paragraph (1) shall be recoverable pur26 suant to section 504(a) of this Act. 


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

2 be determined under paragraph (1) against any per3 son unless such person receives the notice required 

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

5 Act. 

6 ‘‘(4) 2-YEAR STATUTE OF LIMITATIONS.—No 

7 forfeiture penalty shall be determined or imposed 

8 against any person under paragraph (1) if the viola9 tion charged occurred more than 2 years prior to the 

10 date of issuance of the required notice or notice or 

11 apparent liability.’’. 

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

14 (1) IN GENERAL.—Title VII of the Communica15 tions Act of 1934 (47 U.S.C. 601 et seq.) is amend16 ed by adding at the end thereof the following: 

17 ‘‘SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NET18 WORK INFORMATION BY IP-ENABLED VOICE 

19 SERVICE PROVIDERS. 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) GENERAL DUTY OF CONFIDENTIALITY.— 

22 An IP-enabled voice service provider has a duty to 

23 protect the confidentiality of proprietary information 

24 of, and relating to, other IP-enabled voice service 

25 providers, telecommunications carriers, equipment 


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1 manufacturers, and customers, including tele2 communications carriers reselling telecommuni3 cations services provided by another telecommuni4 cations carrier or an IP-enabled voice service pro5 vider. 

6 ‘‘(2) CARRIER INFORMATION.—An IP-enabled 

7 voice service provider that receives or obtains propri8 etary information from a telecommunications carrier 

9 or another IP-enabled voice service provider for pur10 poses of providing any telecommunications service 

11 shall use such information only for such purpose, 

12 and shall not use such information for its own mar13 keting efforts. 

14 ‘‘(3) CUSTOMER PROPRIETARY NETWORK IN15 FORMATION.—Within 90 days after the date of en16 actment of the Protecting Consumer Phone Records 

17 Act, the Commission shall initiate a rulemaking pro18 ceeding to apply the requirements of section 222, 

19 and regulations thereunder, to IP-enabled voice serv20 ice providers to the same extent, in the same man21 ner, and subject to the same penalties for failure to 

22 comply with those requirements as are applicable to 

23 telecommunications carriers. 

24 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) CUSTOMER PROPRIETARY NETWORK IN2 FORMATION.—The term ‘customer proprietary net3 work information’ has the meaning given that term 

4 by section 222(i) of this Act, except that— 

5 ‘‘(A) the reference in section 222(i)(1)(B) 

6 of this Act to telephone exchange service or 

7 telephone toll service shall be considered to 

8 refer also to IP-enabled voice service; and 

9 ‘‘(B) it does not include information that 

10 is related to non-voice service features bundled 

11 with IP-enabled voice service. 

12 ‘‘(2) 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 IP protocol, or a 

18 successor protocol, for a fee (whether part of a bun19 dle of services or separately) with interconnection ca20 pability such that the service can originate traffic to, 

21 or terminate traffic from, the public switched tele22 phone network. 

23 ‘‘(3) OTHER TERMS.—Except as provided in 

24 paragraph (1), any term used in subsection (a) that 


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1 is defined or used in section 222 of this Act has the 

2 same meaning as when used in that section.’’. 

3 (2) DUTY OF TELECOMMUNICATIONS CARRIERS

4 WITH RESPECT TO CPNI FROM IP-ENABLED VOICE

5 SERVICE PROVIDERS.—Section 222(a) of the Com6 munications Act of 1934 (47 U.S.C. 222(a)) is 

7 amended by inserting after ‘‘carrier.’’ the following: 

8 ‘‘A telecommunications carrier has the same duties 

9 under this section with respect to the confidentiality 

10 of proprietary information of, or relating to, an IP11 enabled voice service provider, and with respect to 

12 customer proprietary network information received 

13 or obtained from an IP-enabled voice service pro14 vider, as it has under this section with respect to an15 other telecommunications carrier.’’. 

16 (c) TELECOMMUNICATIONS CARRIER NOTIFICATION

17 REQUIREMENT.—Section 222 of the Communications Act 

18 of 1934 (47 U.S.C. 222), is amended— 

19 (1) by redesignating subsection (h) as sub20 section (i); 

21 (2) by inserting after subsection (g) the fol22 lowing new subsection: 

23 ‘‘(h) NOTICE OF VIOLATIONS.— 

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

25 regulation require each telecommunications carrier 


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1 to notify a customer within 14 calendar days after 

2 the carrier or provider is notified of, or becomes 

3 aware of, an incident in which customer proprietary 

4 network information relating to such customer was 

5 disclosed to someone other than the customer in vio6 lation of this section or section 2 of the Protecting 

7 Consumer Phone Records Act. 

8 ‘‘(2) LAW ENFORCEMENT AND HOMELAND SE9 CURITY RELATED DELAYS.—Notwithstanding para10 graph (1), a telecommunications carrier may delay 

11 the required notification for a reasonable period of 

12 time if— 

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

14 agency determines that giving notice within the 

15 14-day period would materially impede a civil or 

16 criminal investigation; or 

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

18 the Department of Homeland Security deter19 mines that giving notice within the 14-day pe20 riod would threaten national or homeland secu21 rity.’’. 

22 (d) STATUTE OF LIMITATIONS.—Section 

23 503(b)(6)(B) of the Communications Act of 1934 (47 

24 U.S.C. 503(b)(6)(B)) is amended to read as follows: 


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1 ‘‘(B) such person does not hold a broad2 cast station license issued under title III of this 

3 Act and— 

4 ‘‘(i) the person is charged with vio5 lating section 222 or 715 and the violation 

6 occurred more than 2 years prior to the 

7 date of issuance of the required notice or 

8 notice of apparent liability; or 

9 ‘‘(ii) the person is charged with vio10 lating any other provision of this Act and 

11 the violation occurred more than 1 year 

12 prior to the date of issuance of the re13 quired notice or notice of apparent liabil14 ity.’’. 

15 (e) APPLICATION OF CABLE SUBSCRIBER PRIVACY

16 RULES TO IP-ENABLED VOICE SERVICE PROVIDERS.— 

17 Section 631 of the Communications Act of 1934 (47 

18 U.S.C. 551) is amended by adding at the end the fol19 lowing: 

20 ‘‘(i) CUSTOMER PROPRIETARY NETWORK INFORMA21 TION.—This section does not apply to customer propri22 etary network information (as defined in section 715(b)(1) 

23 of this Act) as it relates to the provision of IP-enabled 

24 voice service (as defined in section 715(b)(2) of this Act) 

25 by a cable operator to the extent that section 715 of this 


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1 Act and section 2 of the Protecting Consumer Phone 

2 Records Act applies to such information.’’. 

3 (f) CONSUMER CONTROL OF WIRELESS PHONE NUM4 BERS.—Section 222 of the Communications Act of 1934 

5 (47 U.S.C. 222), as amended by subsection (d), is further 

6 amended by adding at the end the following: 

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

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

9 mobile services, or any direct or indirect affiliate or 

10 agent of such a provider, may not provide the wire11 less telephone number information of any customer 

12 to any wireless directory assistance service unless 

13 the mobile service provider— 

14 ‘‘(A) provides a conspicuous, separate no15 tice to the customer informing the customer of 

16 the right not to be listed in any wireless direc17 tory assistance service; and 

18 ‘‘(B) obtains express prior authorization 

19 for listing from such customer, separate from 

20 any authorization obtained to provide such cus21 tomer with commercial mobile service, or any 

22 calling plan or service associated with such 

23 commercial mobile service, and such authoriza24 tion has not been subsequently withdrawn. 


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

2 commercial mobile services, or any direct or indirect 

3 affiliate or agent of such a provider, may no longer 

4 provide the wireless telephone number information of 

5 any customer to any wireless directory assistance 

6 service if requested by that customer without any 

7 cost to the customer. 

8 ‘‘(3) PUBLICATION OF DIRECTORIES PROHIB9 ITED.—A provider of commercial mobile services, or 

10 any direct or indirect affiliate or agent of such a 

11 provider, may not publish, in printed, electronic, or 

12 other form, or sell or otherwise disseminate, an indi13 vidual’s wireless telephone information held by any 

14 wireless directory assistance service, or any portion 

15 or segment thereof, unless the mobile service pro16 vider— 

17 ‘‘(A) provides a conspicuous, separate no18 tice to the customer informing the customer of 

19 the right not to be listed; and 

20 ‘‘(B) obtains express prior authorization 

21 for listing from such customer, separate from 

22 any authorization obtained to provide such cus23 tomer with commercial mobile service, or any 

24 calling plan or service associated with such 


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1 commercial mobile service, and such authoriza2 tion has not been subsequently withdrawn. 

3 ‘‘(4) NO CONSUMER FEE FOR RETAINING PRI4 VACY.—A provider of commercial mobile services 

5 may not charge any customer for exercising any of 

6 the rights described under this subsection. 

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

8 To the extent that any State or local government 

9 imposes requirements on providers of commercial 

10 mobile services, or any direct or indirect affiliate or 

11 agent of such providers, that are inconsistent with 

12 the requirements of this subsection, this subsection 

13 preempts such State or local requirements. 

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

15 ‘‘(A) WIRELESS TELEPHONE NUMBER IN16 FORMATION.—The term ‘wireless telephone 

17 number information’ means the telephone num18 ber, electronic address, and any other identi19 fying information by which a calling party may 

20 reach a commercial mobile services customer, 

21 and which is assigned by a commercial mobile 

22 service provider to such customer, and includes 

23 the name and address of such customer. 

24 ‘‘(B) WIRELESS DIRECTORY ASSISTANCE

25 SERVICE.—The term ‘wireless directory assistVerDate Aug 31 2005 23:39 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92

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1 ance service’ means any service for connecting 

2 calling parties to a commercial mobile service 

3 customer when such calling parties themselves 

4 do not possess the wireless telephone number 

5 information of such customer.’’. 

6 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

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

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

9 by the Federal Trade Commission with respect to any en10 tity subject to the jurisdiction of the Commission under 

11 section 5(a)(2) of the Federal Trade Commission Act (15 

12 U.S.C. 45(a)(2)). 

13 (b) VIOLATION TREATED AS AN UNFAIR OR DECEP14 TIVE ACT OR PRACTICE.—Violation of section 2 shall be 

15 treated as an unfair or deceptive act or practice proscribed 

16 under a rule issued under section 18(a)(1)(B) of the Fed17 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

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

19 shall prevent any person from violating this Act in the 

20 same manner, by the same means, and with the same ju21 risdiction, powers, and duties as though all applicable 

22 terms and provisions of the Federal Trade Commission 

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

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

25 2 is subject to the penalties and entitled to the privileges 


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1 and immunities provided in the Federal Trade Commis2 sion Act in the same manner, by the same means, and 

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

4 all applicable terms and provisions of the Federal Trade 

5 Commission Act were incorporated into and made a part 

6 of this Act. Nothing in section 2(d) of this Act limits any 

7 penalty under the Federal Trade Commission Act as that 

8 Act is made applicable to violations of section 2 by the 

9 preceding sentence. 

10 SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COM11 MUNICATIONS COMMISSION. 

12 (a) IN GENERAL.—The Federal Communications 

13 Commission shall have concurrent jurisdiction to enforce 

14 section 2. 

15 (b) PENALTY; PROCEDURE.—For purposes of en16 forcement of that section by the Commission— 

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

18 deemed to be a violation of a provision of the Com19 munications Act of 1934 (47 U.S.C. 151 et seq.) 

20 rather than a violation of the Federal Trade Com21 mission Act; and 

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

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

24 to the imposition and collection of the civil penalty 

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


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

2 Act. 

3 SEC. 7. ENFORCEMENT BY STATES. 

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

5 or any other State officer authorized by law to bring ac6 tions on behalf of the residents of a State, may bring a 

7 civil action, as parens patriae, on behalf of the residents 

8 of that State in an appropriate district court of the United 

9 States to enforce section 2 or to impose the civil penalties 

10 for violation of that section, whenever the chief legal offi11 cer or other State officer has reason to believe that the 

12 interests of the residents of the State have been or are 

13 being threatened or adversely affected by a violation of 

14 this Act or a regulation under this Act. 

15 (b) NOTICE.—The chief legal officer or other State 

16 officer shall serve written notice on the Federal Trade 

17 Commission and the Federal Communications Commis18 sion of any civil action under subsection (a) prior to initi19 ating such civil action. The notice shall include a copy of 

20 the complaint to be filed to initiate such civil action, except 

21 that if it is not feasible for the State to provide such prior 

22 notice, the State shall provide such notice immediately 

23 upon instituting such civil action. 


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

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

3 intervene in such civil action and upon intervening— 

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

5 action; and 

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

7 civil action. 

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

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

10 shall prevent the chief legal officer or other State officer 

11 from exercising the powers conferred on that officer by 

12 the laws of such State to conduct investigations or to ad13 minister oaths or affirmations or to compel the attendance 

14 of witnesses or the production of documentary and other 

15 evidence. 

16 (e) VENUE; SERVICE OF PROCESS.— 

17 (1) VENUE.—An action brought under sub18 section (a) shall be brought in a district court of the 

19 United States that meets applicable requirements re20 lating to venue under section 1391 of title 28, 

21 United States Code. 

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

23 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 or other State 

12 officer of the State in which the violation occurred may 

13 not bring an action under this section during the pendency 

14 of the proceeding against any person with respect to whom 

15 the Commission 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 sections 

19 222 and 715 of the Communications Act of 1934 (47 

20 U.S.C. 222) and the regulations prescribed thereunder, 

21 preempt any— 

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

23 political subdivision thereof that requires a tele24 communications carrier or provider of IP-enabled 

25 voice service to develop, implement, or maintain proVerDate Aug 31 2005 23:39 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92

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1 cedures for protecting the confidentiality of customer 

2 proprietary network information (as defined in sec3 tion 222(i)(1) of the Communications Act of 1934 

4 (47 U.S.C. 222(i)(1)) or section 715(b)(1) of that 

5 Act with respect to IP-enabled voice service pro6 viders) held by that telecommunications carrier or 

7 provider of IP-enabled voice service, or that restricts 

8 or regulates a carrier’s or provider’s ability to use, 

9 disclose, or permit access to such information; and 

10 (2) any such statute, regulation, or rule, or ju11 dicial precedent of any State court under which li12 ability is imposed on a telecommunications carrier or 

13 provider of IP-enabled voice service for failure to 

14 comply with any statute, regulation, or rule de15 scribed in paragraph (1) or with the requirements of 

16 section 2 or the regulations prescribed pursuant to 

17 section 3 of this Act, or with section 222 or 715 of 

18 the Communications Act of 1934 or the regulations 

19 prescribed thereunder. 

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

21 not be construed to preempt the applicability of— 

22 (1) State laws that are not specific to the mat23 ters described in subsection (a), including State con24 tract or tort law; or 


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1 (2) other State laws to the extent those laws re2 late to acts of fraud or computer crime. 

3 SEC. 9. CONSUMER OUTREACH AND EDUCATION. 

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

5 of enactment of this Act, the Federal Trade Commission 

6 and Federal Communications Commission shall jointly es7 tablish and implement a media and distribution campaign 

8 to teach the public about the protection afforded customer 

9 proprietary network information under this Act, the Fed10 eral Trade Commission Act and the Communications Act 

11 of 1934. 

12 (b) CAMPAIGN REQUIREMENTS.—The campaign 

13 shall— 

14 (1) promote understanding of— 

15 (A) the problem concerning the theft and 

16 misuse of customer proprietary network infor17 mation; 

18 (B) available methods for consumers to 

19 protect their customer proprietary network in20 formation; and 

21 (C) efforts undertaken by the Federal 

22 Trade Commission and the Federal Commu23 nications Commission to prevent the problem; 

24 and 


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1 (2) explore various distribution platforms to ac2 complish the goal set forth in paragraph (1). 

Æ 


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