I 

109TH CONGRESS 

2D SESSION H. R. 4678 

To prohibit fraudulent access to telephone records. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2006 

Ms. SCHAKOWSKY (for herself, Mr. HINCHEY, Ms. KILPATRICK of Michigan, 

and Mr. GUTIERREZ) introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To prohibit fraudulent access to telephone records. 

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. 

4 This Act may be cited as the ‘‘Stop Attempted Fraud 

5 Against Everyone’s Cell and Land Line (SAFE CALL) 

6 Act’’. 

7 SEC. 2. FRAUDULENT ACCESS TO CUSTOMER TELEPHONE 

8 RECORDS. 

9 (a) CONDUCT PROHIBITED.— 

10 (1) PROHIBITION ON OBTAINING CUSTOMER IN11 FORMATION BY FALSE PRETENSES.—It shall be un-
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1 lawful for any person to obtain or attempt to obtain, 

2 or cause to be disclosed or attempt to cause to be 

3 disclosed to any person, customer proprietary net4 work information relating to any other person by— 

5 (A) making a false, fictitious, or fraudulent 

6 statement or representation to an officer, em7 ployee, or agent of a telecommunications car8 rier; or 

9 (B) by providing any document or other in10 formation to a telecommunications carrier or an 

11 officer, employee, or agent of a telecommuni12 cations carrier, knowing that the document or 

13 other information is forged, counterfeit, lost, or 

14 stolen, was fraudulently obtained, or contains a 

15 false, fictitious, or fraudulent statement or rep16 resentation. 

17 (2) PROHIBITION ON SOLICITATION OF A PER18 SON TO OBTAIN CUSTOMER INFORMATION UNDER

19 FALSE PRETENSES.—It shall be unlawful to request 

20 a person to obtain customer proprietary network in21 formation of a telecommunications carrier, knowing 

22 that the person will obtain, or attempt to obtain, the 

23 information from the telecommunications carrier in 

24 the manner described in subsection (a). 
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1 (3) PROHIBITION ON SALE OR OTHER DISCLO2 SURE OF CUSTOMER INFORMATION OBTAINED

3 UNDER FALSE PRETENSES.—It shall be unlawful for 

4 any person to sell or otherwise disclose customer 

5 proprietary network information relating to any 

6 other person, knowing that such information was ob7 tained in the manner described in subsection (a). 

8 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS9 SION. 

10 A violation of this Act shall be treated as an unfair 

11 or deceptive act or practice in violation of section 5 of the 

12 Federal Trade Commission Act (15 U.S.C. 45). All of the 

13 functions and powers of the Federal Trade Commission 

14 under that Act are available to the Commission to enforce 

15 compliance by any person with this Act, irrespective of 

16 whether that person is engaged in commerce or meets any 

17 other jurisdictional tests in the Federal Trade Commission 

18 Act. 

19 SEC. 4. DEFINITIONS. 

20 As used in this Act— 

21 (2) the term ‘‘customer proprietary network in22 formation’’ has the meaning given such term in sec23 tion 222(h)(1) of the Communications Act of 1934 

24 (47 U.S.C. 222(h)(1)); and 
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1 (3) the term ‘‘telecommunications carrier’’ has 

2 the meaning given such term in section 3(44) of the 

3 Communications Act of 1934 (47 U.S.C. 153(44)). 

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