I 

109TH CONGRESS 

2D SESSION H. R. 4709 

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

enforcement officers and the public by providing criminal penalties for 

the fraudulent acquisition or unauthorized disclosure of phone records. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2006 

Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. SCOTT

of Virginia, Mr. CANNON, Ms. ZOE LOFGREN of California, Mr. WILSON

of South Carolina, Ms. HERSETH, and Mr. REICHERT) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by 

providing criminal penalties for the fraudulent acquisition 

or unauthorized disclosure of phone records. 

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 ‘‘Law Enforcement and 

5 Phone Privacy Protection Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
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1 (1) telephone records can be of great use to 

2 criminals because the information contained in call 

3 logs may include a wealth of personal data; 

4 (2) call logs may reveal the names of telephone 

5 users’ doctors, public and private relationships, busi6 ness associates, and more; 

7 (3) call logs are typically maintained for the ex8 clusive use of phone companies, their authorized 

9 agents, and authorized consumers; 

10 (4) telephone records have been obtained with11 out the knowledge or consent of consumers through 

12 the use of a number of fraudulent methods and de13 vices that include but are not limited to— 

14 (A) telephone company employees selling 

15 data to unauthorized data brokers; 

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

17 other person represents they are an authorized 

18 consumer and convinces an agent of the tele19 phone company to release the data; or 

20 (C) gaining unauthorized Internet access 

21 to account data by improperly activating a con22 sumer’s account management features on a 

23 phone company’s webpage or contracting with 

24 an Internet-based data broker who trafficks in 

25 such records; and 
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1 (5) the unauthorized disclosure of telephone 

2 records not only assaults individual privacy but, in 

3 some instances, may further acts of domestic vio4 lence, compromise the personal safety of law enforce5 ment officers, their families, or confidential inform6 ants, and undermine the integrity of law enforce7 ment investigations. 

8 SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION 

9 WITH OBTAINING CONFIDENTIAL PHONE 

10 RECORDS INFORMATION OF A COVERED EN11 TITY. 

12 Chapter 47 of title 18, United States Code, is amend13 ed by inserting after section 1038 the following: 

14 ‘‘§ 1039. Fraud and related activity in connection 

15 with obtaining confidential phone 

16 records information of a covered entity 

17 ‘‘(a) CRIMINAL VIOLATION.—Whoever knowingly and 

18 intentionally obtains, or attempts to obtain, confidential 

19 phone records information of a covered entity, by— 

20 ‘‘(1) making false or fraudulent statements or 

21 representations to an employee of a covered entity; 

22 ‘‘(2) making such false or fraudulent state23 ments or representations to a customer of a covered 

24 entity; 
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1 ‘‘(3) providing a document to a covered entity 

2 knowing that such document is false or fraudulent; 

3 or 

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

5 entity via the Internet without prior authorization 

6 from the customer to whom such confidential 

7 records information relates; 

8 shall be fined under this title, imprisoned for not more 

9 than 20 years, or both. 

10 ‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CON11 FIDENTIAL PHONE RECORDS INFORMATION.—Except as 

12 otherwise provided by applicable law, any person, includ13 ing any employee of a covered entity or any data broker, 

14 who knowingly and intentionally sells, transfers, or at15 tempts to sell or transfer, confidential phone records infor16 mation of a covered entity, without authorization from the 

17 customer to whom such confidential phone records infor18 mation relates, shall be fined under this title, imprisoned 

19 for not more than 5 years, or both. 

20 ‘‘(c) PROHIBITION ON PURCHASE OF PHONE

21 RECORDS INFORMATION.—Except as otherwise provided 

22 by applicable law, any person who purchases confidential 

23 phone records information of a covered entity, knowing 

24 such information was obtained fraudulently or without 

25 prior authorization from the customer to whom such con-
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1 fidential records information relates, shall be fined under 

2 this title, imprisoned not more than 5 years, or both. 

3 ‘‘(d) ENHANCED PENALTIES FOR AGGRAVATED

4 CASES.—Whoever violates, or attempts to violate, sub5 section (a) while violating another law of the United 

6 States or as part of a pattern of any illegal activity involv7 ing more than $100,000, or more than 50 customers of 

8 a covered entity, in a 12-month period shall, in addition 

9 to the penalties provided for in subsection (a), be fined 

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

11 (as the case may be) of section 3571 of this title, impris12 oned for not more than 5 years, or both. 

13 ‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMA14 TION IN FURTHERANCE OF CERTAIN CRIMINAL OF15 FENSES.— 

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

17 subsection (a), (b), or (c) knowing that such infor18 mation may be used in furtherance of, or with the 

19 intent to commit, an offense described in section 

20 2261, 2261A, 2262, or any other crime of violence 

21 shall, in addition to the penalties provided for in 

22 subsection (a), (b), or (c), be fined under this title 

23 and imprisoned not more than 5 years. 

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

25 subsection (a), (b), or (c) knowing that such infor-
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1 mation may be used in furtherance of, or with the 

2 intent to commit, an offense under section 111, 115, 

3 1114, 1503, 1512, 1513, or to intimidate, threaten, 

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

5 law enforcement officer shall, in addition to the pen6 alties provided for in subsection (a), (b) or (c), be 

7 fined under this title and imprisoned not more than 

8 5 years. 

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

10 extraterritorrial jurisdiction over an offense under this 

11 section. 

12 ‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT

13 AGENCIES.—Nothing in this Act shall be construed to pre14 vent, hinder, or otherwise delay the production of con15 fidential phone records information from a covered entity 

16 upon receipt of a lawful request from a law enforcement 

17 agency, or any officer, employee, or agent of such agency, 

18 in accordance with other applicable laws. 

19 ‘‘(h) DEFINITIONS.—In this section: 

20 ‘‘(1) CONFIDENTIAL PHONE RECORDS INFOR21 MATION.—The term ‘confidential phone records in22 formation’ means— 

23 ‘‘(A) information that— 

24 ‘‘(i) relates to the quantity, technical 

25 configuration, type, destination, location, 
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1 or amount of use of a service offered by a 

2 covered entity subscribed to by any cus3 tomer of that covered entity; and 

4 ‘‘(ii) is made available to a covered 

5 entity by a customer solely by virtue of the 

6 relationship between the covered entity and 

7 the customer; or 

8 ‘‘(B) information contained in any bill, 

9 itemization, or account statement related to a 

10 product or service provided by a covered entity 

11 to any customer of the covered entity. 

12 ‘‘(2) COVERED ENTITY.—The term ‘covered en13 tity’— 

14 ‘‘(A) has the same meaning given the term 

15 ‘telecommunications carrier’ in section 3 of the 

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

17 and 

18 ‘‘(B) includes any provider of IP-enabled 

19 voice service. 

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

21 with respect to a covered entity, any individual, part22 nership, association, joint stock company, trust, or 

23 corporation, or authorized representative of such 

24 customer, to whom the covered entity provides a 

25 product or service. 
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1 ‘‘(4) IP-ENABLED VOICE SERVICE.—The term 

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

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

4 public, or such class of users as to be effectively 

5 available to the public, transmitted through cus6 tomer premises equipment using TCP/IP protocol, 

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

8 a bundle of services or separately) with 2-way inter9 connection capability such that the service can origi10 nate traffic to, and terminate traffic from, a public 

11 switched telephone network.’’. 

12 SEC. 4. SENTENCING GUIDELINES. 

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

14 days after the date of enactment of this Act, the United 

15 States Sentencing Commission, pursuant to its authority 

16 under section 994 of title 28, United States Code, and 

17 in accordance with this section, shall review and, if appro18 priate, amend the Federal sentencing guidelines and policy 

19 statements applicable to persons convicted of any offense 

20 under section 1039 of title 18, United States Code. 

21 (b) AUTHORIZATION.—The United States Sentencing 

22 Commission may amend the Federal sentencing guidelines 

23 in accordance with the procedures set forth in section 

24 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 
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1 as though the authority under that section had not ex2 pired. 

Æ