II

106TH CONGRESS

1ST SESSION S. 1850

To amend section 222 of the Communications Act of 1934 to modify the

requirements relating to the use and disclosure of customer proprietary

network information, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 3, 1999

Mr. EDWARDS introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To amend section 222 of the Communications Act of 1934

to modify the requirements relating to the use and disclosure of 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.

4 This Act may be cited as the ‘‘Telephone Call Privacy

5 Act of 1999’’.
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1 SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO

2 USE AND DISCLOSURE OF CUSTOMER PRO3 PRIETARY NETWORK INFORMATION.

4 (a) MODIFICATION OF REQUIREMENTS.—

5 (1) IN GENERAL.—Paragraph (1) of section

6 222(c) of the Communications Act of 1934 (47

7 U.S.C. 222(c)) is amended to read as follows:

8 ‘‘(1) PRIVACY REQUIREMENTS FOR TELE9 COMMUNICATIONS CARRIERS.—

10 ‘‘(A) IN GENERAL.—Except as provided in

11 subparagraph (B) or as required by law, a tele12 communications carrier that receives or obtains

13 customer proprietary network information by

14 virtue of its provision of a telecommunications

15 service may use, disclose, or permit access to

16 customer proprietary network information that

17 identifies a customer as follows:

18 ‘‘(i) In the provision of—

19 ‘‘(I) the telecommunications serv20 ice from which such information is de21 rived; and

22 ‘‘(II) services necessary to, or

23 used in, the provision of such tele24 communications service, including the

25 publishing of directories.
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1 ‘‘(ii) In the case of the use of such in2 formation by the telecommunications car3 rier for the provision of another of its

4 products or services to the customer, only

5 if the telecommunications carrier—

6 ‘‘(I) provides the customer a

7 clear and conspicuous notice meeting

8 the requirements set forth in subpara9 graph (C);

10 ‘‘(II) permits the customer to re11 view such information for accuracy,

12 and to correct and supplement such

13 information; and

14 ‘‘(III) does not receive from the

15 customer within 15 days after the

16 date of the notice under subclause (I)

17 notice disapproving the use of such in18 formation for the provision of such

19 product or service to the customer as

20 specified in the notice under such sub21 clause.

22 ‘‘(iii) In the case of the use, disclo23 sure, or access of or to such information

24 by another party, only if the telecommuni-
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1 cations carrier that originally receives or

2 obtains such information—

3 ‘‘(I) meets the requirements set

4 forth in subclauses (I) and (II) of

5 clause (ii) with respect to such infor6 mation; and

7 ‘‘(II) receives from the customer

8 written notice approving the use, dis9 closure, or access of or to such infor10 mation for the provision of the prod11 uct or service to the customer as spec12 ified in the notice under subclause (I)

13 of this clause.

14 ‘‘(B) CUSTOMER DISAPPROVAL.—Notwith15 standing the previous approval of the use, dis16 closure, or access of or to information for a

17 purpose under clause (ii) or (iii) of subpara18 graph (A), upon receipt from a customer of

19 written notice of the customer’s disapproval of

20 the use, disclosure, or access of or to informa21 tion for such purpose, a telecommunications

22 carrier shall terminate the use, disclosure, or

23 access of or to such information for such pur24 pose.
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1 ‘‘(C) NOTICE ELEMENTS.—Each notice

2 under clause (ii) or (iii) of subparagraph (A)

3 shall include the following:

4 ‘‘(i) The types information that may

5 be used, disclosed, or accessed.

6 ‘‘(ii) The specific types of businesses

7 or individuals that may use or access the

8 information or to which the information

9 may be disclosed.

10 ‘‘(iii) The specific product or service

11 for which the information may be used,

12 disclosed, or accessed.’’.

13 (2) CONFORMING AMENDMENTS.—Paragraph

14 (3) of such section is amended by striking ‘‘para15 graph (1)’’ both places it appears and inserting

16 ‘‘paragraph (1)(A)(i)’’.

17 (b) JUDICIAL AND LAW ENFORCEMENT PUR18 POSES.—Such section is further amended by adding at the

19 end the following:

20 ‘‘(4) JUDICIAL AND LAW ENFORCEMENT PUR21 POSES.—

22 ‘‘(A) IN GENERAL.—A person that receives

23 or obtains consumer proprietary network infor24 mation may disclose such information—
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1 ‘‘(i) pursuant to the standards and

2 procedures established in the Federal

3 Rules of Civil Procedure or comparable

4 rules of other courts or administrative

5 agencies, in connection with litigation or

6 proceedings to which an individual who is

7 the subject of the information is a party

8 and in which the individual has placed the

9 use, disclosure, or access to such informa10 tion at issue;

11 ‘‘(ii) to a court, and to others ordered

12 by the court, if in response to a court

13 order issued in accordance with subpara14 graph (B); or

15 ‘‘(iii) to an investigative or law en16 forcement officer pursuant to a warrant

17 issued under the Federal Rules of Criminal

18 Procedure, an equivalent State warrant, or

19 a grand jury subpoena, or a court order

20 issued in accordance with subparagraph

21 (B).

22 ‘‘(B) REQUIREMENTS FOR COURT OR23 DERS.—

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), a court order for the
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1 disclosure of customer proprietary network

2 information under subparagraph (A) may

3 be issued by a court of competent jurisdic4 tion only upon written application, upon

5 oath or equivalent affirmation, by an inves6 tigative or law enforcement officer dem7 onstrating that there is probable cause to

8 believe that—

9 ‘‘(I) the information sought is

10 relevant and material to an ongoing

11 criminal investigation; and

12 ‘‘(II) the law enforcement need

13 for the information outweighs the pri14 vacy interest of the individual to

15 whom the information pertains.

16 ‘‘(ii) CERTAIN ORDERS.—A court

17 order may not be issued under this para18 graph upon application of an officer of a

19 State or local government if prohibited by

20 the law of the State concerned.’’.

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect 180 days after the date of

23 the enactment of this Act.

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