I 
109TH CONGRESS 
2D SESSION 
H. R. 4714 
To make the sale or fraudulent transfer of telephone records a criminal 
offense. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2006 
Mr. BOSWELL introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To make the sale or fraudulent transfer of telephone records 
a criminal offense. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Phone Records Protec-
tion Act of 2006’’. 
SEC. 2. PROHIBITION ON SALE OR TRANSFER OF TELE-
PHONE RECORDS. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after chapter 123 the following new 
chapter:
‘‘CHAPTER 124—TELEPHONE RECORDS 
‘‘Sec 
‘‘2801. Prohibition on sale or transfer of telephone records. 
‘‘§ 2801. Prohibition on sale or transfer of telephone 
records 
‘‘(a) CRIMINAL VIOLATION.—Whoever knowingly and 
intentionally sells or fraudulently transfers or uses, or at-
tempts to sell or fraudulently transfer or use, the records 
of a customer of a telephone service provider shall be fined 
in accordance with this title, imprisoned for not more than 
10 years, or both. 
‘‘(b) NONAPPLICABILITY
TO LAW ENFORCEMENT 
AGENCIES.—Subsection (a) shall not prevent any action 
by a law enforcement agency, or any officer, employee, or 
agent of such agency, to obtain the records of a customer 
of a telephone service provider in connection with the per-
formance of the official duties of the agency. 
‘‘(c) EXCEPTION
FOR
LAW
ENFORCEMENT
RE-
QUESTS.—A telephone service provider, or any employee 
thereof, shall not be in violation of subsection (a) if such 
provider, upon request, transfers or otherwise provides to 
a law enforcement agency, or any officer, employee, or 
agent of such agency the records of a customer of such 
provider. 
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) RECORDS
OF
A
CUSTOMER.—The term 
‘records of a customer’ means any data or informa-
tion associated with an individual contained in a 
database, networked or integrated databases, or 
other data system of a telephone service provider. 
‘‘(2) TELEPHONE
SERVICE.—The term ‘tele-
phone service’— 
‘‘(A) has the same meaning given the term 
‘telecommunications service’ in section 3 of the 
Communications Act of 1934 (47 U.S.C. 153); 
and 
‘‘(B) includes any form of wireless tele-
phone service, including— 
‘‘(i) cellular telephone service; 
‘‘(ii) broadband Personal Communica-
tion Service (‘PCS’) telephone service; 
‘‘(iii) 
Covered 
Specialized 
Mobile 
Radio (‘SMR’) service; and 
‘‘(iv) any successor service to such 
service (including so-called next generation 
or third generation service). 
‘‘(3) TELEPHONE
SERVICE
PROVIDER.—The 
term ‘telephone service provider’ has the same mean-
ing given the term ‘telecommunications carrier’ in
section 3 of the Communications Act of 1934 (47 
U.S.C. 153).’’. 
(b) AMENDMENT TO PART ANALYSIS.—The table of 
chapters at the beginning of part I of title 18, United 
States Code, is amended by inserting after the item relat-
ing to chapter 123 the following new item: 
‘‘124. Prohibition on sale of telephone records ...................... 2801’’. 
Æ