I 
109TH CONGRESS 
2D SESSION 
H. R. 4662 
To prohibit the obtaining of customer information from telecommunications 
carriers by false pretenses, and the sale or disclosure of such records 
obtained by false pretenses. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 31, 2006 
Mrs. BLACKBURN (for herself, Mr. INSLEE, Mr. DICKS, Mr. HIGGINS, Mr. 
WEINER, Mrs. DRAKE, Mr. ROSS, Mr. WILSON of South Carolina, Mr. 
REICHERT, Mrs. MUSGRAVE, Ms. HARRIS, Ms. MATSUI, Mr. GILLMOR, 
Mr. GENE GREEN of Texas, Mr. POMBO, Mr. DEFAZIO, Mr. KLINE, Ms. 
CARSON, and Mr. DAVIS of Florida) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit the obtaining of customer information from tele-
communications carriers by false pretenses, and the sale 
or disclosure of such records obtained by false pretenses. 
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 ‘‘Consumer Telephone 
Records Protection Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) telephone records can be of great use to 
criminals because the information contained in call 
logs listed in such records include a wealth of per-
sonal information; 
(2) many call logs reveal the names of many 
users’ doctors, public and private relationships, busi-
ness associates, and more; 
(3) although other personal information, such 
as social security numbers may appear in public doc-
uments, which can be accessed by data brokers, the 
only warehouse of telephone records is located at the 
telephone companies themselves; and 
(4) telephone records may be accessed without 
authorization of the customer by— 
(A) an employee of the telephone company 
selling the data; 
(B) ‘‘pretexting’’, whereby a data broker or 
other person pretends to be the owner of the 
phone and convinces the telephone company’s 
employees to release the data to them; or 
(C) unauthorized access of accounts via the 
Internet; and 
(5) because telephone companies encourage cus-
tomers to manage their accounts online, many set up 
the online capability in advance. Many customers
never access their Internet accounts, however. If 
someone seeking the information activates the ac-
count before the customer, he or she can gain unfet-
tered access to the telephone records and call logs of 
that customer. 
SEC. 3. PRIVACY PROTECTION FOR CUSTOMER INFORMA-
TION OF TELECOMMUNICATIONS CARRIERS. 
(a) PROHIBITION ON OBTAINING CUSTOMER INFOR-
MATION BY FALSE PRETENSES.—It shall be unlawful for 
any person to obtain or attempt to obtain, or cause to 
be disclosed or attempt to cause to be disclosed to any 
person, customer proprietary network information relating 
to any other person by— 
(1) making a false, fictitious, or fraudulent 
statement or representation to an officer, employee, 
or agent of a telecommunications carrier; or 
(2) by providing, through any means including 
the Internet, any document or other information to 
a telecommunications carrier or an officer, employee, 
or agent of a telecommunications carrier, knowing 
that the document or other information is forged, 
counterfeit, lost, or stolen, was obtained fraudulently 
or without the customer’s consent, or contains a 
false, fictitious, or fraudulent statement or represen-
tation.
(b) PROHIBITION ON SOLICITATION OF A PERSON TO 
OBTAIN CUSTOMER INFORMATION UNDER FALSE PRE-
TENSES.—It shall be unlawful to request a person to ob-
tain customer proprietary network information of a tele-
communications carrier, knowing that the person will ob-
tain, or attempt to obtain, the information from the tele-
communications carrier in the manner described in sub-
section (a). 
(c) PROHIBITION ON SALE OR OTHER DISCLOSURE 
OF CUSTOMER INFORMATION OBTAINED UNDER FALSE 
PRETENSES.—It shall be unlawful for any person to sell 
customer proprietary network information relating to any 
other person, knowing that such information was obtained 
in the manner described in subsection (a). 
(d) NONAPPLICABILITY
TO
LAW
ENFORCEMENT 
AGENCIES.—No provision of this section shall be con-
strued so as to prevent any action by a law enforcement 
agency, or any officer, employee, or agent of such agency, 
to obtain customer proprietary network information of a 
telecommunications carrier in connection with the per-
formance of official duties of the agency. 
SEC. 4. TELECOMMUNICATIONS CARRIER NOTIFICATION 
REQUIREMENT. 
Section 222 of the Communications Act of 1934 (47 
U.S.C. 222) is amended—
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) NOTICE
OF VIOLATIONS.—The Commission 
shall by regulation require each telecommunications car-
rier to notify the customer of any incidents in which such 
telecommunications carrier becomes or is made aware in 
which customer proprietary network information relating 
to such customer is disclosed to someone other than the 
customer in violation of this section or section 3 of the 
Consumer Telephone Records Protection Act of 2006.’’. 
SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
A violation of section 3 shall be treated as an unfair 
or deceptive act or practice in violation of section 5 of the 
Federal Trade Commission Act (15 U.S.C. 45). All of the 
functions and powers of the Federal Trade Commission 
under that Act are available to the Commission to enforce 
compliance by any person with such section, irrespective 
of whether that person is engaged in commerce or meets 
any other jurisdictional tests in the Federal Trade Com-
mission Act, including the power to enforce the provisions 
of such section in the same manner as if the violation had
been a violation of a Federal Trade Commission trade reg-
ulation rule. 
SEC. 6. CRIMINAL PENALTY. 
(a) IN GENERAL.—Whoever knowingly and inten-
tionally violates section 3 shall be fined in accordance with 
title 18, United States Code, or imprisoned for not more 
than 5 years, or both. 
(b) ENHANCED
PENALTIES
FOR
AGGRAVATED 
CASES.—Whoever violates section 3 while violating an-
other law of the United States or as part of a pattern 
of any illegal activity involving more than $100,000, or 
more than 50 customers of a telecommunications carrier, 
in a 12-month period shall be fined twice the amount pro-
vided in section 3571 of title 18, or imprisoned for not 
more than 10 years, or both. 
SEC. 7. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) CUSTOMER PROPRIETARY NETWORK INFOR-
MATION.—The term ‘‘customer proprietary network 
information’’ has the meaning given such term in 
section 222(h)(1) of the Communications Act of 
1934 (47 U.S.C. 222(h)(1)). 
(2) 
TELECOMMUNICATIONS
CARRIER.—The 
term ‘‘telecommunications carrier’’ has the meaning