I 
110TH CONGRESS 
1ST SESSION 
H. R. 936 
To prohibit fraudulent access to telephone records. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2007 
Mr. DINGELL (for himself, Mr. BARTON of Texas, Mr. MARKEY, Mr. UPTON, 
Mr. RUSH, Mr. STEARNS, Ms. SCHAKOWSKY, Mr. BOUCHER, Mr. GOR-
DON of Tennessee, Ms. ESHOO, Mr. STUPAK, Mr. GENE GREEN of Texas, 
Ms. DEGETTE, Mrs. CAPPS, Mr. DOYLE, Ms. SOLIS, Mr. GONZALEZ, Mr. 
INSLEE, 
Ms. 
BALDWIN, 
Ms. 
HOOLEY, 
Mr. 
MATHESON, 
Mr. 
BUTTERFIELD, Mr. FOSSELLA, Mr. TERRY, Mr. BURGESS, and Mr. 
ENGEL) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To prohibit fraudulent access to telephone records. 
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 ‘‘Prevention of Fraudu-
lent Access to Phone Records Act’’. 
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TITLE I—FEDERAL TRADE 
COMMISSION PROVISIONS 
SEC. 101. FRAUDULENT ACCESS TO CUSTOMER TELE-
PHONE RECORDS. 
(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) providing any document or other informa-
tion to an officer, employee, or agent of a tele-
communications carrier that the person knows or 
should know to be forged, counterfeit, lost, stolen, or 
fraudulently obtained, or to contain a false, ficti-
tious, or fraudulent statement or representation. 
(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 from a telecommunications carrier customer propri-
etary network information relating to any third person, 
if the person making such a request knew or should have 
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known that the person to whom such a request is made 
will obtain or attempt to obtain such information in the 
manner described in subsection (a). 
(c) PROHIBITION ON SALE OR OTHER DISCLOSURE 
OF CUSTOMER INFORMATION OBTAINED UNDER FALSE 
PRETENSES.—It shall be unlawful for any person to sell 
or otherwise disclose to any person customer proprietary 
network information relating to any other person if the 
person selling or disclosing obtained such information in 
the manner described in subsection (a). 
SEC. 102. EXEMPTION. 
No provision of section 101 shall be construed so as 
to prevent any action by a law enforcement agency, or any 
officer, employee, or agent of such agency, from obtaining 
or attempting to obtain customer proprietary network in-
formation from a telecommunications carrier in connection 
with the performance of the official duties of the agency, 
in accordance with other applicable laws. 
SEC. 103. ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION. 
A violation of section 101 shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or prac-
tice prescribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The 
Federal Trade Commission shall enforce this title in the 
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same manner, by the same means, and with the same ju-
risdiction as though all applicable terms and provisions of 
the Federal Trade Commission Act were incorporated into 
and made a part of this title. 
SEC. 104. DEFINITIONS. 
As used in this title— 
(1) the term ‘‘customer proprietary network in-
formation’’ has the meaning given such term in sec-
tion 222(j)(1) of the Communications Act of 1934 
(47 U.S.C. 222(j)(1)) (as redesignated by section 
203 of this Act); 
(2) the term ‘‘telecommunications carrier’’— 
(A) has the meaning given such term in 
section 3(44) of the Communications Act of 
1934 (47 U.S.C. 153(44)); and 
(B) includes any provider of real-time 
Internet protocol-enabled voice communications; 
and 
(3) the term ‘‘real-time Internet protocol-en-
abled voice communications’’ means any service that 
is treated by the Federal Communications Commis-
sion as a telecommunications service provided by a 
telecommunications carrier for purposes of section 
222 of the Communications Act of 1934 (47 U.S.C. 
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222) under regulations promulgated pursuant to 
subsection (h) of such section. 
TITLE 
II—FEDERAL 
COMMU-
NICATIONS 
COMMISSION 
PROVISIONS 
SEC. 201. FINDINGS. 
The Congress finds the following: 
(1) As our Nation’s communications networks 
become more ubiquitous and increasingly sophisti-
cated, more individuals and industries will be using 
such networks in greater amounts to communicate 
and conduct commercial transactions. 
(2) The ease of gathering and compiling sen-
sitive personal information as a result of such com-
munications is becoming more efficient and common-
place due to advances in digital technology and the 
widespread use of the Internet. 
(3) Ensuring the privacy of sensitive individual 
telephone calling records, both wireline and wireless, 
is of utmost importance. The information gathered 
and retained by communications providers can con-
vey details about intimate aspects of an individual’s 
life, including who they call, when they call, the du-
ration of such calls, the frequency of their commu-
nications, information about their purchases, infor-
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mational inquiries, political or religious interests, or 
other affiliations. 
(4) Disclosure of personal telephone records can 
also lead to harassment, intimidation, physical harm, 
and identity theft. 
(5) The government has a compelling interest 
in protecting sensitive personal information con-
tained in customer telephone records and ensuring 
that commercial interests adequately protect such 
records in order to preserve individual freedom, safe-
guard personal privacy, and ensure trust in elec-
tronic commerce. 
(6) Because customers have a proprietary inter-
est in their sensitive personal information, customers 
should have some control over the use and disclosure 
of telephone calling records. 
(7) A telecommunications carrier may use ag-
gregated data it has obtained from its customer 
databases to improve services, solicit new business, 
or market additional services to its customers. 
(8) A telecommunications carrier may commu-
nicate to all consumers in order to broadly solicit 
new business, and may also target specific commu-
nications to its own existing customers, without use 
or disclosure of detailed customer calling records 
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and thus without the threat of compromising cus-
tomer privacy. 
(9) The risk of compromising customer privacy 
is raised and increased whenever additional entities 
or persons are permitted use of, or access to, or re-
ceive disclosure of, customer calling records beyond 
the carrier with which the customer has an estab-
lished business relationship. 
(10) A telecommunications carrier which ob-
tains or possesses a customer’s calling records has a 
duty to safeguard the confidentiality of such cus-
tomer’s personal information. Detailed customer 
calling records describing the customer’s use of tele-
communications services should not be publicly avail-
able or offered for commercial sale. 
SEC. 202. EXPANDED PROTECTION FOR DETAILED CUS-
TOMER RECORDS. 
(a) CONFIDENTIALITY
OF
CUSTOMER
INFORMA-
TION.—Paragraph (1) of section 222(c) of the Commu-
nications Act of 1934 (47 U.S.C. 222(c)(1)) is amended 
to read as follows: 
‘‘(1) PRIVACY
REQUIREMENTS
FOR
TELE-
COMMUNICATIONS CARRIERS.— 
‘‘(A) IN GENERAL.—Except as required by 
law or as permitted under the following provi-
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sions of this paragraph, a telecommunications 
carrier that receives or obtains individually 
identifiable customer proprietary network infor-
mation (including detailed customer telephone 
records) by virtue of its provision of a tele-
communications service shall only use, disclose, 
or permit access to such information or records 
in the provision by such carrier of— 
‘‘(i) the telecommunications service 
from which such information is derived; or 
‘‘(ii) services necessary to, or used in, 
the provision of such telecommunications 
service, including the publishing of direc-
tories. 
‘‘(B) REQUIREMENTS FOR DISCLOSURE OF 
DETAILED
INFORMATION.—A 
telecommuni-
cations carrier may only use detailed customer 
telephone records through, or disclose such 
records to, or permit access to such records by, 
a joint venture partner, independent contractor, 
or any other third party (other than an affil-
iate) if the customer has given express prior au-
thorization for that use, disclosure, or access, 
and that authorization has not been withdrawn. 
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‘‘(C) REQUIREMENTS FOR AFFILIATE USE 
OF BOTH GENERAL AND DETAILED INFORMA-
TION.—A telecommunications carrier may not, 
except with the approval of a customer, use in-
dividually identifiable customer proprietary net-
work information (including detailed customer 
telephone records) through, or disclose such in-
formation or records to, or permit access to 
such information or records by, an affiliate of 
such carrier in the provision by such affiliate of 
the services described in clause (i) or (ii) of 
subparagraph (A). 
‘‘(D) REQUIREMENTS FOR PARTNER AND 
CONTRACTOR
USE
OF
GENERAL
INFORMA-
TION.—A telecommunications carrier may not, 
except with the approval of the customer, use 
individually identifiable customer proprietary 
network information (other than detailed cus-
tomer telephone records) through, or disclose 
such information to, or permit access to such 
information by, a joint venture partner or inde-
pendent contractor in the provision by such 
partner or contractor of the services described 
in clause (i) or (ii) of subparagraph (A). 
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‘‘(E) ACCESS
TO
WIRELESS
TELEPHONE 
NUMBERS.—A telecommunications carrier may 
not, except with prior express authorization 
from the customer, disclose the wireless tele-
phone number of any customer or permit access 
to the wireless telephone number of any cus-
tomer.’’. 
(b) DISCLOSURE OF DETAILED INFORMATION ON 
REQUEST BY CUSTOMER.—Section 222(c)(2) of such Act 
is amended by inserting ‘‘(including a detailed customer 
telephone record)’’ after ‘‘customer proprietary network 
information’’. 
(c) AGGREGATE DATA.—Section 222(c)(3) of such 
Act is amended by adding at the end the following new 
sentence: ‘‘Aggregation of data that is conducted by a 
third party may be treated for purposes of this subsection 
as aggregation by the carrier if such aggregation is con-
ducted in a secure manner under the control or super-
vision of the carrier.’’. 
(d) PROHIBITION OF SALE OF GENERAL OR DE-
TAILED INFORMATION.—Section 222(c) of such Act is fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(4) PROHIBITION OF SALE OF GENERAL OR 
DETAILED INFORMATION.—Except for the purposes 
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for which use, disclosure, or access is permitted 
under subsection (d), it shall be unlawful for any 
person to sell, rent, lease, or otherwise make avail-
able for remuneration or other consideration the cus-
tomer proprietary network information (including 
the detailed customer telephone records) of any cus-
tomer.’’. 
(e) EXCEPTIONS TO LIMITATIONS ON DISCLOSURES 
OF DETAILED INFORMATION.—Section 222(d) of such Act 
is amended— 
(1) by striking ‘‘its agents’’ and inserting ‘‘its 
joint venture partners, contractors, or agents’’; and 
(2) in paragraph (1), by inserting after ‘‘tele-
communications services’’ the following: ‘‘, or pro-
vide customer service with respect to telecommuni-
cations services to which the customer subscribes’’. 
SEC. 203. PREVENTION BY TELECOMMUNICATIONS CAR-
RIERS OF FRAUDULENT ACCESS TO PHONE 
RECORDS. 
Section 222 of the Communications Act of 1934 (47 
U.S.C. 222) is further amended— 
(1) by redesignating subsection (h) as sub-
section (j); 
(2) by inserting after subsection (g) the fol-
lowing new subsections: 
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‘‘(h) PREVENTION
OF FRAUDULENT ACCESS
TO 
PHONE RECORDS.— 
‘‘(1) REGULATIONS.—Within 180 days after the 
date of enactment of the Prevention of Fraudulent 
Access to Phone Records Act, the Commission shall 
prescribe regulations adopting more stringent secu-
rity standards for customer proprietary network in-
formation (including detailed customer telephone 
records) to detect and prevent violations of this sec-
tion. The Commission— 
‘‘(A) shall prescribe regulations— 
‘‘(i) to require timely notice (written 
or electronic) to each customer upon 
breach of the regulations under this section 
with respect to customer proprietary net-
work information relating to that cus-
tomer; 
‘‘(ii) to require timely notice to the 
Commission upon breach of the regulations 
under this section with respect to customer 
proprietary network information relating to 
any customer; 
‘‘(iii) to require periodic audits by the 
Commission of telecommunication carriers 
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and their agents to determine compliance 
with this section; 
‘‘(iv) to require telecommunications 
carriers and their agents to maintain 
records— 
‘‘(I) of each time customer pro-
prietary network information is re-
quested or accessed by, or disclosed 
to, a person purporting to be the cus-
tomer or to be acting at the request 
or direction of the customer; and 
‘‘(II) if such access or disclosure 
was granted to such a person, of how 
the person’s identity or authority was 
verified; 
‘‘(v) to require telecommunications 
carriers to establish a security policy that 
includes appropriate standards relating to 
administrative, 
technical, 
and 
physical 
safeguards to ensure the security and con-
fidentiality of customer proprietary net-
work information; 
‘‘(vi) to prohibit any telecommuni-
cations carrier from obtaining or attempt-
ing to obtain, or causing to be disclosed or 
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attempting to cause to be disclosed to that 
carrier or its agent or employee, customer 
proprietary network information relating to 
any customer of another carrier— 
‘‘(I) by using a false, fictitious, 
or fraudulent statement or representa-
tion to an officer, employee, or agent 
of another telecommunications carrier; 
or 
‘‘(II) by making a false, ficti-
tious, or fraudulent statement or rep-
resentation to a customer of another 
telecommunications carrier; and 
‘‘(vii) only for the purposes of this 
section, to treat as a telecommunications 
service provided by a telecommunications 
carrier any real-time Internet protocol-en-
abled voice communications offered by any 
person to the public, or such classes of 
users as to be effectively available to the 
public, that allows a user to originate traf-
fic to, or terminate traffic from, the public 
switched telephone network; and 
‘‘(B) shall consider prescribing regula-
tions— 
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‘‘(i) to require telecommunications 
carriers to institute customer-specific iden-
tifiers in order to access customer propri-
etary network information; 
‘‘(ii) to require encryption of customer 
proprietary network information data or 
other safeguards to better secure such 
data; and 
‘‘(iii) to require deletion of customer 
proprietary network information data after 
a reasonable period of time if such data is 
no longer necessary for the purpose for 
which it was collected or for the purpose of 
an exception contained in section (d), and 
there are no pending requests for access to 
such information. 
‘‘(2) REPORTS.— 
‘‘(A) ASSESSMENT
AND
RECOMMENDA-
TIONS.—Within 12 months after the date on 
which the Commission’s regulations under para-
graph (1) are prescribed, and again not later 
than 3 years later, the Commission shall submit 
to the Committee on Energy and Commerce of 
the House of Representatives and the Com-
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mittee on Commerce, Science, and Transpor-
tation of the Senate a report containing— 
‘‘(i) an assessment of the efficacy and 
adequacy of the regulations and remedies 
provided in accordance with this subsection 
in protecting customer proprietary network 
information; 
‘‘(ii) an assessment of the efficacy and 
adequacy of telecommunications carriers’ 
safeguards to secure such data, security 
plans, and notification procedures; and 
‘‘(iii) any recommendations for addi-
tional legislative or regulatory action to ad-
dress threats to the privacy of customer in-
formation. 
‘‘(B) 
ANNUAL
REPORT.—The 
Federal 
Communications Commission shall submit to 
Congress an annual report containing— 
‘‘(i) the number and disposition of all 
enforcement actions taken pursuant to this 
subsection; and 
‘‘(ii) the number and type of notifica-
tions received under paragraph (1)(A)(ii) 
and the methodology, including the basis 
for the selection of carriers to be audited, 
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and the results of each audit conducted 
under paragraph (1)(A)(iii). 
‘‘(3) DUAL
REGULATION
PROHIBITED.—Any 
person that is treated as a telecommunications car-
rier providing a telecommunications service with re-
spect to the offering of real-time Internet protocol- 
enabled voice communications by the regulations 
prescribed under paragraph (1)(A)(vii) shall not be 
subject to the provisions of section 631 with respect 
to the offering of such communications. 
‘‘(i) FORFEITURE PENALTIES.— 
‘‘(1) INCREASED PENALTIES.—In any case in 
which the violator is determined by the Commission 
under section 503(b)(1) to have violated this section 
or the regulations thereunder, section 503(b)(2)(B) 
shall be applied— 
‘‘(A) 
by 
substituting 
‘$300,000’ 
for 
‘$100,000’; and 
‘‘(B) by substituting ‘$3,000,000’ for 
‘$1,000,000’. 
‘‘(2) NO FIRST WARNINGS.—Paragraph (5) of 
section 503(b) shall not apply to the determination 
of forfeiture liability under such section with respect 
to a violation of this section or the regulations there-
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under by any telecommunications carrier or any 
agent of such a carrier.’’; and 
(3) in subsection (g), by striking ‘‘subsection 
(i)(3)(A)’’ and inserting ‘‘subsection (j)(3)(A)’’. 
SEC. 204. DEFINITIONS. 
Subsection (j) of section 222 of the Communications 
Act of 1934 (47 U.S.C. 222(j)), as redesignated by section 
203(1) of this Act, is amended by adding at the end the 
following new paragraphs: 
‘‘(8) 
DETAILED
CUSTOMER
TELEPHONE 
RECORD.—The term ‘detailed customer telephone 
record’ means customer proprietary network infor-
mation that contains the specific and detailed des-
tinations, locations, duration, time, and date of tele-
communications to or from a customer, as typically 
contained in the bills for such service. Such term 
does not mean aggregate data or subscriber list in-
formation. 
‘‘(9) WIRELESS
TELEPHONE
NUMBER.—The 
term ‘wireless telephone number’ means the tele-
phone number of a subscriber to a commercial mo-
bile service.’’. 
Æ 
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