I 
110TH CONGRESS 
1ST SESSION 
H. R. 852 
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 
FEBRUARY 6, 2007 
Mr. INSLEE (for himself and Mrs. BLACKBURN) 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 2007’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) customer telephone records may be accessed 
without authorization of the customer by— 
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(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 
(2) 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. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN 
CONNECTION WITH OBTAINING CONFIDEN-
TIAL PHONE RECORDS INFORMATION OF A 
COVERED ENTITY. 
(a) PROHIBITION
ON OBTAINING CONFIDENTIAL 
PHONE RECORDS INFORMATION UNDER FALSE PRE-
TENSES.—It shall be unlawful for any person in interstate 
or foreign commerce to knowingly and intentionally ob-
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tain, or attempt to obtain, confidential phone records in-
formation of a covered entity, by— 
(1) making false or fraudulent statements or 
representations to an employee of a covered entity; 
(2) making such false or fraudulent statements 
or representations to a customer of a covered entity; 
(3) providing a document to a covered entity 
knowing that such document is false or fraudulent; 
or 
(4) accessing customer accounts of a covered 
entity via the Internet, or by means of conduct that 
violates section 1030 of this title, without prior au-
thorization from the customer to whom such con-
fidential phone records information relates. 
(b) PROHIBITION ON SALE OR TRANSFER OF CON-
FIDENTIAL PHONE RECORDS INFORMATION.— 
(1) Except as otherwise permitted by applicable 
law, it shall be unlawful for any person in interstate 
or foreign commerce to knowingly and intentionally 
sell or transfer, or attempt to sell or transfer, con-
fidential phone records information of a covered en-
tity, without prior authorization from the customer 
to whom such confidential phone records information 
relates, or knowing or having reason to know such 
information was obtained fraudulently. 
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(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 (47 U.S.C. 222(d)) shall apply for 
the use of confidential phone records information by 
any covered entity, as defined in section 7. 
(c) PROHIBITION
ON PURCHASE
OR RECEIPT
OF 
CONFIDENTIAL PHONE RECORDS INFORMATION.— 
(1) Except as otherwise permitted by applicable 
law, it shall be unlawful for any person in interstate 
or foreign commerce to knowingly and intentionally 
purchase or receive, or attempt to purchase or re-
ceive, confidential phone records information of a 
covered entity, without prior authorization from the 
customer to whom such confidential phone records 
information relates, or knowing or having reason to 
know such information was obtained fraudulently. 
(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 (47 U.S.C. 222(d)) shall apply for 
the use of confidential phone records information by 
any covered entity, as defined in section 7. 
SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGEN-
CIES. 
Section 3 shall not prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
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