IB 
Union Calendar No. 215 
109TH CONGRESS 
2D SESSION 
H. R. 4709 
[Report No. 109–395] 
To amend title 18, United States Code, to strengthen protections for law 
enforcement officers and the public by providing criminal penalties for 
the fraudulent acquisition or unauthorized disclosure of phone records. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2006 
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. SCOTT 
of Virginia, Mr. CANNON, Ms. ZOE LOFGREN of California, Mr. WILSON 
of South Carolina, Ms. HERSETH, and Mr. REICHERT) introduced the 
following bill; which was referred to the Committee on the Judiciary 
MARCH 16, 2006 
Additional sponsors: Mr. CHABOT, Mr. CASE, Mr. ROTHMAN, Mr. BERMAN, 
Mr. BOUCHER, Mr. KUCINICH, Mr. KLINE, and Mr. COSTELLO 
MARCH 16, 2006 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend title 18, United States Code, to strengthen protec-
tions for law enforcement officers and the public by 
providing criminal penalties for the fraudulent acquisition 
or unauthorized disclosure of phone records. 
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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 ‘‘Law Enforcement and 
Phone Privacy 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 may include a wealth of personal data; 
(2) call logs may reveal the names of telephone 
users’ doctors, public and private relationships, busi-
ness associates, and more; 
(3) call logs are typically maintained for the ex-
clusive use of phone companies, their authorized 
agents, and authorized consumers; 
(4) telephone records have been obtained with-
out the knowledge or consent of consumers through 
the use of a number of fraudulent methods and de-
vices that include but are not limited to— 
(A) telephone company employees selling 
data to unauthorized data brokers; 
(B) ‘‘pretexting’’, whereby a data broker or 
other person represents they are an authorized 
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consumer and convinces an agent of the tele-
phone company to release the data; or 
(C) gaining unauthorized Internet access 
to account data by improperly activating a con-
sumer’s account management features on a 
phone company’s webpage or contracting with 
an Internet-based data broker who trafficks in 
such records; and 
(5) the unauthorized disclosure of telephone 
records not only assaults individual privacy but, in 
some instances, may further acts of domestic vio-
lence, compromise the personal safety of law enforce-
ment officers, their families, or confidential inform-
ants, and undermine the integrity of law enforce-
ment investigations. 
SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION 
WITH 
OBTAINING 
CONFIDENTIAL 
PHONE 
RECORDS INFORMATION OF A COVERED EN-
TITY. 
Chapter 47 of title 18, United States Code, is amend-
ed by inserting after section 1038 the following: 
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‘‘§ 1039. Fraud and related activity in connection 
with 
obtaining 
confidential 
phone 
records information of a covered entity 
‘‘(a) CRIMINAL VIOLATION.—Whoever knowingly and 
intentionally obtains, or attempts to obtain, confidential 
phone records information 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 state-
ments 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 without prior authorization 
from the customer to whom such confidential 
records information relates; 
shall be fined under this title, imprisoned for not more 
than 20 years, or both. 
‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CON-
FIDENTIAL PHONE RECORDS INFORMATION.—Except as 
otherwise provided by applicable law, any person, includ-
ing any employee of a covered entity or any data broker, 
who knowingly and intentionally sells, transfers, or at-
tempts to sell or transfer, confidential phone records infor-
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mation of a covered entity, without authorization from the 
customer to whom such confidential phone records infor-
mation relates, shall be fined under this title, imprisoned 
for not more than 5 years, or both. 
‘‘(c) PROHIBITION
ON
PURCHASE
OF
PHONE 
RECORDS INFORMATION.—Except as otherwise provided 
by applicable law, any person who purchases confidential 
phone records information of a covered entity, knowing 
such information was obtained fraudulently or without 
prior authorization from the customer to whom such con-
fidential records information relates, shall be fined under 
this title, imprisoned not more than 5 years, or both. 
‘‘(d) ENHANCED
PENALTIES
FOR
AGGRAVATED 
CASES.—Whoever violates, or attempts to violate, sub-
section (a) while violating another law of the United 
States or as part of a pattern of any illegal activity involv-
ing more than $100,000, or more than 50 customers of 
a covered entity, in a 12-month period shall, in addition 
to the penalties provided for in subsection (a), be fined 
twice the amount provided in subsection (b)(3) or (c)(3) 
(as the case may be) of section 3571 of this title, impris-
oned for not more than 5 years, or both. 
‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMA-
TION
IN FURTHERANCE
OF CERTAIN CRIMINAL OF-
FENSES.— 
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‘‘(1) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
mation may be used in furtherance of, or with the 
intent to commit, an offense described in section 
2261, 2261A, 2262, or any other crime of violence 
shall, in addition to the penalties provided for in 
subsection (a), (b), or (c), be fined under this title 
and imprisoned not more than 5 years. 
‘‘(2) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
mation may be used in furtherance of, or with the 
intent to commit, an offense under section 111, 115, 
1114, 1503, 1512, 1513, or to intimidate, threaten, 
harass, injure, or kill any Federal, State, or local 
law enforcement officer shall, in addition to the pen-
alties provided for in subsection (a), (b) or (c), be 
fined under this title and imprisoned not more than 
5 years. 
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorrial jurisdiction over an offense under this 
section. 
‘‘(g) NONAPPLICABILITY
TO LAW ENFORCEMENT 
AGENCIES.—Nothing in this Act shall be construed to pre-
vent, hinder, or otherwise delay the production of con-
fidential phone records information from a covered entity 
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