Telephone Records and Privacy Protection Act of 2006

Bill: 109-hr-4709
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2006-02-08 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Assault
Business records
Civil Rights and Liberties, Minority Issues
Commerce
Computer crimes
Computer hackers
Confidential communications
Consumer protection
Extraterritoriality
Families
Family violence
Federal employees
Federal law enforcement officers
Federal officials
Fines (Penalties)
Fraud
Government Operations and Politics
Informers
Internet
Judges
Judicial officers
Juries
Jurisdiction
Kidnapping
Law
Law enforcement officers
Murder
Obstruction of justice
Police
Protection of officials
Restrictive trade practices
Right of privacy
Science, Technology, Communications
Sentences (Criminal procedure)
Sentencing guidelines
Stalking
Telecommunication industry
Telephone
U.S. Sentencing Commission
Victims of crimes
Violence
Wife abuse
Witnesses
Women

Summary:
action_date: 2006-02-08
text: 
Law Enforcement and Phone Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit: (1) the obtaining by fraud or other unauthorized means of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity); (2) the unauthorized sale or transfer of such records by any person, including any employee of a covered entity; and (3) the purchase of such records with knowledge that they were fraudulently obtained or obtained without authorization. Exempts law enforcement agencies. 
 
Imposes a fine and/or imprisonment for up to 20 years. Increases applicable penalties for: (1) violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity; and (2) the use of confidential phone records information in furtherance of certain crimes of violence.
 
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for the crimes defined by this Act.

action_date: 2006-03-16
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Law Enforcement and Phone Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (&quot;covered entity&quot;) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet without prior authorization. Imposes a fine and/or imprisonment of up to 20 years. 
 
Prohibits the unauthorized sale or transfer of confidential phone records information by any person, including any employee of a covered entity or any data broker, or the purchase of such information with knowledge that it was fraudulently obtained or obtained without authorization. Imposes a fine and/or imprisonment of up to five years.
 
Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.
 
Grants extraterritorial jurisdiction over crimes defined by this Act. 
 
Exempts law enforcement agencies making a lawful request for confidential phone records from the prohibitions of this Act.
 
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

action_date: 2006-04-25
text: 
 Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. 
 
Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).
 
Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.
 
Grants extraterritorial jurisdiction over crimes defined by this Act. 
 
Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.
 
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

action_date: 2006-12-08
text: 

(This measure has not been amended since it was passed by the House on April 25, 2006. The summary of that version is repeated here.)

Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. 

Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).

Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.

Grants extraterritorial jurisdiction over crimes defined by this Act. 

Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.

Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

action_date: 2007-01-12
text: 

(This measure has not been amended since it was passed by the House on April 25, 2006. The summary of that version is repeated here.)

Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. 

Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).

Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.

Grants extraterritorial jurisdiction over crimes defined by this Act. 

Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.

Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.


Legislative actions:
action_date: 2007-01-12
text: Became Public Law No: 109-476.
action_date: 2007-01-12
text: Became Public Law No: 109-476.
action_date: 2007-01-12
text: Signed by President.
action_date: 2007-01-12
text: Signed by President.
action_date: 2007-01-03
text: Presented to President.
action_date: 2007-01-03
text: Presented to President.
action_date: 2006-12-09
text: Message on Senate action sent to the House.
action_date: 2006-12-08
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2006-12-08
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2006-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S11640)
action_date: 2006-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S11640)
action_date: 2006-04-26
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2006-04-25
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 101). (text: CR H1690-1691)
action_date: 2006-04-25
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-04-25
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 101).(text: CR H1690-1691)
action_date: 2006-04-25
text: Considered as unfinished business. (consideration: CR H1704-1705)
action_date: 2006-04-25
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2006-04-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4709.
action_date: 2006-04-25
text: Considered under suspension of the rules. (consideration: CR H1690-1694)
action_date: 2006-04-25
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2006-03-16
text: Placed on the Union Calendar, Calendar No. 215.
action_date: 2006-03-16
text: Reported by the Committee on Judiciary. H. Rept. 109-395.
action_date: 2006-03-16
text: Reported by the Committee on Judiciary. H. Rept. 109-395.
action_date: 2006-03-02
text: Ordered to be Reported by Voice Vote.
action_date: 2006-03-02
text: Committee Consideration and Mark-up Session Held.
action_date: 2006-02-08
text: Referred to the House Committee on the Judiciary.
action_date: 2006-02-08
text: Sponsor introductory remarks on measure. (CR E90)
action_date: 2006-02-08
text: Introduced in House
action_date: 2006-02-08
text: Introduced in House

Enacted as: number: 109-476