Protecting Consumer Phone Records Act

Bill: 109-s-2389
Sponsor: Sen. Allen, George [R-VA]
Introduced: 2006-03-08 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Business records
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Computer security measures
Consumer education
Crime and Law Enforcement
Damages
Data banks
Federal Communications Commission
Federal Trade Commission
Federal preemption
Fines (Penalties)
Forfeiture
Government Operations and Politics
Government publicity
Independent regulatory commissions
Injunctions
Internet
Law
Local laws
Parties to actions
Public service advertising
Punitive damages
Restrictive trade practices
Right of privacy
State laws
Telephone

Summary:
action_date: 2006-03-08
text: 
Protecting Consumer Phone Records Act - Makes it unlawful for a person to: (1) acquire or use an individual's customer proprietary network information (CPNI) without written consent; (2) misrepresent that another person has consented to the acquisition of CPNI in order to obtain such information; (3) obtain unauthorized access to data processing systems or records in order to obtain such information; (4) sell, or offer to sell, CPNI; or (5) request that another person obtain CPNI from a telecommunications carrier or IP (Internet Protocol)-enabled voice service provider, knowing that the other person will obtain such information in an unlawful manner. Provides: (1) exceptions; and (2) civil and criminal penalties for violations.
 
Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the states. Preempts contrary state law.
 
Directs the FTC and FCC to jointly establish and implement a media and distribution campaign to teach the public about the protection afforded CPNI under this Act, the Federal Trade Commission Act, and the Communications Act of 1934.

action_date: 2006-05-09
text: 
Protecting Consumer Phone Records Act - Makes it unlawful for a person to: (1) acquire or use an individual's customer proprietary network information (CPNI) without written consent; (2) misrepresent that another person has consented to the acquisition of CPNI in order to obtain such information; (3) obtain unauthorized access to data processing systems or records in order to obtain such information; (4) sell, or offer to sell, CPNI; or (5) request that another person obtain CPNI from a telecommunications carrier or IP (Internet Protocol)-enabled voice service provider, knowing that the other person will obtain such information in an unlawful manner. Provides: (1) exceptions; and (2) civil and criminal penalties for violations, with a private right of action for providers and consumers.
 
Directs the Federal Communications Commission (FCC) to revise or supplement its regulations to require telecommunications carriers or IP-enabled voice service providers to protect the security and confidentiality of CPNI. Requires each such carrier or provider to notify customers of an incident in which CPNI relating to that customer was disclosed to someone other than the customer in violation of this Act (allowing a delay in such notification for law enforcement or homeland security purposes).
 
Prohibits a provider of commercial mobile services from including the wireless telephone number of any subscriber in any wireless directory assistance database, or publishing such a directory, unless such provider: (1) provides a clear notice to the subscriber of the right not to be listed; and (2) obtains express prior authorization from such subscriber for such listing. Requires cost-free delisting for subscribers. Prohibits the provider from charging a fee to the subscriber for the exercise of such privacy rights.
 
Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the FCC, and the states. Preempts contrary state law.
 
Directs the FTC and FCC to jointly establish and implement a media and distribution campaign to teach the public about the protection afforded CPNI under this Act, the Federal Trade Commission Act, and the Communications Act of 1934.


Legislative actions:
action_date: 2006-05-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 425.
action_date: 2006-05-09
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with an amendment in the nature of a substitute. With written report No. 109-253. Additional views filed.
action_date: 2006-05-09
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with an amendment in the nature of a substitute. With written report No. 109-253. Additional views filed.
action_date: 2006-03-30
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2006-03-08
text: Referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1895-1897)
action_date: 2006-03-08
text: Sponsor introductory remarks on measure. (CR S1895)
action_date: 2006-03-08
text: Introduced in Senate