Telephone Records and Privacy Protection Act of 2006
PL 109-476 (H.R.4709), enacted 01/12/2007

120 STAT. 3568
PUBLIC LAW 109–476—JAN. 12, 2007
Public Law 109–476
109th Congress
An Act
To amend title 18, United States Code, to strengthen protections for law enforcement
officers and the public by providing criminal penalties for the fraudulent acquisi-
tion or unauthorized disclosure of phone records.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Telephone Records and 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, business associates,
and more;
(3) call logs are typically maintained for the exclusive use
of phone companies, their authorized agents, and authorized
consumers;
(4) telephone records have been obtained without the
knowledge or consent of consumers through the use of a number
of fraudulent methods and devices that include—
(A) telephone company employees selling data to
unauthorized data brokers;
(B) ‘‘pretexting’’, whereby a data broker or other person
represents that they are an authorized consumer and con-
vinces an agent of the telephone company to release the
data; or
(C) gaining unauthorized Internet access to account
data by improperly activating a consumer’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 violence or stalking, compromise the
personal safety of law enforcement officers, their families, vic-
tims of crime, witnesses, or confidential informants, and under-
mine the integrity of law enforcement investigations.
18 USC 1039
note.
18 USC 1 note.
Telephone
Records and
Privacy
Protection Act of
2006.
Jan. 12, 2007
[H.R. 4709]
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120 STAT. 3569
PUBLIC LAW 109–476—JAN. 12, 2007
SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
OBTAINING CONFIDENTIAL PHONE RECORDS INFORMA-
TION OF A COVERED ENTITY.
(a) OFFENSE.—Chapter 47 of title 18, United States Code, is
amended by inserting after section 1038 the following:
‘‘§ 1039. Fraud and related activity in connection with
obtaining confidential phone records informa-
tion of a covered entity
‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate or foreign
commerce, knowingly and intentionally obtains, or attempts to
obtain, confidential phone records information of a covered entity,
by—
‘‘(1) making false or fraudulent statements or representa-
tions to an employee of a covered entity;
‘‘(2) making such false or fraudulent statements or rep-
resentations 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 authorization from the customer
to whom such confidential phone records information relates;
shall be fined under this title, imprisoned for not more than 10
years, or both.
‘‘(b) PROHIBITION
ON SALE
OR TRANSFER
OF CONFIDENTIAL
PHONE RECORDS INFORMATION.—
‘‘(1) Except as otherwise permitted by applicable law, who-
ever, in interstate or foreign commerce, knowingly and inten-
tionally sells or transfers, or attempts to sell or transfer, con-
fidential phone records information of a covered entity, without
prior authorization from the customer to whom such confiden-
tial phone records information relates, or knowing or having
reason to know such information was obtained fraudulently,
shall be fined under this title, imprisoned not more than 10
years, or both.
‘‘(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall
apply for the use of confidential phone records information
by any covered entity, as defined in subsection (h).
‘‘(c) PROHIBITION ON PURCHASE OR RECEIPT OF CONFIDENTIAL
PHONE RECORDS INFORMATION.—
‘‘(1) Except as otherwise permitted by applicable law, who-
ever, in interstate or foreign commerce, knowingly and inten-
tionally purchases or receives, or attempts to purchase or
receive, 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, shall be fined under this title, imprisoned not
more than 10 years, or both.
‘‘(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall
apply for the use of confidential phone records information
by any covered entity, as defined in subsection (h).
‘‘(d) ENHANCED PENALTIES FOR AGGRAVATED CASES.—Whoever
violates, or attempts to violate, subsection (a), (b), or (c) while
Applicability.
Applicability.
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120 STAT. 3570
PUBLIC LAW 109–476—JAN. 12, 2007
violating another law of the United States or as part of a pattern
of any illegal activity involving 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 such subsection, be fined
twice the amount provided in subsection (b)(3) or (c)(3) (as the
case may be) of section 3571 of this title, imprisoned for not more
than 5 years, or both.
‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMATION IN FUR-
THERANCE OF CERTAIN CRIMINAL OFFENSES.—
‘‘(1) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information 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
such subsection, 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 information 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 penalties pro-
vided for in such subsection, be fined under this title and
imprisoned not more than 5 years.
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial
jurisdiction over an offense under this section.
‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.—This
section does not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency
of the United States, a State, or political subdivision of a State,
or of an intelligence agency of the United States.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) CONFIDENTIAL
PHONE
RECORDS
INFORMATION.—The
term ‘confidential phone records information’ means informa-
tion that—
‘‘(A) relates to the quantity, technical configuration,
type, destination, location, or amount of use of a service
offered by a covered entity, subscribed to by any customer
of that covered entity, and kept by or on behalf of that
covered entity solely by virtue of the relationship between
that covered entity and the customer;
‘‘(B) is made available to a covered entity by a customer
solely by virtue of the relationship between that covered
entity and the customer; or
‘‘(C) is contained in any bill, itemization, or account
statement provided to a customer by or on behalf of a
covered entity solely by virtue of the relationship between
that covered entity and the customer.
‘‘(2) COVERED ENTITY.—The term ‘covered entity’—
‘‘(A) has the same meaning given the term ‘tele-
communications carrier’ in section 3 of the Communications
Act of 1934 (47 U.S.C. 153); and
‘‘(B) includes any provider of IP-enabled voice service.
‘‘(3) CUSTOMER.—The term ‘customer’ means, with respect
to a covered entity, any individual, partnership, association,
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120 STAT. 3571
PUBLIC LAW 109–476—JAN. 12, 2007
LEGISLATIVE HISTORY—H.R. 4709:
HOUSE REPORTS: No. 109–395 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Apr. 25, considered and passed House.
Dec. 8, considered and passed Senate.
joint stock company, trust, or corporation, or authorized rep-
resentative of such customer, to whom the covered entity pro-
vides a product or service.
‘‘(4) IP-ENABLED
VOICE
SERVICE.—The term ‘IP-enabled
voice service’ means the provision of real-time voice communica-
tions offered to the public, or such class of users as to be
effectively available to the public, transmitted through customer
premises equipment using TCP/IP protocol, or a successor pro-
tocol, (whether part of a bundle of services or separately) with
interconnection capability such that the service can originate
traffic to, or terminate traffic from, the public switched tele-
phone network, or a successor network.’’.
(b) CHAPTER ANALYSIS.—The table of sections for chapter 47
of title 18, United States Code, is amended by adding after the
item relating to section 1038 the following:
‘‘1039. Fraud and related activity in connection with obtaining confidential phone
records information of a covered entity.’’.
SEC. 4. SENTENCING GUIDELINES.
(a) REVIEW AND AMENDMENT.—Not later than 180 days after
the date of enactment of this Act, the United States Sentencing
Commission, pursuant to its authority under section 994 of title
28, United States Code, and in accordance with this section, shall
review and, if appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted of any offense
under section 1039 of title 18, United States Code.
(b) AUTHORIZATION.—The United States Sentencing Commis-
sion may amend the Federal sentencing guidelines in accordance
with the procedures set forth in section 21(a) of the Sentencing
Act of 1987 (28 U.S.C. 994 note) as though the authority under
that section had not expired.
Approved January 12, 2007.
Deadline.
28 USC 994 note.
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