Telephone Records and Privacy Protection Act of 2006
Latest action (12 Jan 2007): Became Public Law No: 109-476.
What this bill does
H.R. 4709, the Telephone Records and Privacy Protection Act of 2006, amends federal criminal law to address "pretexting" and other fraudulent methods used to obtain individuals' telephone call records. It creates a new federal crime, under Section 1039 of Title 18, for knowingly and intentionally obtaining a telephone customer's confidential phone records through false statements to a phone company or its customers, submitting fraudulent documents, or improperly accessing online accounts. The law also bars knowingly selling, transferring, purchasing, or receiving such records without customer authorization or when known to have been obtained fraudulently. Violations carry fines and up to 10 years in prison, with enhanced penalties when the conduct involves large-scale activity, many victims, or is tied to violent crimes, stalking, domestic violence, or threats against law enforcement officers.
The law applies to telecommunications carriers and providers of internet-based voice services (covered entities), their customers, and anyone—such as data brokers—who fraudulently acquires or trades in phone records. It exempts lawfully authorized law enforcement and intelligence activities. It also directs the U.S. Sentencing Commission to review and, if appropriate, update federal sentencing guidelines for this new offense within 180 days of enactment.
The bill was introduced in February 2006 by Rep. Lamar Smith, passed by Congress, and signed into law by the President, with final enactment recorded on January 12, 2007. No further legislative action is required.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
(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.
Timeline
12 Jan 2007
Became Public Law No: 109-476.
Common questions
- What does H.R. 4709 do?
- H.R. 4709, the Telephone Records and Privacy Protection Act of 2006, amends federal criminal law to address "pretexting" and other fraudulent methods used to obtain individuals' telephone call records. It creates a new federal crime, under Section 1039 of Title 18, for knowingly and intentionally obtaining a telephone customer's confidential phone records through false statements to a phone company or its customers, submitting fraudulent documents, or improperly accessing online accounts. The law also bars knowingly selling, transferring, purchasing, or receiving such records without customer authorization or when known to have been obtained fraudulently. Violations carry fines and up to 10 years in prison, with enhanced penalties when the conduct involves large-scale activity, many victims, or is tied to violent crimes, stalking, domestic violence, or threats against law enforcement officers. The law applies to telecommunications carriers and providers of internet-based voice services (covered entities), their customers, and anyone—such as data brokers—who fraudulently acquires or trades in phone records. It exempts lawfully authorized law enforcement and intelligence activities. It also directs the U.S. Sentencing Commission to review and, if appropriate, update federal sentencing guidelines for this new offense within 180 days of enactment. The bill was introduced in February 2006 by Rep. Lamar Smith, passed by Congress, and signed into law by the President, with final enactment recorded on January 12, 2007. No further legislative action is required.
- Has H.R. 4709 become law?
- Yes. H.R. 4709 has been enacted. Status last updated 12 Jan 2007.
- Who sponsored H.R. 4709?
- H.R. 4709 was sponsored by Rep. Smith, Lamar [R-TX-21] (R-TX), with 16 cosponsors.
- What's the latest action on H.R. 4709?
- Became Public Law No: 109-476. (12 Jan 2007).
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