S. 2389Senate109th Congress (2005-2007)In Committee

Protecting Consumer Phone Records Act

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 425.

May 9, 2006

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SenateIntro Referral

Introduced in Senate

March 8, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1895)

March 8, 2006

SenateIntro Referral

Referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1895-1897)

Commerce, Science, and Transportation Committee

March 8, 2006

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

Commerce, Science, and Transportation Committee

March 30, 2006

SenateCommittee

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.

Commerce, Science, and Transportation Committee

May 9, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 425.

May 9, 2006

Floor Debate

4 members

What members said about S. 2389 on the floor

1 Republican3 Democrats

Sen. Bill NelsonD-FL · Mar 8, 2006

Mr. President, I rise today to introduce a critically important bill for our national security and our immigration system. My bill is called the Border Operations Reform and Development of Electronic Remote Surveillance Act of 2006--otherwise known as the BORDERS Act. Getting control over our Nation's borders is an indispensable part of comprehensive immigration reform.

The Government of the United States has the obligation to protect its citizens and to provide for homeland security by having control of its international borders. Yet, as we all know, our borders with Mexico and Canada are broken. Recognizing the dangerous situation that this presents, the bipartisan 9/11 Commission strongly recommended that the United States get operational control of its borders.

Because our Government has not succeeded in adequately securing our borders, millions of undocumented aliens have crossed into our country without our Government's permission. Despite our best efforts to have an orderly system of immigration and to control who enters the United States, it's simply not working.

Comprehensive immigration reform demands that we find aggressive, practical, and cost-effective methods to quickly secure our borders. The BORDERS Act of 2006 does exactly that, building on recent reports by the Inspector General of the Department of Homeland Security, as well as the Government Accountability Office.

Let me briefly summarize the BORDERS Act of 2006 and explain why this bill is so important to our national security.

First, and most importantly, this bill requires the Department of Homeland Security to implement state-of-the-art surveillance technology programs to build an integrated ``virtual fence'' at our borders. These programs would use unmanned aerial vehicles--like the type already used by our military in combat zones--to monitor remote border locations.

These surveillance programs also would use a host of other technologies--like cameras, sensors, satellites, and radar--to patrol every inch of our United States borders. Right now, our Government has the capability to use these technologies and has tried to build a virtual fence. But the one major problem is that the current surveillance program uses components that are not fully integrated and automated.

For example, as the Inspector General of the Department of Homeland Security recently recommended, a virtual fence must use sensors that automatically activate a corresponding camera to focus itself on the direction of the triggered sensor. If someone if sneaking across our border and trips a sensor, I want the closest camera to automatically focus on the person sneaking in. And then I want the camera to send images to multiple border personnel at different locations, who can immediately dispatch the closest Border Patrol agents to capture the person. That's what my bill does: provides for an integrated, automated virtual fence that will allow our Border Patrol agents to apprehend anyone trying to sneak into the United States.

The BORDERS Act also requires the Department of Homeland Security to greatly increase its detention facilities. Right now, the border patrol is sometimes able to capture illegal aliens sneaking into the country, but we simply lack enough facilities to detain them. In some border areas, up to 90 percent of captured aliens are released, and only 10 percent of them show up for their immigration court hearing. Does that make sense?

If our Government cannot detain illegal aliens who are caught, we lose our

ability to make them report to their immigration proceedings. We never hear from them again. Thus, this bill instructs the Department of Homeland Security to increase its detention space by 20,000 beds for the next 5 years. The bill also instructs the Department to devise other ways to monitor illegal aliens who are captured, such as using ankle bracelets that can remotely track aliens.

Moreover, the BORDERS Act recognizes that our Government simply lacks the personnel manpower to effectively enforce our immigration laws and secure our borders. Therefore, the bill authorizes the addition of thousands of critical Federal jobs, ranging from Border Patrol agents to investigators to detention officers. And the bill requires that these personnel receive crucial training in matters like detecting fraudulent documents.

Another important section of this bill recognizes that in order for our detention mechanisms to function effectively, we need uniform detention standards. The BORDERS Act requires the Department of Homeland Security to implement standard operating rules so that costs are minimized and all detained aliens are treated fairly and humanely. I want to note that this bill contains a section specifically designed to ensure that detained alien children are treated properly while in U.S. custody. Children are the most vulnerable of illegal aliens, and especially when they are separated from their parents, we must ensure their safety.

Finally, the BORDERS Act of 2006 authorizes the Federal Government to reimburse States that incur the financial burden of detaining illegal aliens. It is unfair of us to expect the States to shoulder this huge cost by themselves.

Again, let me stress that border security is just one aspect of comprehensive immigration reform. I also will support legislation to address the status of undocumented aliens currently in the United States, if--and only if--such legislation is fair, humane, and recognizes the role that undocumented workers currently play in our nation's economy.

But border security is a policy area that should find wide agreement--across both parties. By setting up a cutting-edge, integrated ``virtual fence,'' and by building more detention centers, I believe that the United States can take a giant step forward in its quest to get control of our borders. In this post-9/11 world, our national security simply demands it.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Harry ReidD-NV · Mar 8, 2006

Mr. President, along with many of my colleagues, I have been fighting for sometime to end the ban on Concurrent Receipt, so disabled veterans can get the fair benefits they deserve. We have made some…

Let's remember what Concurrent Receipt is. It is an unfair and outdated policy that prevents disabled veterans from collecting both their military retirement pay and disability compensation. It requires a retired disabled veteran to deduct from his retirement pay, dollar for dollar, the amount of any disability compensation he receives.

Our veterans have given so much to our country. We owe it to them to get rid of this policy, and to make sure they get the full benefits they have earned and deserve.

I'm proud to say we have been able to chip away at this unfair practice in recent years.

In 2003, we passed my bill to allow--after a ten year waiting period--concurrent receipt for veterans with at least a 50 percent disability rating.

In 2004, I proposed legislation to eliminate that ten-year period and also to provide full concurrent receipt of military and disability pay to veterans with 100 percent service-related disability.

In November, 2005, we passed another amendment to expand concurrent receipt to cover America's most severely disabled veterans, and to implement the new policy immediately instead of phasing it in over a decade.

I was pleased with the passage of that amendment last year, but disappointed that the conference committee chose not to enact this valuable legislation for veterans rated as ``unemployable'' until 2009.

Today, concurrent receipt remains one of my highest priorities. We need to continue to chip away at this policy, and I am committed to that goal 100 percent.

With that in mind, today I am introducing the Combat-Related Special Compensation Act of 2006. This legislation will take care of soldiers who had hoped to make the military a career, but were discharged prematurely for an injury sustained in combat and forced to retire medically before attaining 20 years of service.

Right now, these soldiers receive combat-related disability benefits, but are not eligible to get retirement benefits because they cannot serve out the required 20 years. That is unfair, and this legislation will make sure they can get both.

This is the right thing to do. These veterans have been forced into retirement, and we need to take care of them.

I would note this legislation is especially important given the injuries we are seeing in Iraq. Improvised Explosive Devices have created numerous amputees and therefore, an increase in medically discharged veterans.

I have visited military hospitals on several occasions and have seen first hand the injuries sustained by military personnel. Many of the members have reached the 10, 12, 14-year marks of their military careers and have been forced to retire medically before the 20 year retirement norm. They'll get medical benefits, but they won't receive legitimate retirement compensation because they have been injured and are unable to serve until retirement, as they had planned.

That's wrong.

We shouldn't penalize veterans because they were injured serving their country. My legislation will fix this problem, and get them their prorated retirement pay, along with their disability pay.

Taking care of our veterans is the right thing to do. We must never forget the sacrifices they made to protect our freedom. Taking care of our veterans is also key to winning the war on terror. In our all- volunteer military, it is critical to attract and retain professional, dedicated soldiers.

These people serve because they love America. In turn, they expect that we will honor our commitments to provide health care and other primary benefits for them and their families.

By ending the ban on concurrent receipt, we have an opportunity to show our gratitude to our veterans. While our Nation is at war, there is no better honor we could bestow upon them than to pass this legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Barbara BoxerD-CA · Mar 8, 2006

Mr. President, I am pleased to introduce legislation today--as we celebrate international Women's Day--to strengthen and empower the women and girls of Afghanistan. International Women's Day is an…

Mr. President, I am pleased to introduce legislation today--as we celebrate international Women's Day--to strengthen and empower the women and girls of Afghanistan.

International Women's Day is an event celebrated world-wide to inspire women to achieve their full potential. But in so many places around the world, women continue to suffer from persecution and abuse, and many lack resources to become fully integrated

and equal members of society. Despite international intervention, Afghanistan is one such example. More than four years after the invasion of Afghanistan and the fall of the Taliban government, the women of Afghanistan still face significant hurdles as they seek to realize their full potential.

The maternal death rate for Afghan women remains tragically high-- with an estimated 1,600 deaths for every 100,000 live births. The illiteracy rate for women continues to hover around 80 percent.

And perhaps most troubling, the security situation for women is getting worse--threatening to slow or even reverse the gains that Afghan women have made over the past four years.

Lieutenant General Michael D. Maples, director of the Defense Intelligence Agency, recently testified that violence by the Taliban and other insurgents in Afghanistan in 2005 increased by 20 percent 2004 levels, specifically noting that the insurgency in Afghanistan ``appears emboldened.''

Women and girls have felt the impact particularly hard. In recent months, attacks against schools in Afghanistan that educate girls have increased substantially. According to media reports, teachers and principals are being threatened and killed--the headmaster at a coed school was even beheaded in January--and eight schools have been burned in the Kandahar province during the current school year alone.

Just today, the President of Afghanistan, Hamid Karzai admitted that Afghan women and girls have much to overcome. ``We have achieved successes in various dimensions during the past four years,'' Karzai said. ``But this journey has not ended . . . women especially are being oppressed, there are still women and young girls who are being married to settle disputes in Afghanistan, young girls are married against their will.''

The legislation I am introducing today, the Afghan Women Empowerment Act of 2006, will provide resources where they are needed most in Afghanistan--to Afghan women-led nongovernmental organizations, empowering those who will continue to provide for the needs of the Afghan people long after the international community has left.

The legislation will provide $30 million to these women-led NGOs to specifically focus on providing direct services to Afghan women such as adult literacy education, technical and vocational training, and health care services, including mental health treatment. It also provides assistance to especially vulnerable populations, including widows and orphans.

In addition, the Afghan Women Empowerment Act authorizes the President to appropriate $5 million to the Afghan Ministry of Women's Affairs and $10 million to the Afghan Independent Human Rights Commission--two vitally important entities dedicated to advancing the cause of women and human rights within Afghanistan.

I urge my colleagues to support this important legislation.

Sen. George AllenR-VA · Mar 8, 2006

Mr. President, today I rise to introduce and present to my colleagues the Protecting Consumers Phone Records Act. I am pleased to be the lead sponsor of this legislation and I want to thank my…

Mr. President, today I rise to introduce and present to my colleagues the Protecting Consumers Phone Records Act. I am pleased to be the lead sponsor of this legislation and I want to thank my colleagues, including Senators Stevens and Inouye, for working with me on this important issue.

In recent months, a number of Web sites have been selling consumers' confidential phone records to anyone willing to pay a small fee. According to experts, these records are usually obtained by unscrupulous individuals who fraudulently pose as customers requesting their own records. This common fraud is no less harmful, and in some cases even more disconcerting, than when a third-party uses false pretenses to obtain an innocent person's confidential financial records. In some cases, even physical harm can result from one's private phone records becoming public. We cannot allow these reprehensible practices to continue.

The goal of the Protecting Consumers Phone Records Act is to prevent the unauthorized and intrusive third party access of American consumers' phone records. Specifically, our legislation makes it illegal to solicit, acquire or sell a person's confidential phone records without that person's consent. It also specifically prohibits the practice commonly referred to as ``pretexting,'' where individuals obtain records by fraudulently misrepresenting that they have the authorization to obtain the records.

Fully combating this problem requires a team effort. That is why our legislation requires telephone companies to comply with minimum security requirements, similar to those required of financial institutions. Companies must do their part to protect their customers' records.

In order to deter this bad behavior, our legislation increases the penalties for violators. Should someone fraudulently solicit, obtain or sell an individual's phone records, they will be subject to an $11,000 penalty for each record, up to $11 million. Phone companies are subject to a $30,000 penalty, up to $3 million if they do not sufficiently protect their customers' phone records.

Finally, the Protecting Consumers Phone Records Act recognizes the importance of enforcement. The legislation provides the Federal Communications Commission, the Federal Trade Commission and State Attorneys General with strengthened enforcement authority. Additionally, telephone companies are given the authority to take legal action against those entities or individuals who have illegally acquired confidential phone records.

This legislation will send a clear message to the unscrupulous individuals profiting from the invasion of an innocent individual's privacy, that this fraudulent and deceptive behavior will not be tolerated. We are prepared to use all of the appropriate tools to eliminate this harmful practice.

Mr. President, I ask unanimous consent that the text of the bill be placed in the Record.

Sen. George AllenR-VA · Mar 8, 2006

Mr. President, today I rise to introduce and present to my colleagues the Protecting Consumers Phone Records Act. I am pleased to be the lead sponsor of this legislation and I want to thank my…

Mr. President, I ask unanimous consent that the text of the bill be placed in the Record.

Bill Text

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Reported to SenateIssued May 9, 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2389 Reported in Senate (RS)]

Calendar No. 425
109th CONGRESS
2d Session
S. 2389

[Report No. 109-253]

To amend the Communications Act of 1934 to prohibit the unlawful
acquisition and use of confidential customer proprietary network
information, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 8, 2006

Mr. Allen (for himself, Mr. Stevens, Mr. Inouye, Mr. Burns, Mr. Warner,
Mr. Santorum, Mr. Dorgan, Mr. Nelson of Florida, Mr. Vitter, Mr. Pryor,
Mr. Coleman, Mr. Talent, Mr. Martinez, Mr. Thune, Mrs. Hutchison, Mr.
Burr, and Mr. Chambliss) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation

May 9, 2006

Reported by Mr. Stevens, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]

_______________________________________________________________________

A BILL

To amend the Communications Act of 1934 to prohibit the unlawful
acquisition and use of confidential customer proprietary network
information, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the
``Protecting Consumer Phone Records Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Unauthorized acquisition, use, or sale of confidential
customer proprietary network telephone
information.
<DELETED>Sec. 3. Enhanced confidentiality procedures.
<DELETED>Sec. 4. Penalties; extension of confidentiality requirements
to other entities.
<DELETED>Sec. 5. Enforcement by Federal Trade Commission.
<DELETED>Sec. 6. Concurrent enforcement by Federal Communications
Commission.
<DELETED>Sec. 7. Enforcement by States.
<DELETED>Sec. 8. Preemption of State law.
<DELETED>Sec. 9. Consumer outreach and education.

<DELETED>SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL
CUSTOMER PROPRIETARY NETWORK TELEPHONE
INFORMATION.</DELETED>

<DELETED>    (a) In General.--It is unlawful for any person--</DELETED>
<DELETED>    (1) to acquire or use the customer proprietary
network information of another person without that person's
affirmative written consent;</DELETED>
<DELETED>    (2) to misrepresent that another person has
consented to the acquisition or use of such other person's
customer proprietary network information in order to acquire
such information;</DELETED>
<DELETED>    (3) to obtain unauthorized access to the data
processing system or records of a telecommunications carrier or
an IP-enabled voice service provider in order to acquire the
customer proprietary network information of 1 or more other
persons;</DELETED>
<DELETED>    (4) to sell, or offer for sale, customer
proprietary network information; or</DELETED>
<DELETED>    (5) to request that another person obtain customer
proprietary network information from a telecommunications
carrier or IP-enabled voice service provider, knowing that the
other person will obtain the information from such carrier or
provider in any manner that is unlawful under subsection
(a).</DELETED>
<DELETED>    (b) Exceptions.--</DELETED>
<DELETED>    (1) Existing practices permitted.--Nothing in
subsection (a) prohibits any practice permitted by section 222
of the Communications Act of 1934 (47 U.S.C. 222), or otherwise
authorized by law, as of the date of enactment of this
Act.</DELETED>
<DELETED>    (2) Caller id.--Nothing in subsection (a)
prohibits the use of caller identification services by any
person to identify the originator of telephone calls received
by that person.</DELETED>
<DELETED>    (c) Private Right of Action for Providers.--</DELETED>
<DELETED>    (1) In general.--A telecommunications carrier or
IP-enabled voice service provider may bring a civil action in
an appropriate State court, or in any United States district
court that meets applicable requirements relating to venue
under section 1391 of title 28, United States Code--</DELETED>
<DELETED>    (A) based on a violation of this section
or the regulations prescribed under this section to
enjoin such violation;</DELETED>
<DELETED>    (B) to recover for actual monetary loss
from such a violation, or to receive $11,000 in damages
for each such violation, whichever is greater;
or</DELETED>
<DELETED>    (C) both.</DELETED>
<DELETED>    (2) Treble damages.--If the court finds that the
defendant willfully or knowingly violated this section or the
regulations prescribed under this section, the court may, in
its discretion, increase the amount of the award to an amount
equal to not more than 3 times the amount available under
paragraph (1) of this subsection.</DELETED>
<DELETED>    (3) Inflation adjustment.--The $11,000 amount in
paragraph (1)(B) shall be adjusted for inflation as if it were
a civil monetary penalty, as defined in section 3(2) of the
Federal Civil Penalties Inflation Adjustment Act of 1996 (28
U.S.C. 2461 note).</DELETED>
<DELETED>    (d) Civil Penalty.--</DELETED>
<DELETED>    (1) In general.--Any person who violates this
section shall be subject to a civil penalty of not more than
$11,000 for each violation or each day of a continuing
violation, except that the amount assessed for any continuing
violation shall not exceed a total of $11,000,000 for any
single act or failure to act.</DELETED>
<DELETED>    (2) Separate violations.--A violation of this
section with respect to the customer proprietary network
information of 1 person shall be treated as a separate
violation from a violation with respect to the customer
proprietary network information of any other person.</DELETED>
<DELETED>    (e) Limitation.--Nothing in this Act or section 222 of the
Communications Act of 1934 (47 U.S.C. 222) authorizes a subscriber to
bring a civil action against a telecommunications carrier or an IP-
enabled voice service provider.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
<DELETED>    (1) Customer proprietary network information.--The
term ``customer proprietary network information'' has the
meaning given that term by section 222(i)(1) of the
Communications Act of 1934 (47 U.S.C. 222(i)(1)).</DELETED>
<DELETED>    (2) IP-enabled voice service.--The term ``IP-
enabled voice service'' has the meaning given that term by
section 222(i)(8) of the Communications Act of 1934 (47 U.S.C.
222(i)(8)).</DELETED>
<DELETED>    (3) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given it by
section 3(44) of the Communications Act of 1934 (47 U.S.C.
3(44)).</DELETED>

<DELETED>SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of
enactment of this Act, the Federal Communications Commission shall--
</DELETED>
<DELETED>    (1) revise or supplement its regulations, to the
extent the Commission determines it is necessary, to require a
telecommunications carrier or IP-enabled voice service
provider--</DELETED>
<DELETED>    (A) to ensure the security and
confidentiality of customer proprietary network
information (as defined in section 222(i)(1) of the
Communications Act of 1934 (47 U.S.C.
222(i)(1))),</DELETED>
<DELETED>    (B) to protect such customer proprietary
network information against threats or hazards to its
security or confidentiality; and</DELETED>
<DELETED>    (C) to protect customer proprietary
network information from unauthorized access or use
that could result in substantial harm or inconvenience
to its customers, and</DELETED>
<DELETED>    (2) ensure that any revised or supplemental
regulations are similar in scope and structure to the Federal
Trade Commission's regulations in part 314 of title 16, Code of
Federal Regulations, taking into consideration the differences
between financial information and customer proprietary network
information.</DELETED>
<DELETED>    (b) Compliance Certification.--Each telecommunications
carrier and IP-enabled voice service provider to which the regulations
under subsection (a) and section 222 of the Communications Act of 1934
(47 U.S.C. 222) apply shall file with the Commission annually a
certification that, for the period covered by the filing, it has been
in compliance with those requirements.</DELETED>

<DELETED>SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS
TO OTHER ENTITIES.</DELETED>

<DELETED>    (a) Penalties.--Title V of the Communications Act of 1934
(47 U.S.C. 501 et seq.) is amended by inserting after section 508 the
following:</DELETED>

<DELETED>``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY
NETWORK INFORMATION VIOLATIONS.</DELETED>

<DELETED>    ``(a) Civil Forfeiture.--</DELETED>
<DELETED>    ``(1) In general.--Any telecommunications carrier
or IP-enabled voice service provider that is determined by the
Commission, in accordance with paragraphs (3) and (4) of
section 503(b), to have violated section 222 of this Act shall
be liable to the United States for a forfeiture penalty. A
forfeiture penalty under this subsection shall be in addition
to any other penalty provided for by this Act. The amount of
the forfeiture penalty determined under this subsection shall
not exceed $30,000 for each violation, or 3 times that amount
for each day of a continuing violation, except that the amount
assessed for any continuing violation shall not exceed a total
of $3,000,000 for any single act or failure to act.</DELETED>
<DELETED>    ``(2) Recovery.--Any forfeiture penalty determined
under paragraph (1) shall be recoverable pursuant to section
504(a) of this Act.</DELETED>
<DELETED>    ``(3) Procedure.--No forfeiture liability shall be
determined under paragraph (1) against any person unless such
person receives the notice required by section 503(b)(3) or
section 503(b)(4) of this Act.</DELETED>
<DELETED>    ``(4) 2-year statute of limitations.--No
forfeiture penalty shall be determined or imposed against any
person under paragraph (1) if the violation charged occurred
more than 2 years prior to the date of issuance of the required
notice or notice or apparent liability.</DELETED>
<DELETED>    ``(b) Criminal Fine.--Any person who willfully and
knowingly violates section 222 of this Act shall upon conviction
thereof be fined not more than $30,000 for each violation, or 3 times
that amount for each day of a continuing violation, in lieu of the fine
provided by section 501 for such a violation. This subsection does not
supersede the provisions of section 501 relating to imprisonment or the
imposition of a penalty of both fine and imprisonment.''.</DELETED>
<DELETED>    (b) Extension of Confidentiality Requirements to IP-
Enabled Voice Service Providers.--Section 222 of the Communications Act
of 1934 (47 U.S.C. 222) is amended--</DELETED>
<DELETED>    (1) by inserting ``or IP-enabled voice service
provider'' after ``telecommunications carrier'' each place it
appears except in subsections (e) and (g);</DELETED>
<DELETED>    (2) by inserting ``or IP-enabled voice service
provider'' after ``exchange service'' in subsection
(g);</DELETED>
<DELETED>    (3) by striking ``telecommunication carriers''
each place it appears in subsection (a) and inserting
``telecommunications carriers or IP-enabled voice service
providers'';</DELETED>
<DELETED>    (4) by inserting ``or provider'' after ``carrier''
in subsection (d)(2), paragraphs (1)(A) and (B) and (3)(A) and
(B) of subsection (i) (as redesignated);</DELETED>
<DELETED>    (5) by inserting ``or providers'' after
``carriers'' in subsection (d)(2); and</DELETED>
<DELETED>    (6) by inserting ``and IP-Enabled Voice Service
Provider'' after ``Carrier'' in the caption of subsection
(c).</DELETED>
<DELETED>    (c) Definition.--Section 222(h) of the Communications Act
of 1934 (47 U.S.C. 222(h)) is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(8) IP-enabled voice service.--The term `IP-
enabled voice service' means the provision of real-time 2-way
voice communications offered to the public, or such classes of
users as to be effectively available to the public, transmitted
through customer premises equipment using TCP/IP protocol, or a
successor protocol, for a fee (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 telephone network.''.</DELETED>
<DELETED>    (d) Telecommunications Carrier and IP-Enabled Voice
Service Provider Notification Requirement.--Section 222 of the
Communications Act of 1934 (47 U.S.C. 222), is further amended--
</DELETED>
<DELETED>    (1) by redesignating subsection (h) as subsection
(i); and</DELETED>
<DELETED>    (2) by inserting after subsection (g) the
following new subsection:</DELETED>
<DELETED>    ``(h) Notice of Violations.--The Commission shall by
regulation require each telecommunications carrier or IP-enabled voice
service provider to notify a customer within 14 calendar days of any
incident of which such telecommunications carrier or IP-enabled voice
service provider becomes or is made aware in which customer proprietary
network information relating to such customer is disclosed to someone
other than the customer in violation of this section or section 2 of
the Protecting Consumer Phone Records Act.''.</DELETED>

<DELETED>SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.</DELETED>

<DELETED>    (a) In General.--Except as provided in sections 6 and 7 of
this Act, section 2 of this Act shall be enforced by the Federal Trade
Commission.</DELETED>
<DELETED>    (b) Violation Treated as an Unfair or Deceptive Act or
Practice.--Violation of section 2 shall be treated as an unfair or
deceptive act or practice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).</DELETED>
<DELETED>    (c) Actions by the Commission.--The Commission shall
prevent any person from violating this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any person that violates section 2 is subject to the
penalties and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.</DELETED>

<DELETED>SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS
COMMISSION.</DELETED>

<DELETED>    (a) In General.--The Federal Communications Commission
shall have concurrent jurisdiction to enforce section 2.</DELETED>
<DELETED>    (b) Penalty; Procedure.--For purposes of enforcement of
that section by the Commission--</DELETED>
<DELETED>    (1) a violation of section 2 of this Act is deemed
to be a violation of a provision of the Communications Act of
1934 (47 U.S.C. 151 et seq.) rather than a violation of the
Federal Trade Commission Act; and</DELETED>
<DELETED>    (2) the provisions of section 509(a)(2), (3), and
(4) of the Communications Act of 1934 shall apply to the
imposition and collection of the civil penalty imposed by
section 2 of this Act as if it were the civil penalty imposed
by section 509(a)(1) of that Act.</DELETED>

<DELETED>SEC. 7. ENFORCEMENT BY STATES.</DELETED>

<DELETED>    (a) In General.--The chief legal officer of a State may
bring a civil action, as parens patriae, on behalf of the residents of
that State in an appropriate district court of the United States to
enforce section 2 or to impose the civil penalties for violation of
that section, whenever the chief legal officer of the State has reason
to believe that the interests of the residents of the State have been
or are being threatened or adversely affected by a violation of this
Act or a regulation under this Act.</DELETED>
<DELETED>    (b) Notice.--The chief legal officer of a State shall
serve written notice on the Federal Trade Commission and the Federal
Communications Commission of any civil action under subsection (a)
prior to initiating such civil action. The notice shall include a copy
of the complaint to be filed to initiate such civil action, except that
if it is not feasible for the State to provide such prior notice, the
State shall provide such notice immediately upon instituting such civil
action.</DELETED>
<DELETED>    (c) Authority To Intervene.--Upon receiving the notice
required by subsection (b), either Commission may intervene in such
civil action and upon intervening--</DELETED>
<DELETED>    (1) be heard on all matters arising in such civil
action; and</DELETED>
<DELETED>    (2) file petitions for appeal of a decision in
such civil action.</DELETED>
<DELETED>    (d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall prevent the
chief legal officer of a State from exercising the powers conferred on
that officer by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other
evidence.</DELETED>
<DELETED>    (e) Venue; Service of Process.--</DELETED>
<DELETED>    (1) Venue.--An action brought under subsection (a)
shall be brought in a district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28, United States Code.</DELETED>
<DELETED>    (2) Service of process.--In an action brought
under subsection (a)--</DELETED>
<DELETED>    (A) process may be served without regard
to the territorial limits of the district or of the
State in which the action is instituted; and</DELETED>
<DELETED>    (B) a person who participated in an
alleged violation that is being litigated in the civil
action may be joined in the civil action without regard
to the residence of the person.</DELETED>
<DELETED>    (f) Limitation on State Action While Federal Action Is
Pending.--If either Commission has instituted an enforcement action or
proceeding for violation of section 2 of this Act, the chief legal
officer of the State in which the violation occurred may not bring an
action under this section during the pendency of the proceeding against
any person with respect to whom the Commission has instituted the
proceeding.</DELETED>

<DELETED>SEC. 8. PREEMPTION OF STATE LAW.</DELETED>

<DELETED>    (a) Preemption.--Section 2 and the regulations prescribed
pursuant to section 3 of this Act and section 222 of the Communications
Act of 1934 (47 U.S.C. 222) and the regulations prescribed thereunder
preempt any--</DELETED>
<DELETED>    (1) statute, regulation, or rule of any State or
political subdivision thereof that requires a
telecommunications carrier or provider of IP-enabled voice
service to develop, implement, or maintain procedures for
protecting the confidentiality of customer proprietary network
information (as defined in section 222(i)(1) of the
Communications Act of 1934 (47 U.S.C. 222(i)(1))) held by that
telecommunications carrier or provider of IP-enabled voice
service, or that restricts or regulates a carrier's or
provider's ability to use, disclose, or permit access to such
information; and</DELETED>
<DELETED>    (2) any such statute, regulation, or rule, or
judicial precedent of any State court under which liability is
imposed on a telecommunications carrier or provider of IP-
enabled voice service for failure to comply with any statute,
regulation, or rule described in paragraph (1) or with the
requirements of section 2 or the regulations prescribed
pursuant to section 3 of this Act or with section 222 of the
Communications Act of 1934 or the regulations prescribed
thereunder.</DELETED>
<DELETED>    (b) Limitation on Preemption.--This Act shall not be
construed to preempt the applicability of--</DELETED>
<DELETED>    (1) State laws that are not specific to the
matters described in subsection (a), including State contract
or tort law; or</DELETED>
<DELETED>    (2) other State laws to the extent those laws
relate to acts of fraud or computer crime.</DELETED>

<DELETED>SEC. 9. CONSUMER OUTREACH AND EDUCATION.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of
enactment of this Act, the Federal Trade Commission and Federal
Communications Commission shall jointly establish and implement a media
and distribution campaign to teach the public about the protection
afforded customer proprietary network information under this Act, the
Federal Trade Commission Act and the Communications Act of
1934.</DELETED>
<DELETED>    (b) Campaign Requirements.--The campaign shall--</DELETED>
<DELETED>    (1) promote understanding of--</DELETED>
<DELETED>    (A) the problem concerning the theft and
misuse of customer proprietary network
information;</DELETED>
<DELETED>    (B) available methods for consumers to
protect their customer proprietary network information;
and</DELETED>
<DELETED>    (C) efforts undertaken by the Federal
Trade Commission and the Federal Communications
Commission to prevent the problem and seek redress
where a breach of security involving customer
proprietary network information has occurred;
and</DELETED>
<DELETED>    (2) explore various distribution platforms to
accomplish the goal set forth in paragraph (1).</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Protecting
Consumer Phone Records Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Unauthorized acquisition, use, or sale of confidential customer
proprietary network telephone information.
Sec. 3. Enhanced confidentiality procedures.
Sec. 4. Penalties; extension of confidentiality requirements to other
entities.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Concurrent enforcement by Federal Communications Commission.
Sec. 7. Enforcement by States.
Sec. 8. Preemption of State law.
Sec. 9. Consumer outreach and education.D23/

SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER
PROPRIETARY NETWORK TELEPHONE INFORMATION.

(a) In General.--It is unlawful for any person--
(1) to acquire or use the customer proprietary network
information of another person without that person's affirmative
written consent, which shall include electronic consent that
meets the requirements of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7001 et seq.);
(2) to misrepresent that another person has consented to
the acquisition or use of such other person's customer
proprietary network information in order to acquire such
information;
(3) to obtain unauthorized access to the data processing
system or records of a telecommunications carrier or an IP-
enabled voice service provider in order to acquire the customer
proprietary network information of 1 or more other persons;
(4) to sell, or offer for sale, customer proprietary
network information; or
(5) to request that another person obtain customer
proprietary network information from a telecommunications
carrier or IP-enabled voice service provider, knowing that the
other person will obtain the information from such carrier or
provider in any manner that is unlawful under subsection (a).
(b) Exceptions.--
(1) Application with section 222 of communications act of
1934.--This Act does not prohibit a telecommunications carrier
or an IP-enabled voice service provider or any third party that
lawfully obtains such information from a carrier or provider
from engaging in any act or practice that was not prohibited by
section 222 of the Communications Act of 1934 (47 U.S.C. 222)
or regulations that are consistent with the provisions of
section 222, as that section and those regulations were in
effect on the day before the date of enactment of this Act.
(2) Application of other laws.--This Act does not prohibit
any act or practice otherwise authorized by law, including any
lawfully authorized investigative, protective, or intelligence
activity of a law enforcement agency or the United States, a
State, or a political subdivision of a State, or an
intelligence agency of the United States.
(3) Treatment of ip-enabled voice service providers.--For
purposes of this section, an IP-enabled voice service provider
shall be treated as if it were a telecommunications carrier
covered by section 222 of the Communications Act of 1934 (47
U.S.C. 222) before the date of enactment of this Act.
(4) Caller id.--Nothing in this Act prohibits the use of
caller identification services by any person to identify the
originator of telephone calls received by that person.
(c) Private Right of Action for Providers.--
(1) In general.--A telecommunications carrier or IP-enabled
voice service provider may bring a civil action in an
appropriate State court, or in any United States district court
that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code, or for any
judicial district in which the carrier or service provider
resides or conducts business--
(A) based on a violation of this section or the
regulations prescribed under this section to enjoin
such violation;
(B) to recover for actual monetary loss from such a
violation, or to receive $11,000 in damages for each
such violation, whichever is greater; or
(C) both.
(2) Treble damages.--If the court finds that the defendant
willfully or knowingly violated this section or the regulations
prescribed under this section, the court may, in its
discretion, increase the amount of the award to an amount equal
to not more than 3 times the amount available under paragraph
(1) of this subsection.
(3) Inflation adjustment.--The $11,000 amount in paragraph
(1)(B) shall be adjusted for inflation as if it were a civil
monetary penalty, as defined in section 3(2) of the Federal
Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C.
2461 note).
(d) Private Right of Action for Consumers.--
(1) In general.--An individual who has been caused harm as
a result of their confidential proprietary network information
being obtained, used, or sold in violation of this section may
file a civil action in any court of competent jurisdiction
against the person who caused the harm as a result of a
violation of this section.
(2) Remedies.--A court in which such civil action has been
brought may award damages of not more than $11,000 for each
violation of this section with respect to the plaintiff's
customer proprietary network information and provide such
additional relief as the court deems appropriate, including the
award of court costs, investigative costs, and reasonable
attorney's fees.
(3) Treble damages.--If the court finds that the defendant
willfully or knowingly violated this section or the regulations
prescribed under this section, the court may, in its
discretion, increase the amount of the award to not more than 3
times the damages determined by the court under paragraph (2).
(4) Inflation adjustment.--The $11,000 amount in paragraph
(2) shall be adjusted for inflation as if it were a civil
monetary penalty, as defined in section 3 (2) of the Federal
Civil Penalties Inflation Adjustment Act of 1996 (28 USC 2461
note).
(e) Civil Penalty.--
(1) In general.--Any person who violates this section shall
be subject to a civil penalty of not more than $11,000 for each
violation or each day of a continuing violation, except that
the amount assessed for any continuing violation shall not
exceed a total of $11,000,000 for any single act or failure to
act.
(2) Separate violations.--A violation of this section with
respect to the customer proprietary network information of 1
person shall be treated as a separate violation from a
violation with respect to the customer proprietary network
information of any other person.
(f) Limitation.--Nothing in this Act or section 222 of the
Communications Act of 1934 (47 U.S.C. 222) authorizes a subscriber to
bring a civil action against a telecommunications carrier or an IP-
enabled voice service provider.
(g) Definitions.--In this section:
(1) Customer proprietary network information.--The term
``customer proprietary network information'' has the meaning
given that term by section 222(i)(1) of the Communications Act
of 1934 (47 U.S.C. 222(i)(1)).
(2) IP-enabled voice service.--The term ``IP-enabled voice
service'' has the meaning given that term by section 222(i)(8)
of the Communications Act of 1934 (47 U.S.C. 222(i)(8)).
(3) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given it by
section 3(44) of the Communications Act of 1934 (47 U.S.C.
3(44)).

SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.

(a) In General.--Within 180 days after the date of enactment of
this Act, the Federal Communications Commission shall--
(1) revise or supplement its regulations, to the extent the
Commission determines it is necessary, to require a
telecommunications carrier or IP-enabled voice service provider
to protect--
(A) the security and confidentiality of customer
proprietary network information (as defined in section
222(i)(1) of the Communications Act of 1934 (47 U.S.C.
222(i)(1))); and
(B) customer proprietary network information
against any anticipated threats or hazards to its
security or confidentiality; and
(C) customer proprietary network information from
unauthorized access or use that could result in
substantial harm or inconvenience to its customers; and
(2) ensure that any revised or supplemental regulations are
similar in scope and structure to the Federal Trade
Commission's regulations in part 314 of title 16, Code of
Federal Regulations, as such regulations are in effect on the
date of enactment of this Act, taking into consideration the
differences between financial information and customer
proprietary network information.
(b) Compliance Certification.--Each telecommunications carrier and
IP-enabled voice service provider to which the regulations under
subsection (a) and section 222 of the Communications Act of 1934 (47
U.S.C. 222) apply shall file with the Commission annually a
certification that, for the period covered by the filing, it has been
in compliance with those requirements.

SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER
ENTITIES.

(a) Penalties.--Title V of the Communications Act of 1934 (47
U.S.C. 501 et seq.) is amended by inserting after section 508 the
following:

``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK
INFORMATION VIOLATIONS.

``(a) Civil Forfeiture.--
``(1) In general.--Any person determined by the Commission,
in accordance with paragraphs (3) and (4) of section 503(b), to
have violated section 2 of the Protecting Consumer Phone
Records Act shall be liable to the United States for a
forfeiture penalty. A forfeiture penalty under this subsection
shall be in addition to any other penalty provided for by this
Act. The amount of the forfeiture penalty determined under this
subsection shall not exceed $30,000 for each violation, or 3
times that amount for each day of a continuing violation,
except that the amount assessed for any continuing violation
shall not exceed a total of $3,000,000 for any single act or
failure to act.
``(2) Recovery.--Any forfeiture penalty determined under
paragraph (1) shall be recoverable pursuant to section 504(a)
of this Act.
``(3) Procedure.--No forfeiture liability shall be
determined under paragraph (1) against any person unless such
person receives the notice required by section 503(b)(3) or
section 503(b)(4) of this Act.
``(4) 2-year statute of limitations.--No forfeiture penalty
shall be determined or imposed against any person under
paragraph (1) if the violation charged occurred more than 2
years prior to the date of issuance of the required notice or
notice or apparent liability.
``(b) Criminal Fine.--Any person who willfully and knowingly
violates section 2 of the Protecting Consumer Phone Records Act shall
upon conviction thereof be fined not more than $30,000 for each
violation, or 3 times that amount for each day of a continuing
violation, in lieu of the fine provided by section 501 for such a
violation. This subsection does not supersede the provisions of section
501 relating to imprisonment or the imposition of a penalty of both
fine and imprisonment.''.
(b) Extension of Confidentiality Requirements to IP-enabled Voice
Service Providers.--Section 222 of the Communications Act of 1934 (47
U.S.C. 222) is amended--
(1) by inserting ``or IP-enabled voice service provider''
after ``telecommunications carrier'' each place it appears
except in subsections (e) and (g);
(2) by inserting ``or IP-enabled voice service provider''
after ``exchange service'' in subsection (g);
(3) by striking ``telecommunication carriers'' each place
it appears in subsection (a) and inserting ``telecommunications
carriers or IP-enabled voice service providers'';
(4) by inserting ``or provider'' after ``carrier'' in
subsection (d)(2) and in paragraphs (1)(A) and (B) and (3)(A)
and (B) of subsection (h);
(5) by inserting ``or provider-customer'' after ``carrier-
customer'' in subsection (h)(1)(A);
(6) by inserting ``or providers'' after ``carriers'' in
subsection (d)(2);
(7) by inserting ``and IP-enabled Voice Service Provider''
after ``Carrier'' in the caption of subsection (b);
(8) by inserting ``and ip-enabled voice service providers''
after ``carriers'' in the caption of subsection (c)(1);
(9) by inserting ``or IP-enabled voice service'' after
``service'' in subsection (h)(1)(A); and
(10) by striking ``telephone exchange service or telephone
toll service'' in subsection (h)(1)(B) and inserting
``telephone exchange service, telephone toll service, or IP-
enabled voice service''.
(c) Definition.--Section 222(h) of the Communications Act of 1934
(47 U.S.C. 222(h)) is amended by adding at the end the following:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using TCP/IP protocol, or a
successor protocol, for a fee (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 telephone network.''.
(d) Telecommunications Carrier and IP-enabled Voice Service
Provider Notification Requirement.--Section 222 of the Communications
Act of 1934 (47 U.S.C. 222), is further amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--
``(1) In general.--The Commission shall by regulation
require each telecommunications carrier or IP-enabled voice
service provider to notify a customer within 14 calendar days
after the carrier or provider is notified of, or becomes aware
of, an incident in which customer proprietary network
information relating to such customer was disclosed to someone
other than the customer in violation of this section or section
2 of the Protecting Consumer Phone Records Act.
``(2) Law enforcement and homeland security related
delays.--Notwithstanding paragraph (1), a telecommunications
carrier or IP-enabled voice service provider may delay the
required notification for a reasonable period of time if--
``(A) a Federal or State law enforcement agency
determines that giving notice within the 14-day period
would materially impede a civil or criminal
investigation; or
``(B) a Federal national security agency or the
Department of Homeland Security determines that giving
notice within the 14-day period would threaten national
or homeland security.''; and
(3) by striking ``information.'' in paragraph (1) of
subsection (i), as redesignated, and inserting ``information
nor does it include information that is related to non-voice
service features bundled with IP-enabled voice service.''.
(e) Statute of Limitations.--Section 503(b)(6)(B) of the
Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended to read
as follows:
``(B) such person does not hold a broadcast station
license issued under title III of this Act and--
``(i) the person is charged with violating
section 222 and the violation occurred more
than 2 years prior to the date of issuance of
the required notice or notice of apparent
liability; or
``(ii) the person is charged with violating
any other provision of this Act and the
violation occurred more than 1 year prior to
the date of issuance of the required notice or
notice of apparent liability.''.
(f) Application of Cable Subscriber Privacy Rules to IP-enabled
Voice Service Providers.--Section 631 of the Communications Act of 1934
(47 U.S.C. 551) is amended by adding at the end the following:
``(i) Customer Proprietary Network Information.--This section does
not apply to customer proprietary network information (as defined in
section 222(i)(1) of this Act) as it relates to the provision of IP-
enabled voice service (as defined in section 222(i)(8) of this Act) by
a cable operator to the extent that section 222 of this Act and section
2 of the Protecting Consumer Phone Records Act applies to such
information.''.
(g) Consumer Control of Wireless Phone Numbers.--Section 222 of the
Communications Act of 1934 (47 U.S.C. 222), as amended by subsection
(d), is further amended by adding at the end the following:
``(j) Wireless Consumer Privacy Protection.--
``(1) In general.--A provider of commercial mobile
services, or any direct or indirect affiliate or agent of such
a provider, may not include the wireless telephone number
information of any subscriber in any wireless directory
assistance service database unless the mobile service
provider--
``(A) provides a conspicuous, separate notice to
the subscriber informing the subscriber of the right
not to be listed in any wireless directory assistance
service; and
``(B) obtains express prior authorization for
listing from such subscriber, separate from any
authorization obtained to provide such subscriber with
commercial mobile service, or any calling plan or
service associated with such commercial mobile service,
and such authorization has not been subsequently
withdrawn.
``(2) Cost-free de-listing.--A provider of commercial
mobile services, or any direct or indirect affiliate or agent
of such a provider, shall remove the wireless telephone number
information of any subscriber from any wireless directory
assistance service database upon request by that subscriber and
without any cost to the subscriber.
``(3) Publication of directories prohibited.--A provider of
commercial mobile services, or any direct or indirect affiliate
or agent of such a provider, may not publish, in printed,
electronic, or other form, or sell or otherwise disseminate,
the contents of any wireless directory assistance service
database, or any portion or segment thereof unless the mobile
service provider--
``(A) provides a conspicuous, separate notice to
the subscriber informing the subscriber of the right
not to be listed; and
``(B) obtains express prior authorization for
listing from such subscriber, separate from any
authorization obtained to provide such subscriber with
commercial mobile service, or any calling plan or
service associated with such commercial mobile service,
and such authorization has not been subsequently
withdrawn.
``(4) No consumer fee for retaining privacy.--A provider of
commercial mobile services may not charge any subscriber for
exercising any of the rights described under this subsection.
``(5) State and local laws pre-empted.--To the extent that
any State or local government imposes requirements on providers
of commercial mobile services, or any direct or indirect
affiliate or agent of such providers, that are inconsistent
with the requirements of this subsection, this subsection
preempts such State or local requirements.
``(6) Definitions.--In this subsection:
``(A) Wireless telephone number information.--The
term `wireless telephone number information' means the
telephone number, electronic address, and any other
identifying information by which a calling party may
reach a subscriber to commercial mobile services, and
which is assigned by a commercial mobile service
provider to such subscriber, and includes the name and
address of such subscriber.
``(B) Wireless directory assistance service.--The
term `wireless directory assistance service' means any
service for connecting calling parties to a subscriber
of commercial mobile service when such calling parties
themselves do not possess the wireless telephone number
information of such subscriber.''.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

(a) In General.--Except as provided in sections 6 and 7 of this
Act, section 2 of this Act shall be enforced by the Federal Trade
Commission with respect to any entity subject to the jurisdiction of
the Commission under section 5(a)(2) of the Federal Trade Commission
Act (15 U.S.C. 45(a)(2)).
(b) Violation Treated as an Unfair or Deceptive Act or Practice.--
Violation of section 2 shall be treated as an unfair or deceptive act
or practice proscribed under a rule issued under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Actions by the Commission.--The Commission shall prevent any
person from violating this Act in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any person that violates section 2 is subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act. Nothing in section 2(d) of this Act limits
any penalty under the Federal Trade Commission Act as that Act is made
applicable to violations of section 2 by the preceding sentence.

SEC. 6. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS COMMISSION.

(a) In General.--The Federal Communications Commission shall have
concurrent jurisdiction to enforce section 2.
(b) Penalty; Procedure.--For purposes of enforcement of that
section by the Commission--
(1) a violation of section 2 of this Act is deemed to be a
violation of a provision of the Communications Act of 1934 (47
U.S.C. 151 et seq.) rather than a violation of the Federal
Trade Commission Act; and
(2) the provisions of section 509(a)(2), (3), and (4) of
the Communications Act of 1934 shall apply to the imposition
and collection of the civil penalty imposed by section 2 of
this Act as if it were the civil penalty imposed by section
509(a)(1) of that Act.

SEC. 7. ENFORCEMENT BY STATES.

(a) In General.--The chief legal officer of a State, or any other
State officer authorized by law to bring actions on behalf of the
residents of a State, may bring a civil action, as parens patriae, on
behalf of the residents of that State in an appropriate district court
of the United States to enforce section 2 or to impose the civil
penalties for violation of that section, whenever the chief legal
officer or other State officer has reason to believe that the interests
of the residents of the State have been or are being threatened or
adversely affected by a violation of this Act or a regulation under
this Act.
(b) Notice.--The chief legal officer or other State officer shall
serve written notice on the Federal Trade Commission and the Federal
Communications Commission of any civil action under subsection (a)
prior to initiating such civil action. The notice shall include a copy
of the complaint to be filed to initiate such civil action, except that
if it is not feasible for the State to provide such prior notice, the
State shall provide such notice immediately upon instituting such civil
action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), either Commission may intervene in such civil action
and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the chief legal
officer or other State officer from exercising the powers conferred on
that officer by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--
(1) Venue.--An action brought under subsection (a) shall be
brought in a district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a)--
(A) process may be served without regard to the
territorial limits of the district or of the State in
which the action is instituted; and
(B) a person who participated in an alleged
violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
either Commission has instituted an enforcement action or proceeding
for violation of section 2 of this Act, the chief legal officer or
other State officer of the State in which the violation occurred may
not bring an action under this section during the pendency of the
proceeding against any person with respect to whom the Commission has
instituted the proceeding.

SEC. 8. PREEMPTION OF STATE LAW.

(a) Preemption.--Section 2 and the regulations prescribed pursuant
to section 3 of this Act and section 222 of the Communications Act of
1934 (47 U.S.C. 222) and the regulations prescribed thereunder preempt
any--
(1) statute, regulation, or rule of any State or political
subdivision thereof that requires a telecommunications carrier
or provider of IP-enabled voice service to develop, implement,
or maintain procedures for protecting the confidentiality of
customer proprietary network information (as defined in section
222(i)(1) of the Communications Act of 1934 (47 U.S.C.
222(i)(1))) held by that telecommunications carrier or provider
of IP-enabled voice service, or that restricts or regulates a
carrier's or provider's ability to use, disclose, or permit
access to such information; and
(2) any such statute, regulation, or rule, or judicial
precedent of any State court under which liability is imposed
on a telecommunications carrier or provider of IP-enabled voice
service for failure to comply with any statute, regulation, or
rule described in paragraph (1) or with the requirements of
section 2 or the regulations prescribed pursuant to section 3
of this Act or with section 222 of the Communications Act of
1934 or the regulations prescribed thereunder.
(b) Limitation on Preemption.--This Act shall not be construed to
preempt the applicability of--
(1) State laws that are not specific to the matters
described in subsection (a), including State contract or tort
law; or
(2) other State laws to the extent those laws relate to
acts of fraud or computer crime.

SEC. 9. CONSUMER OUTREACH AND EDUCATION.

(a) In General.--Within 180 days after the date of enactment of
this Act, the Federal Trade Commission and Federal Communications
Commission shall jointly establish and implement a media and
distribution campaign to teach the public about the protection afforded
customer proprietary network information under this Act, the Federal
Trade Commission Act and the Communications Act of 1934.
(b) Campaign Requirements.--The campaign shall--
(1) promote understanding of--
(A) the problem concerning the theft and misuse of
customer proprietary network information;
(B) available methods for consumers to protect
their customer proprietary network information; and
(C) efforts undertaken by the Federal Trade
Commission and the Federal Communications Commission to
prevent the problem; and
(2) explore various distribution platforms to accomplish
the goal set forth in paragraph (1).D23/
Calendar No. 425

109th CONGRESS

2d Session

S. 2389

[Report No. 109-253]

_______________________________________________________________________

A BILL

To amend the Communications Act of 1934 to prohibit the unlawful
acquisition and use of confidential customer proprietary network
information, and for other purposes.

_______________________________________________________________________

May 9, 2006

Reported with an amendment