Network Computing is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Senate Passage Of Phone Records Privacy Bill Likely: Page 2 of 3

In the HP case, California demonstrated states' abilities to prosecute such cases using laws that prohibit impersonation, fraud, unauthorized computer access, and unfair business practices. However, Sensenbrenner, a Wisconsin Republican, said that many "unscrupulous" companies were operating in a gray legal area by obtaining and selling the information on behalf of anyone willing to pay their fees. He introduced a bill that clearly lays out the reasons for its passage.

"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, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations," the bill states.

Congress held several hearings on the issue before passing H.R. 4709, which would make it a felony to use pretexting and other means of buying, selling, and obtaining private phone records without a customer's permission.

During the hearings, Congress found that telephone employees were selling data to unauthorized data brokers, data brokers were pretending to be customers in order to obtain the information from phone companies, and people were gaining access to data from the Internet by improperly accessing customer accounts or through data brokers who traffic the records.

The bill allows for fines and imprisonment of up to 10 years for those who use fraud, deceit, or computer access in a successful or an unsuccessful attempt to obtain, transfer, or disclose phone records without prior customer authorization. The bill, which applies to phone and IP-enabled communications, contains additional penalties for aggravated cases. That covers those engaged in numerous violations, as well as those who use the information to commit other crimes such as stalking, witness intimidation, or crimes against law enforcement.