The purpose of H.R. 4709, the ``Law Enforcement and Phone
Privacy Protection Act of 2006'' is to provide explicit
protection for the privacy of confidential telephone records,
including call logs, and to establish specific criminal
penalties for the fraudulent acquisition or disclosure of such
records without the consent of the consumer.
The bill targets ``pretexting'' and other fraudulent
tactics by unscrupulous businesses that operate in a gray area
of the law. It prohibits unauthorized access or trafficking in
confidential phone records. The bill also provides enhanced
criminal penalties for anyone who engages in large-scale
operations to violate its provisions or who discloses or uses
such fraudulently obtained records in furtherance of crimes of
violence, including domestic violence and stalking, or to kill,
injure, or intimidate a witness, juror, confidential informant,
or law enforcement officer.
Recent investigations by law enforcement authorities,
including the Chicago Police Department and the Federal Bureau
of Investigation (FBI), and numerous media reports have
documented the ease with which any party, without proper
authorization, may obtain the confidential calling records of
consumers.\1\ Services that operate under a variety of names
have advertised the ability to retrieve the recent calling
history of any telephone number, often within a matter of
hours, to anyone willing to pay a fee of approximately $100.\2\
Many of these companies have operated on the Internet, but some
experts believe there may be thousands of other companies and
investigators who provide this service that have not been
subject to public and media scrutiny.\3\ These companies
typically do not inquire about the customers' reason for
seeking confidential calling records. In addition, these
enterprises often only request readily available public
information such as the name and telephone number of the person
whose records their customer wishes to obtain.
Once in possession of these private consumer calling
records, these services, which some have dubbed ``data
bandits,'' \8\ deliver them, often by e-mail or fax to their
customer with no concern for how the information will be
used.\9\ By scrutinizing the records of whom one chooses to
call and for how long one converses, criminals and unscrupulous
individuals can obtain a great deal of useful and potentially
sensitive personal information. A careful examination of these
records can reveal much about a person's business and personal
relationships, including details that may involve their
medical, financial, professional, or family life. In some
instances, calling records may even be used to identify the
physical location of the caller. This raises particular
concerns for undercover law enforcement officers, and victims
of stalking and domestic violence.
H.R. 4709 would establish a new federal crime for
fraudulently obtaining, purchasing, or selling confidential
phone records. The bill also would specify enhanced penalties
for using such records to commit a crime. Because the bill
would establish a new offense, the government would be able to
pursue cases that it otherwise would not be able to prosecute.
We expect that H.R. 4709 would apply to a relatively small
number of offenders, however, so any increase in costs for law
enforcement, court proceedings, or prison operations would not
be significant. Any such costs would be subject to the
availability of appropriated funds. Only with proof of Warrant issued within 21 days of first passing comment either in known underground or and unknown underground.
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