{ "id": "RL33287", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33287", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 317531, "date": "2006-05-17", "retrieved": "2016-04-07T19:02:47.439029", "title": "Data Security: Protecting the Privacy of Phone Records", "summary": "The privacy of cellular telephone records has become a high-priority item on the congressional\nagenda. According to recent press accounts, numerous websites advertise the sale of personal\ntelephone records. In addition, recent media disclosures regarding an alleged National Security\nAgency (NSA) program designed to collect and analyze information on telephone calling patterns\nwithin the United States has raised interest in the means by which the government may collect phone\nrecords. For further information, see CRS Report RL33424 , Government Access to Phone\nCalling\nActivity and Related Records: Legal Authorities. \n Hearings have been held in both the House and Senate regarding the sale of phone records. \nSeveral bills have been introduced to address the breach of phone customers' privacy and to prevent\nthe fraudulent acquisition of telephone records ( H.R. 4657 , H.R. 4662 ,\n H.R. 4678 , H.R. 4709 , H.R. 4714 , H.R. 4943 ,\n S. 2177 , S. 2178 , and S. 2389 ). Generally, the bills follow one\nof two legislative approaches. The first approach prohibits the practice of pretexting to obtain\nconfidential customer information, expands the enforcement authority of the FTC, and requires the\nFCC to issue rules to implement information security programs (e.g., H.R. 4943, S.\n 2389). The second approach would create new criminal penalties for fraudulently\nobtaining and disclosing phone records (e.g., H.R. 4709, S. 2178).\n H.R. 4709 was reported by the House Judiciary Committee and passed by the\nHouse, 409-0, on April 25. The Senate Judiciary Committee reported S. 2178 , which\nis nearly identical to H.R. 4709. The House Energy and Commerce Committee reported\nH.R. 4943. The House was scheduled to consider H.R. 4943 on May 2, but\nthe bill was removed from the floor schedule because of jurisdictional concerns in the House\nIntelligence Committee. The Senate Commere, Science, and Transportation Committee reported S.\n 2389. Senate Majority Leader Frist has directed the Senate Commerce and Judiciary\nCommittees to work together on a bill. \n The FCC has granted a petition for a rulemaking to determine whether enhanced security and\nauthentication standards for access to customer telephone records are warranted. The FTC has filed\ncomplaints charging five Web-based businesses with violating the Federal Trade Commission Act. \nAt least five State Attorneys General have also sued data brokers to enjoin the acquisition and sale\nof customer records.\n This report discusses recent legislative and regulatory efforts to protect the privacy of customer\ntelephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by\ndata brokers. In addition, it provides a brief overview of the confidentiality protections for customer\ninformation established by the Communications Act of 1934. It does not discuss the legal\nframework for the disclosure by telephone companies of phone records to the government. For an\noverview of federal law governing wiretapping and electronic eavesdropping, see CRS Report 98-326(pdf) , Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic\nEavesdropping . This report will be updated when warranted.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33287", "sha1": "e2800a4d3228c87dbc41ae686c57f0a3419d1c9e", "filename": "files/20060517_RL33287_e2800a4d3228c87dbc41ae686c57f0a3419d1c9e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33287", "sha1": "890a9a6e81515dae82c89ab7df5c019372ad5972", "filename": "files/20060517_RL33287_890a9a6e81515dae82c89ab7df5c019372ad5972.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813622/", "id": "RL33287_2006Mar28", "date": "2006-03-28", "retrieved": "2016-03-19T13:57:26", "title": "Data Security: Protecting the Privacy of Phone Records", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060328_RL33287_e906170feea6164e22ff0a2054277df2fdaa5f41.pdf" }, { "format": "HTML", "filename": "files/20060328_RL33287_e906170feea6164e22ff0a2054277df2fdaa5f41.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs9026/", "id": "RL33287 2006-02-28", "date": "2006-02-28", "retrieved": "2006-07-03T15:20:22", "title": "Data Security: Protecting the Privacy of Phone Records", "summary": "This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060228_RL33287_f615c051a0eeafe1c02ab03b6877ae3b55b6e782.pdf" }, { "format": "HTML", "filename": "files/20060228_RL33287_f615c051a0eeafe1c02ab03b6877ae3b55b6e782.html" } ], "topics": [ { "source": "LIV", "id": "Telecommunication", "name": "Telecommunication" }, { "source": "LIV", "id": "Consumer protection", "name": "Consumer protection" }, { "source": "LIV", "id": "Right of privacy", "name": "Right of privacy" }, { "source": "LIV", "id": "Telephone", "name": "Telephone" }, { "source": "LIV", "id": "Civil liberties", "name": "Civil liberties" }, { "source": "LIV", "id": "Consumers", "name": "Consumers" } ] } ], "topics": [] }