S.2389 - Protecting Consumer Phone Records Act109th Congress (2005-2006)
Summary: S.2389 — 109th Congress (2005-2006)
Reported to Senate amended (05/09/2006)
Protecting Consumer Phone Records Act - Makes it unlawful for a person to: (1) acquire or use an individual's customer proprietary network information (CPNI) without written consent; (2) misrepresent that another person has consented to the acquisition of CPNI in order to obtain such information; (3) obtain unauthorized access to data processing systems or records in order to obtain such information; (4) sell, or offer to sell, CPNI; or (5) request that another person obtain CPNI from a telecommunications carrier or IP (Internet Protocol)-enabled voice service provider, knowing that the other person will obtain such information in an unlawful manner. Provides: (1) exceptions; and (2) civil and criminal penalties for violations, with a private right of action for providers and consumers.
Directs the Federal Communications Commission (FCC) to revise or supplement its regulations to require telecommunications carriers or IP-enabled voice service providers to protect the security and confidentiality of CPNI. Requires each such carrier or provider to notify customers of an incident in which CPNI relating to that customer was disclosed to someone other than the customer in violation of this Act (allowing a delay in such notification for law enforcement or homeland security purposes).
Prohibits a provider of commercial mobile services from including the wireless telephone number of any subscriber in any wireless directory assistance database, or publishing such a directory, unless such provider: (1) provides a clear notice to the subscriber of the right not to be listed; and (2) obtains express prior authorization from such subscriber for such listing. Requires cost-free delisting for subscribers. Prohibits the provider from charging a fee to the subscriber for the exercise of such privacy rights.
Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the FCC, and the states. Preempts contrary state law.
Directs the FTC and FCC to jointly establish and implement a media and distribution campaign to teach the public about the protection afforded CPNI under this Act, the Federal Trade Commission Act, and the Communications Act of 1934.