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    Telephone Records and Privacy Protection Act

 

Bush Signs Legislation to Punish
Fraudulent Acquisition of Call Data


President Bush signed legislation Jan. 12 that provides criminal penalties for individuals who attempt to fraudulently obtain telephone records. The measure (H.R. 4709) targets a practice known as "pretexting," where someone calls a phone company impersonating a customer and attempts to secure personal phone records without the consumer's knowledge or permission. The House approved the bill in the spring with a vote of 409-0, and the Senate passed the measure late Dec. 8 by unanimous consent.

Under the legislation, violators can be imprisoned for up to 20 years, fined, or both.

The issue of pretexting received increased congressional attention in early 2006, following news reports that, for a fee, call records could be easily obtained through Web sites.

Last fall, a pretexting scandal involving Hewlett-Packard Co. helped to revive efforts to enact anti-pretexting legislation, after momentum slowed. HP has admitted that an outside consultant that was investigating press leaks from HP's board of directors hired a subcontractor who used pretexting to obtain the phone numbers of board members and nine reporters who had written stories about the company.

HP agreed to pay $14.5 million Dec. 7 to settle California state charges that it engaged in corporate spying and fraudulently acquired phone records. An investigator in the case pleaded guilty Jan. 12 to aggravated identity theft and conspiracy for allegedly posing as a reporter

 

FULL TEXT: Telephone Records and Privacy Protection Act of 2006 (pdf)

 

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