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) |