Statements on Introduced Bills and Joint Resolutions

Date: Jan. 18, 2006
Location: Washington, DC


STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DURBIN:

S. 2177. A bill to make the sale or fraudulent transfer of telephone records a criminal offense; to the Committee on the Judiciary.

Mr. DURBIN. Mr. President, today, I am introducing The Phone Records Protection Act of 2006. This important legislation would prohibit the sale or fraudulent transfer or use of telephone records and provide tough criminal penalties for violating phone users' privacy.

The Chicago Sun Times and other news sources have recently reported that online brokers are illegally obtaining cell phone records and selling them without customers' knowledge. Telephone companies receive many legitimate requests from consumers and law enforcement officials for access to personal records and the requests are handled expeditiously. However, online brokers have taken advantage of the system and begun selling cell phone records to anyone who requests them.

Although current law addresses fraud and identity theft using the Internet, the law does not specifically prohibit the sale of personal information obtained illegally or without the consent of cell phone customers. Consumer and privacy groups have expressed concerns about the access and availability of personal information. Regardless of how a bad actor obtains the telephone records of innocent and unsuspecting customers, the sale of such information should be prohibited.

The Phone Records Protection Act of 2006 would deter online brokers by prohibiting the sale or fraudulent transfer or use of telephone records. The sale of this information is a violation of individual privacy and also creates the possibility of identity theft. Moreover, the sale of telephone records of law enforcement personnel and public officials could endanger public safety, as criminals and terrorists would be eager to have such information.

I encourage my colleagues to support this important legislative effort and cosponsor this legislation.

I ask unanimous consent that the text of the bill be printed in the RECORD.

There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:

S. 2177

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