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-
- 102ND CONGRESS; 1ST SESSION
- IN THE SENATE OF THE UNITED STATES
- AS REPORTED IN THE SENATE
-
- S. 652
-
- 1991 S. 652
-
- SYNOPSIS:
- A BILL
- To protect the privacy of telephone users by amending section 3121 of
- title 18, United States Code.
-
- DATE OF INTRODUCTION: MARCH 13, 1991
-
- DATE OF VERSION: DECEMBER 1, 1991 -- VERSION: 3
-
- SPONSOR(S):
- Mr. KOHL introduced the following bill; which was read twice and referred
- to the Committee on Commerce, Science, and Transportation
-
-
- TEXT:
- MARCH 21 (legislative day, FEBRUARY 6), 1991
- Committee discharged; ordered referred to the Committee on the Judiciary
-
-
- NOVEMBER 26 (legislative day, NOVEMBER 23), 1991
- Reported by Mr. BIDEN, with an amendment
-
-
- Strike out all after the enactiang clause and insert the part printed in
- italic
- -------------------------------------
-
- A BILL
- To protect the privacy of telephone users by amending section 3121 of
- title 18, United States Code.
-
-
- * Be it enacted by the Senate and House of Representatives of the United*
- *States of America in Congress assembled, *
- **
- SECTION 1. SHORT TITLE.
- This Act may be cited as the " Telephone Privacy Act of 1991".
- SEC. 2. PURPOSE.
- The purpose of this Act is to protect the right to privacy of
- telephone users by enabling them to limit the dissemination of their
- telephone numbers to persons of their choosing.
- SEC. 3. AMENDMENTS TO TITLE 18 .
- Section 3121 of title 18, United States Code, is amended-
- (1) in subsection (b) by-
- (A) striking "or" after the semicolon at the end of paragraph
- (2);
- (B) striking paragraph (3);
- (C) adding after paragraph (2) the following:
- "(3) if the nongovernmental recipient of wire or electronic
- communication consents and its provider enables any originator to
- block receipt of any individually identifying information about the
- originator without charge, except that the provider is not required
- to enable an originator to block receipt of the individually
- identifying information on the emergency assistance telephone line
- of a State or municipal police or fire department, or on a 911
- emergency line; or
- "(4) on the emergency assistance telephone line of a State or
- municipal police or fire department, or on a 911 emergency line.";
- (2) by redesignating subsection (c) as subsection (d); and
- (3) by inserting after subsection (b) the following new
- subsection:
- "(c) CIVIL ACTION.-Any user of wire or electronic communication
- service aggrieved by a provider's failure to enable an originator to
- block receipt of the individually identifying information without charge
- under subsection (b)(3) may recover from the provider in accordance with
- section 2707 of this title.".
- * *
- *SECTION 1. SHORT TITLE. *
- * *
- * This Act may be cited as the " Telephone Privacy Act of 1991". *
- * *
- *SEC. 2. PURPOSES. *
- * *
- * The purposes of this Act are- *
- * *
- * (1) to protect the right to privacy of telephone users by enabling*
- * them to limit the dissemination of their telephone numbers to *
- * persons of their choosing; and *
- * *
- * (2) to encourage the use of new services such as call trace, call *
- * reject, and call return, which operate to discourage harassing and *
- * obscene telephone calls even though information identifying the *
- * caller may be blocked. *
- * *
- *SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE. *
- * *
- * (a) PROHIBITIONS.-Section 3121 of title 18, United States Code, is *
- *amended to read as follows: *
- * *
- *"3121. General prohibition on pen register and trap and trace device *
- *use; exceptions *
- * *
- * "(a) IN GENERAL.-Except as provided in this section, no person may *
- *install or use a pen register or a trap and trace device without first *
- *obtaining a court order under section 3123 of this title or under the *
- *Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). *
- * *
- * "(b) EXCEPTIONS.-(1)(A) The prohibition of subsection (a) does not *
- *apply with respect to the use of a pen register or a trap and trace *
- *device by a provider of electronic or wire communication service- *
- * *
- * "(i) relating to the operation, maintenance, and testing of a wire*
- * or electronic communication service or to the protection of the *
- * rights or property of such provider, or to the protection of users *
- * of that service from abuse of service or unlawful use of service; *
- * *
- * "(ii) to record the fact that a wire or electronic communication *
- * was initiated or completed in order to protect such provider, *
- * another provider furnishing service toward the completion of the *
- * wire communication, or a user of that service, from fraudulent, *
- * unlawful or abusive use of service; or *
- * *
- * "(iii) if the provider of the electronic or wire communication *
- * service permits the originator of a communication to a recipient to *
- * block caller identification- *
- * *
- * "(I) on a per call basis without charge; *
- * *
- * "(II) on a per line basis with or without charge, in a State *
- * in which it is authorized by statute or regulation prior to the *
- * date of enactment of this clause, and at the request of the *
- * originator; and *
- * *
- * "(III) on a per line basis without charge at the request of an*
- * originator that is a victim of domestic violence protected by *
- * court order, a victim's service program, or a battered women's *
- * shelter or other organization providing safe haven for victims *
- * of domestic violence. *
- * *
- * "(B) Subparagraph (A)(iii) shall not be construed to require a *
- *provider of electronic or wire communication service to enable an *
- *originator of a communication to block caller identification- *
- * "(i) on the emergency assistance telephone line of a State or *
- * municipal police or fire department or on a 911 emergency line; *
- * "(ii) on calls within a customer's system; or *
- * "(iii) to a recipient of a communication that uses call return *
- * service in connection with billing information associated with *
- * returned communications. *
- * "(2) Notwithstanding paragraph (1), the prohibition of subsection (a) *
- *applies with respect to the use of a pen register or a trap and trace *
- *device in connection with all communications to governmental entities *
- *except a communication on the emergency assistance telephone line of a *
- *State or municipal police or fire department or on a 911 emergency line.*
- * "(3) The prohibition of subsection (a) does not apply with respect to *
- *the use of information that is made available to a recipient through an *
- *automatic number identification service, to the extent that the use *
- *consists of- *
- * "(A) use for billing and collection, routing, screening, and *
- * completion of the originating telephone subscriber's call or *
- * transaction, or for services directly related to the originating *
- * telephone subscriber's call or transaction; *
- * "(B) reuse or sale after the recipient orally notifies the *
- * originator of the recipient's desire to reuse or sell the *
- * information and extends to the originator an option to limit or *
- * prohibit such reuse or sale; *
- * "(C) use for the purposes of- *
- * "(i) performing a service or transaction that is the subject *
- * of the communication; *
- * "(ii) ensuring the quality of network performance, the *
- * maintenance of security, or the effectiveness of call delivery; *
- * "(iii) compiling, using, or disclosing aggregate information; *
- * "(iv) complying with law or a court order; or *
- * "(v) offering to an originator of a communication with which *
- * the recipient has an established customer relationship a product*
- * or service that is directly related to products or services that*
- * the originator has previously purchased from the recipient of *
- * the communication; or *
- * "(D) use for any lawful purpose if there is available to the *
- * originator of the communication the ability to block caller *
- * indentification to the recipient- *
- * "(i) on a per call basis without charge; or *
- * "(ii) on a per line basis with or without charge in a State in*
- * which it is authorized by statute or regulation prior to the *
- * date of enactment of this clause and offered in combination with*
- * blocking on a per call basis without charge. *
- * "(c) CIVIL ACTION.-(1) An originator of a communication that is *
- *aggrieved by the knowing or intentional failure of a provider of *
- *communication service to allow blocking of caller identification as *
- *described in subsections (b)(1)(A)(iii), (b)(1)(B), and (b)(2) may *
- *recover from the provider in accordance with section 2707. *
- * "(2) An originator of a communication that is aggrieved by the knowing*
- *or intentional use of caller identification information by the recipient*
- *of the communication in violation of subsection (b)(3) may recover from *
- *the recipient in accordance with section 2707. *
- * "(d) PENALTY.-Whoever knowingly violates subsection (a) shall be fined*
- *under this title or imprisoned not more than one year, or both. *
- * "(e) PREEMPTION.-Notwithstanding any other provision of law, no State *
- *may prohibit, in any way other than in accordance with subsections (a) *
- *and (b), the making available by providers of electronic or wire *
- *communication services or the use by their customers of caller *
- *identification service. *
- * "(f) INTENT OF CONGRESS.-This section is intended neither to endorse *
- *nor to facilitate the use of blocking of caller identification by *
- *originators of obscene or harassing telephone calls, nor is it intended *
- *to limit the enforcement of laws prohibiting such telephone calls.". *
- * (b) DEFINITIONS.-Section 3127 of title 18, United States Code, is *
- *amended- *
- * (1) by striking "and" at the end of paragraph (5); *
- * (2) by striking the period at the end of paragraph (6) and *
- * inserting a semicolon; and *
- * (3) by adding at the end the following new paragraphs: *
- * "(7) the term 'automatic number identification service' means an *
- * access signaling protocol in common use by common carriers that uses*
- * an identifying signal associated with the use of a subscriber's *
- * telephone to provide billing information or other information to the*
- * local exchange carrier or any other interconnecting carriers. *
- * "(8) the term 'block' means to prevent or control, and the term *
- * 'blocking' means a service that allows the originator of a call to *
- * prevent or control, the transmission of information that identifies *
- * the originator to the recipient of the call; and *
- * "(9) the term 'caller identification' means the transmission of *
- * information that identifies the originator of a communication to the*
- * recipient of the communication.". *