text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Telephone Call Privacy Act of 
  1999''.
  
  SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF 
                CUSTOMER PROPRIETARY NETWORK INFORMATION.
  
      (a) Modification of Requirements.--
              (1) In general.--Paragraph (1) of section 222(c) of the 
          Communications Act of 1934 (47 U.S.C. 222(c)) is amended to 
          read as follows:
              ``(1) Privacy requirements for telecommunications 
          carriers.--
                      ``(A) In general.--Except as provided in 
                  subparagraph (B) or as required by law, a 
                  telecommunications carrier that receives or obtains 
                  customer proprietary network information by virtue of 
                  its provision of a telecommunications service may use, 
                  disclose, or permit access to customer proprietary 
                  network information that identifies a customer as 
                  follows:
                              ``(i) In the provision of--
                                      ``(I) the telecommunications 
                                  service from which such information is 
                                  derived; and
                                      ``(II) services necessary to, or 
                                  used in, the provision of such 
                                  telecommunications service, including 
                                  the publishing of directories.
                              ``(ii) In the case of the use of such 
                          information by the telecommunications carrier 
                          for the provision of another of its products or 
                          services to the customer, only if the 
                          telecommunications carrier--
                                      ``(I) provides the customer a clear 
                                  and conspicuous notice meeting the 
                                  requirements set forth in subparagraph 
                                  (C);
                                      ``(II) permits the customer to 
                                  review such information for accuracy, 
                                  and to correct and supplement such 
                                  information; and
                                      ``(III) does not receive from the 
                                  customer within 15 days after the date 
                                  of the notice under subclause (I) 
                                  notice disapproving the use of such 
                                  information for the provision of such 
                                  product or service to the customer as 
                                  specified in the notice under such 
                                  subclause.
                              ``(iii) In the case of the use, disclosure, 
                          or access of or to such information by another 
                          party, only if the telecommunications carrier 
                          that originally receives or obtains such 
                          information--
                                      ``(I) meets the requirements set 
                                  forth in subclauses (I) and (II) of 
                                  clause (ii) with respect to such 
                                  information; and
                                      ``(II) receives from the customer 
                                  written notice approving the use, 
                                  disclosure, or access of or to such 
                                  information for the provision of the 
                                  product or service to the customer as 
                                  specified in the notice under subclause 
                                  (I) of this clause.
                      ``(B) Customer disapproval.--Notwithstanding the 
                  previous approval of the use, disclosure, or access of 
                  or to information for a purpose under clause (ii) or 
                  (iii) of subparagraph (A), upon receipt from a customer 
                  of written notice of the customer's disapproval of the 
                  use, disclosure, or access of or to information for 
                  such purpose, a telecommunications carrier shall 
                  terminate the use, disclosure, or access of or to such 
                  information for such purpose.
                      ``(C) Notice elements.--Each notice under clause 
                  (ii) or (iii) of subparagraph (A) shall include the 
                  following:
                              ``(i) The types information that may be 
                          used, disclosed, or accessed.
                              ``(ii) The specific types of businesses or 
                          individuals that may use or access the 
                          information or to which the information may be 
                          disclosed.
                              ``(iii) The specific product or service for 
                          which the information may be used, disclosed, 
                          or accessed.''.
              (2) Conforming amendments.--Paragraph (3) of such section 
          is amended by striking ``paragraph (1)'' both places it appears 
          and inserting ``paragraph (1)(A)(i)''.
      (b) Judicial and Law Enforcement Purposes.--Such section is further 
  amended by adding at the end the following:
              ``(4) Judicial and law enforcement purposes.--
                      ``(A) In general.--A person that receives or 
                  obtains consumer proprietary network information may 
                  disclose such information--
                              ``(i) pursuant to the standards and 
                          procedures established in the Federal Rules of 
                          Civil Procedure or comparable rules of other 
                          courts or administrative agencies, in 
                          connection with litigation or proceedings to 
                          which an individual who is the subject of the 
                          information is a party and in which the 
                          individual has placed the use, disclosure, or 
                          access to such information at issue;
                              ``(ii) to a court, and to others ordered by 
                          the court, if in response to a court order 
                          issued in accordance with subparagraph (B); or
                              ``(iii) to an investigative or law 
                          enforcement officer pursuant to a warrant 
                          issued under the Federal Rules of Criminal 
                          Procedure, an equivalent State warrant, or a 
                          grand jury subpoena, or a court order issued in 
                          accordance with subparagraph (B).
                      ``(B) Requirements for court orders.--
                              ``(i) In general.--Except as provided in 
                          clause (ii), a court order for the disclosure 
                          of customer proprietary network information 
                          under subparagraph (A) may be issued by a court 
                          of competent jurisdiction only upon written 
                          application, upon oath or equivalent 
                          affirmation, by an investigative or law 
                          enforcement officer demonstrating that there is 
                          probable cause to believe that--
                                      ``(I) the information sought is 
                                  relevant and material to an ongoing 
                                  criminal investigation; and
                                      ``(II) the law enforcement need for 
                                  the information outweighs the privacy 
                                  interest of the individual to whom the 
                                  information pertains.
                              ``(ii) Certain orders.--A court order may 
                          not be issued under this paragraph upon 
                          application of an officer of a State or local 
                          government if prohibited by the law of the 
                          State concerned.''.
      (c) Effective Date.--The amendments made by this section shall take 
  effect 180 days after the date of the enactment of this Act.
target: Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation; and (2) the law enforcement need for such information outweighs the privacy interest of the individual involved.
feat_title: Telephone Call Privacy Act of 1999