text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Protecting 
  Consumer Phone Records Act''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. Unauthorized acquisition, use, or sale of confidential customer 
                              proprietary network telephone information.
  Sec. 3. Enhanced confidentiality procedures.
  Sec. 4. Penalties; extension of confidentiality requirements to other 
                              entities.
  Sec. 5. Enforcement by Federal Trade Commission.
  Sec. 6. Concurrent enforcement by Federal Communications Commission.
  Sec. 7. Enforcement by States.
  Sec. 8. Preemption of State law.
  Sec. 9. Consumer outreach and education.
  
  SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER 
                PROPRIETARY NETWORK TELEPHONE INFORMATION.
  
      (a) In General.--It is unlawful for any person--
              (1) to acquire or use the customer proprietary network 
          information of another person without that person's affirmative 
          written consent, which shall include electronic consent that 
          meets the requirements of the Electronic Signatures in Global 
          and National Commerce Act (15 U.S.C. 7001 et seq.);
              (2) to misrepresent that another person has consented to 
          the acquisition or use of such other person's customer 
          proprietary network information in order to acquire such 
          information;
              (3) to obtain unauthorized access to the data processing 
          system or records of a telecommunications carrier or an IP-
          enabled voice service provider in order to acquire the customer 
          proprietary network information of 1 or more other persons;
              (4) to sell, or offer for sale, customer proprietary 
          network information; or
              (5) to request that another person obtain customer 
          proprietary network information from a telecommunications 
          carrier or IP-enabled voice service provider, knowing that the 
          other person will obtain the information from such carrier or 
          provider in any manner that is unlawful under this subsection.
      (b) Exceptions.--
              (1) Application with section 222 of communications act of 
          1934.--Subsection (a) does not prohibit a telecommunications 
          carrier or an IP-enabled voice service provider or any third 
          party that lawfully obtains customer proprietary network 
          information from a carrier or provider from engaging in any act 
          or practice that was not prohibited by section 222 of the 
          Communications Act of 1934 (47 U.S.C. 222) or regulations that 
          are consistent with the provisions of section 222, as that 
          section and those regulations were in effect on the day before 
          the date of enactment of this Act.
              (2) Application of other laws.--This Act does not prohibit 
          any act or practice otherwise authorized by law, including any 
          lawfully authorized investigative, protective, or intelligence 
          activity of a law enforcement agency or the United States, a 
          State, or a political subdivision of a State, or an 
          intelligence agency of the United States.
              (3) Treatment of ip-enabled voice service providers.--
          Notwithstanding any other provision of this section, an IP-
          enabled voice service provider may engage in any act or 
          practice with respect to customer proprietary network 
          information in which a telecommunications carrier may engage 
          under paragraph (1) of this subsection.
              (4) Caller id.--Nothing in this Act prohibits the use of 
          caller identification services by any person to identify the 
          originator of telephone calls received by that person.
      (c) Private Right of Action for Providers.--
              (1) In general.--A telecommunications carrier or IP-enabled 
          voice service provider may bring a civil action in an 
          appropriate State court, or in any United States district court 
          that meets applicable requirements relating to venue under 
          section 1391 of title 28, United States Code, or for any 
          judicial district in which the carrier or service provider 
          resides or conducts business--
                      (A) based on a violation of this section or the 
                  regulations prescribed under this section to enjoin 
                  such violation;
                      (B) to recover for actual monetary loss from such a 
                  violation, or to receive $11,000 in damages for each 
                  such violation, whichever is greater; or
                      (C) both.
              (2) Treble damages.--If the court finds that the defendant 
          willfully or knowingly violated this section or the regulations 
          prescribed under this section, the court may, in its 
          discretion, increase the amount of the award to an amount equal 
          to not more than 3 times the amount available under paragraph 
          (1) of this subsection.
              (3) Inflation adjustment.--The $11,000 amount in paragraph 
          (1)(B) shall be adjusted for inflation as if it were a civil 
          monetary penalty, as defined in section 3(2) of the Federal 
          Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 
          2461 note).
      (d) Private Right of Action for Consumers.--
              (1) In general.--An individual who has been injured as a 
          direct result of his or her confidential proprietary network 
          information being obtained, used, or sold in violation of this 
          section may file a civil action in any court of competent 
          jurisdiction against the person who caused the injury by 
          violating this section.
              (2) Remedies.--A court in which such civil action has been 
          brought may award damages of not more than $11,000 for each 
          violation of this section with respect to the plaintiff's 
          customer proprietary network information.
              (3) Treble damages.--If the court finds that the defendant 
          willfully or knowingly violated this section or the regulations 
          prescribed under this section, the court may, in its 
          discretion, increase the amount of the award to not more than 3 
          times the damages determined by the court under paragraph (2).
              (4) Inflation adjustment.--The $11,000 amount in paragraph 
          (2) shall be adjusted for inflation as if it were a civil 
          monetary penalty, as defined in section 3(2) of the Federal 
          Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 
          2461 note).
      (e) Civil Penalty.--
              (1) In general.--Any person who violates this section shall 
          be subject to a civil penalty of not more than $11,000 for each 
          violation or each day of a continuing violation, except that 
          the amount assessed for any continuing violation shall not 
          exceed a total of $11,000,000 for any single act or failure to 
          act.
              (2) Separate violations.--A violation of this section with 
          respect to the customer proprietary network information of 1 
          person shall be treated as a separate violation from a 
          violation with respect to the customer proprietary network 
          information of any other person.
      (f) Limitation.--Nothing in this Act or section 222 of the 
  Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to 
  bring a civil action against a telecommunications carrier or an IP-
  enabled voice service provider.
      (g) Definitions.--In this section:
              (1) Customer proprietary network information.--The term 
          ``customer proprietary network information'' has the meaning 
          given that term by--
                      (A) section 222(i)(1) of the Communications Act of 
                  1934 (47 U.S.C. 222(i)(1)) with respect to 
                  telecommunications carriers; and
                      (B) section 715(b)(1) of such Act with respect to 
                  IP-enabled voice service providers.
              (2) IP-enabled voice service.--The term ``IP-enabled voice 
          service'' means the provision of real-time 2-way voice 
          communications offered to the public, or such classes of users 
          as to be effectively available to the public, transmitted 
          through customer premises equipment using TCP/IP protocol, or a 
          successor protocol, for a fee (whether part of a bundle of 
          services or separately) with interconnection capability such 
          that the service can originate traffic to, or terminate traffic 
          from, the public switched telephone network.
              (3) Telecommunications carrier.--The term 
          ``telecommunications carrier'' has the meaning given it by 
          section 3(44) of the Communications Act of 1934 (47 U.S.C. 
          3(44)).
  
  SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.
  
      (a) In General.--Within 180 days after the date of enactment of 
  this Act, the Federal Communications Commission shall--
              (1) revise or supplement its regulations, to the extent the 
          Commission determines it is necessary, to require a 
          telecommunications carrier or IP-enabled voice service provider 
          to protect--
                      (A) the security and confidentiality of customer 
                  proprietary network information (as defined in section 
                  222(i)(1) of the Communications Act of 1934 (47 U.S.C. 
                  222(i)(1)) or as defined in section 715(b)(1) of such 
                  Act with respect to IP-enabled voice service 
                  providers);
                      (B) customer proprietary network information 
                  against any anticipated threats or hazards to its 
                  security or confidentiality; and
                      (C) customer proprietary network information from 
                  unauthorized access or use that could result in 
                  substantial harm or inconvenience to its customers; and
              (2) ensure that any revised or supplemental regulations are 
          similar in scope and structure to the Federal Trade 
          Commission's regulations in part 314 of title 16, Code of 
          Federal Regulations, as such regulations are in effect on the 
          date of enactment of this Act, taking into consideration the 
          differences between financial information and customer 
          proprietary network information.
      (b) Compliance Certification.--Each telecommunications carrier and 
  IP-enabled voice service provider to which the regulations under 
  subsection (a) and section 222 or 715 of the Communications Act of 1934 
  apply shall file with the Commission annually a certification that, for 
  the period covered by the filing, it has been in compliance with those 
  requirements.
  
  SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER 
                ENTITIES.
  
      (a) Penalties.--Title V of the Communications Act of 1934 (47 
  U.S.C. 501 et seq.) is amended by inserting after section 508 the 
  following:
  
  ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK 
                INFORMATION VIOLATIONS.
  
      ``(a) Civil Forfeiture.--
              ``(1) In general.--Any person determined by the Commission, 
          in accordance with paragraphs (3) and (4) of section 503(b), to 
          have violated section 2 of the Protecting Consumer Phone 
          Records Act shall be liable to the United States for a 
          forfeiture penalty. A forfeiture penalty under this subsection 
          shall be in addition to any other penalty provided for by this 
          Act. The amount of the forfeiture penalty determined under this 
          subsection shall not exceed $30,000 for each violation, or 3 
          times that amount for each day of a continuing violation, 
          except that the amount assessed for any continuing violation 
          shall not exceed a total of $3,000,000 for any single act or 
          failure to act.
              ``(2) Recovery.--Any forfeiture penalty determined under 
          paragraph (1) shall be recoverable pursuant to section 504(a) 
          of this Act.
              ``(3) Procedure.--No forfeiture liability shall be 
          determined under paragraph (1) against any person unless such 
          person receives the notice required by section 503(b)(3) or 
          section 503(b)(4) of this Act.
              ``(4) 2-year statute of limitations.--No forfeiture penalty 
          shall be determined or imposed against any person under 
          paragraph (1) if the violation charged occurred more than 2 
          years prior to the date of issuance of the required notice or 
          notice or apparent liability.''.
      (b) Extension of Confidentiality Requirements to IP-Enabled Voice 
  Service Providers.--
              (1) In general.--Title VII of the Communications Act of 
          1934 (47 U.S.C. 601 et seq.) is amended by adding at the end 
          thereof the following:
  
  ``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY 
                IP-ENABLED VOICE SERVICE PROVIDERS.
  
      ``(a) In General.--
              ``(1) General duty of confidentiality.--An IP-enabled voice 
          service provider has a duty to protect the confidentiality of 
          proprietary information of, and relating to, other IP-enabled 
          voice service providers, telecommunications carriers, equipment 
          manufacturers, and customers, including telecommunications 
          carriers reselling telecommunications services provided by 
          another telecommunications carrier or an IP-enabled voice 
          service provider.
              ``(2) Carrier information.--An IP-enabled voice service 
          provider that receives or obtains proprietary information from 
          a telecommunications carrier or another IP-enabled voice 
          service provider for purposes of providing any 
          telecommunications service shall use such information only for 
          such purpose, and shall not use such information for its own 
          marketing efforts.
              ``(3) Customer proprietary network information.--Within 90 
          days after the date of enactment of the Protecting Consumer 
          Phone Records Act, the Commission shall initiate a rulemaking 
          proceeding to apply the requirements of section 222, and 
          regulations thereunder, to IP-enabled voice service providers 
          to the same extent, in the same manner, and subject to the same 
          penalties for failure to comply with those requirements as are 
          applicable to telecommunications carriers.
      ``(b) Definitions.--In this section:
              ``(1) Customer proprietary network information.--The term 
          `customer proprietary network information' has the meaning 
          given that term by section 222(i) of this Act, except that--
                      ``(A) the reference in section 222(i)(1)(B) of this 
                  Act to telephone exchange service or telephone toll 
                  service shall be considered to refer also to IP-enabled 
                  voice service; and
                      ``(B) it does not include information that is 
                  related to non-voice service features bundled with IP-
                  enabled voice service.
              ``(2) IP-enabled voice service.--The term ``IP-enabled 
          voice service'' means the provision of real-time 2-way voice 
          communications offered to the public, or such classes of users 
          as to be effectively available to the public, transmitted 
          through customer premises equipment using IP protocol, or a 
          successor protocol, for a fee (whether part of a bundle of 
          services or separately) with interconnection capability such 
          that the service can originate traffic to, or terminate traffic 
          from, the public switched telephone network.
              ``(3) Other terms.--Except as provided in paragraph (1), 
          any term used in subsection (a) that is defined or used in 
          section 222 of this Act has the same meaning as when used in 
          that section.''.
              (2) Duty of telecommunications carriers with respect to 
          cpni from ip-enabled voice service providers.--Section 222(a) 
          of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended 
          by inserting after ``carrier.'' the following: ``A 
          telecommunications carrier has the same duties under this 
          section with respect to the confidentiality of proprietary 
          information of, or relating to, an IP-enabled voice service 
          provider, and with respect to customer proprietary network 
          information received or obtained from an IP-enabled voice 
          service provider, as it has under this section with respect to 
          another telecommunications carrier.''.
      (c) Telecommunications Carrier Notification Requirement.--Section 
  222 of the Communications Act of 1934 (47 U.S.C. 222), is amended--
              (1) by redesignating subsection (h) as subsection (i);
              (2) by inserting after subsection (g) the following new 
          subsection:
      ``(h) Notice of Violations.--
              ``(1) In general.--The Commission shall by regulation 
          require each telecommunications carrier to notify a customer 
          within 14 calendar days after the carrier or provider is 
          notified of, or becomes aware of, an incident in which customer 
          proprietary network information relating to such customer was 
          disclosed to someone other than the customer in violation of 
          this section or section 2 of the Protecting Consumer Phone 
          Records Act.
              ``(2) Law enforcement and homeland security related 
          delays.--Notwithstanding paragraph (1), a telecommunications 
          carrier may delay the required notification for a reasonable 
          period of time if--
                      ``(A) a Federal or State law enforcement agency 
                  determines that giving notice within the 14-day period 
                  would materially impede a civil or criminal 
                  investigation; or
                      ``(B) a Federal national security agency or the 
                  Department of Homeland Security determines that giv
target: Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information.
  
  Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act.
  
  Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information.
  
  Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information.
  
  Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements.
  
  Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law.
  
  Requires public education about the protection afforded such information.
feat_title: A bill to amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, and for other purposes.