In Brief

Legislation Snapshot

By Sarah D. Scalet

January 01, 2007CSO

Legislation Snapshot

A look at new and pending antipretexting laws

Is pretexting to obtain telephone records illegal? In California, Attorney General Bill Lockyer thinks

so. He has filed felony charges against five individuals involved with the Hewlett-Packard investigation

who allegedly obtained private telephone records under false pretenses. The complaint, filed in

October, charges each of the defendants with four felony counts, including fraudulent wire

communications, the wrongful use of computer data and identify theft.

Nevertheless, many legislators—including state senators in California—see the need

for more clarity when it comes to who can access telephone records, and when. The following is a

sampling of new and proposed antipretexting legislation.


LAWSTATUSWHAT IT WOULD DO

strong>

California S.B. 202,

Amendment to the penal code related to privacy

Signed by governor on

Sept. 29, 2006

Makes it a crime to

purchase or sell, or conspire to purchase or sell, phone records without the subscribers written

consent.

Illinois S.B. 2554,

Amendment to the Identity Theft Law of 1961

Took effect July 5, 2006

td>

Prohibits the use of

personal information to gain access to any record of actions, communications, or other activities or

transactions of a person, without prior permission from that person.

New York S. 6723,

Consumer Communication Records Privacy Act

Took effect Sept. 26,

2006

Prohibits the procurement,

sale or use of telephone record information without the authorization of the consumer. Exceptions:

cases where other parties have a legitimate interest in such information, such as law enforcement

agencies prosecuting crimes.

U.S. H.R. 4709, Telephone

Records and Privacy Protection Act of 2006

Passed House on April 25,

2006. Passed Senate on Dec. 8, 2006. Bill was awaiting President Bushs signature at press time.

Establishes criminal

penalties for obtaining, or attempting to obtain, confidential phone records under false pretenses, or

accessing customer accounts via the Internet without prior customer authorization. H.R. 4709 was one

of several competing bills introduced in Congress in early 2006. Unlike other bills, H.R. 4709 includes a

controversial exemption for law enforcement agencies. It also does not describe steps phone

companies should take to protect customer records.

Other stories by Sarah D. Scalet

RESOURCE CENTER
Loading...
VIRTUAL CONFERENCE
Data Center Directions Virtual Conference

Data Center VCAttend this free, 100% online event exploring tools and techniques for making your data center deliver for today and tomorrow.

» Learn more and register here

WEBCAST
The Surest Path to Effective and Efficient Compliance

VeriSignIn this webcast, we explore why and how — with best practices, practical tips and solutions that work — to ease your compliance challenge.

» View the webcast

Featured Sponsors
Sponsored Links

Solving Online Credit Fraud Using Device Reputation

Learn how the new Quad-Core AMD Opteron™ processor improves performance

Configuration Audit and Control for Virtualized Environments

The PCI Data Security Standard

Configuration Audit and Control for Virtualized Environments

IDC Defines an Identity and Access Management Submarket

Welcome to the age of Service-Oriented Security (SOS)

Forrester Total Economic Impact (TEI) report: Save Millions in Fraud Losses.

Diebold: Frost & Sullivan Global Physical Security Systems Integrator of the Year

Revolutionizing Endpoint Security with a Single Agent

Envision Identity-Based Access Control for the Datacenter

IT Service Management: Metrics That Matter

E-LOAN Maintains Reputation as a Privacy Leader with Symantec

Data Loss Prevention: Keeping Sensitive Data Out of the Wrong Hands

Prudential Financial Protects its Brand with Symantec

Envision Identity-Based Access Control for the Datacenter

IDC Defines an Identity and Access Management Submarket for Managing Privileged User Accounts and Meeting GRC Requirements

The Case for Business Software Assurance ~ Securing Your Applications

Think your data is safe? Think again. It's time to Outthink the Threat. Get eBook now

Prepare for (ISC)2® Certification With Villanova - Online

ITCi White Paper: Challenges and Opportunities of PCI

Effective Security with a Continuous Approach to ISO 27001 Compliance

Rolling the dice with your security? Take the Self-Assessment Test now

Digital Identity Protection and Data Security Get Personal

Everything Today's CISO Needs to Know About Using SSO to Succeed in the Web 2.0 Era

Take our CSO role survey and receive a copy of the results

Ponemon Study: How Much Does a Data Breach "Cost"?

Data Protection: Challenges for the Traveling User

Key strategies for C-level executives and security staff

Configuration Assessment: Choosing the Right Solution

7 Requirements of Data Loss Prevention

Information Security: Data Drains and How to Prevent Loss

How Are Open Source Development Communities Embracing Security Best Practices?

Using Likewise to Comply with PCI Data Security Standard

Enabling Compliance with Converged Mainframe Security and Storage