In Brief

Legislation Snapshot

A look at new and pending antipretexting laws

By Sarah D. Scalet

January 01, 2007 — CSO —

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

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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

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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

pretexting

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