Telephone Records and Privacy Protection Act of 2006 - Amends the
federal criminal code to prohibit the obtaining, in interstate or
foreign commerce, of confidential phone records information from a
telecommunications carrier or IP-enabled voice service provider
(covered entity) by: (1) making false or fraudulent statements to an
employee of a covered entity or to a customer of a covered entity; (2)
providing false or fraudulent documents to a covered entity; or (3)
accessing customer accounts of a covered entity through the Internet
or by fraudulent computer-related activities without prior
authorization. Imposes a fine and/or imprisonment of up to 10 years.
Prohibits the unauthorized sale or transfer, in interstate or
foreign commerce, of confidential phone records information by any
person or the purchase or receipt of such information with knowledge
that it was fraudulently obtained or obtained without prior
authorization. Imposes a fine and/or imprisonment of up to 10 years.
Exempts covered entities from such restrictions to the extent
authorized by the Communications Act of 1934 (e.g., for billing,
protection of property rights, or for emergency purposes).
Doubles fines and imposes an additional five-year prison term for
violations occurring in a 12-month period involving more than $100,000
or more than 50 customers of a covered entity. Imposes an additional
five-year prison term for violations involving the use of confidential
phone records information to commit crimes of violence, crimes of
domestic violence, and crimes against law enforcement officials and
the administration of justice.
Grants extraterritorial jurisdiction over crimes defined by this
Act.
Exempts lawfully authorized federal or state investigative,
protective, or intelligence activities from the prohibitions of this
Act.
Directs the U.S. Sentencing Commission to review and amend, if
appropriate, federal sentencing guidelines and policy statements for
crimes defined by this Act. In layman's terms: You cannot
misrepresent yourself (or lie) to either a provider of telephone
service, or to a customer of a telephone service. You get 10 years at
the hotel Fed if you are convicted of doing so. Accessing someone
elses phone records through the internet without the consumers prior
authorization will also get you 10 years. Selling or purchasing a
consumer's phone records is also a violation of the law.
The penalties for breaking this law are
substantial. Good thing the law is not retroactive or many skip
tracers would be facing life in prison. Most skip tracers have
completely abandoned using telephone toll records or phone breaks as a
means of skip tracing. Fortunately, there are still many other ways to
hunt a skip. Clearly your other utility companies: natural gas,
electric, and water are not covered by the Telephone Records and
Privacy Protection Act of 2006. |