Second Phone Data Privacy Bill Approved

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WASHINGTON -- Targeting both telephone data brokers and telecoms, a House panel has approved legislation that bans the sale, lease or rental of confidential telephone records.

The bill also strengthens the ability of the Federal Trade Commission (FTC) to pursue the thriving online black-market sale of phone data.

It is now an express violation of the FTC Act for a person to use false pretenses to obtain or sell confidential phone data, a practice widely known as pretexting.

In addition, the legislation mandates that the Federal Communications Commission (FCC) write stricter regulations for telecoms to protect the confidential phone data of their customers. Violations of the rules could draw as high as a $300,000 fine.

"Living in the information age can be a boon to our prosperity and a bane to our privacy, but nothing says we have to take the bad along with the good," House Commerce Committee Chairman Joe Barton (R-Texas) said.

"Americans are rightfully concerned that identity thieves, stalkers and unscrupulous data brokers can access ... information they believed was kept private by their telephone company."

The House Commerce bill also extends the obligations of telephone carriers to protect phone data to Voice over IP (define) providers.

"Under the guise of deregulation, the [FCC] decided not to apply current telephone record privacy protections to VoIP services," Rep. John Dingell (D-Mich.) said. "This FCC-created loophole must be closed or else we will no doubt be back here soon with another bill."

Dingell, the senior Democrat on the committee, added, "Consumer private telephone calling information is no less sensitive if a person makes a call using VoIP than using a traditional telephone."

Last week, the House Judiciary Committee approved the Law Enforcement and Phone Privacy Act of 2006, criminalizing the fraudulent sale or solicitation of confidential phone records. The bill imposes prison terms up to 20 years for pretexting for telephone records.

The Judiciary bill also imposes jail terms for Web sites selling or transferring phone records with consumers' express consent. Individuals buying the records would also face jail time.

Barton said Wednesday the two bills are likely to be combined into one legislative package for a full House floor vote. Barton predicted the House would move quickly to approve the legislation.

This article was first published on InternetNews.com. To read the full article, click here.

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