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For Immediate Release
03/30/06
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Commerce Committee Approves Protecting Consumer Phone Records Act
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WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today approved by voice vote S. 2389, the Protecting Consumer Phone Records Act, which prevents unscrupulous companies and individuals from fraudulently obtaining consumers' private phone records in a deceptive practice known as “pretexting.”
Commerce Committee Members adopted a substitute amendment to the original bill, which was introduced by Senator George Allen (R-Va.) and is co-sponsored by Commerce Committee Chairman Ted Stevens (R-Alaska), Co-Chairman Daniel Inouye (D-Hawaii), and Committee Members Conrad Burns (R-Mont.), David Vitter (R-La.), Byron Dorgan (D-N.D.), Bill Nelson (D-Fla.), Mark Pryor (D-Ark.), and Kay Bailey Hutchison (R-Texas).
The Protecting Consumer Phone Records Act, which covers wireless, wireline, and IP telephony services, makes it illegal to acquire, use or sell a person’s confidential phone records without that person’s affirmative written consent, which can be given electronically. Under the bill, a carrier must notify a customer if someone without authorization gains access to their phone records. It also specifically clarifies that the practice of fraudulent pretexting is illegal, and charges the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) with concurrent enforcement.
As approved by the Committee, S. 2389 directs the FCC to ensure that its phone record regulations are similar in scope and structure to FTC regulations protecting financial information under the Gramm-Leach-Bliley Act. It also streamlines the two-step FCC process for fining phone record theft by non-carriers, such as databrokers and websites selling the information. Currently, this process can tip-off parties that are not regulated by the FCC that they are under investigation because the FCC must issue a notice before it can move to an enforcement action. The penalty for each violation is $30,000 with a cap of $3 million for any continuing violation.
The legislation also extends the one-year statute of limitations for pursuing violations to two years; allows phone companies and individual subscribers to sue privacy thieves; establishes a national standard for phone record protection requirements; allows state officials to enforce the law; and requires phone companies to certify their compliance annually.
During the Committee’s mark-up, Members adopted three separate amendments to the bill. Chairman Stevens and Senator Burns offered an amendment, which was adopted by voice vote, that expands the state enforcement provision to allow enforcement by State Public Utility Commissions or other state agencies in states that have delegated enforcement of such matters to such officials. Senator Barbara Boxer's (D-Calif.) and Senator Burns’ amendment that allows consumers to decide whether their wireless numbers are listed in any future cell phone directories was also adopted by voice vote. Finally, by a vote of 11-10, the Committee approved Senator Pryor’s amendment that authorizes civil suits by individuals whose phone records have been unlawfully acquired, sold, or used.
The bill now moves to the full Senate for its consideration.
Click here for a copy of the bill as reported
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30th - |
current Press Release |
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29th - |
Chairman Stevens Applauds Administration for New CAFÉ Standards for Light Trucks
- WASHINGTON, D.C. – Senate Commerce Committee Chairman Ted Stevens (R-Alaska) today issued the following statement upon the Administration’s announcement of a new rulemaking establishing higher CAFÉ standards for model year 2008-2011 pickup trucks and sports utility vehicles (SUVs):
“The Administrations fuel economy rule for pickup trucks and SUVs is a positive step for...
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21st - |
Chairman Stevens Addresses CompTel Conference
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SAN DIEGO, Calif. – Senate Committee on Commerce, Science, and Transportation Chairman Ted Stevens (R-Alaska) yesterday addressed participants at CompTel’s 2006 Spring Convention being held in San Diego, Calif.
Chairman Stevens spoke generally on a broad range of telecom reform topics, including municipal networks, net neutrality, the Universal Service Fund, and decency.
...
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17th - |
Senate Passes U.S. SAFE WEB Act
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Washington, D.C. – The U.S. Senate last night passed S. 1608, the “Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2005” (U.S. SAFE WEB Act) by unanimous consent. S. 1608 would amend the Federal Trade Commission Act (FTCA) to improve the Federal Trade Commission (FTC)’s ability to provide more timely and effective international consum...
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16th - |
Senate Commerce Committee Reports the Coastal and Estuarine Land Protection Act
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Washington, D.C. – The Senate Committee on Commerce, Science, and Transportation today approved a Committee Substitute offered by Senators Sununu (R-N.H.) and Barbara Boxer (D-Calif.) to S. 1215, the Coastal and Estuarine Land Protection Act by voice vote. S. 1215 was introduced by Senator Judd Gregg (R-N.H.) on June 9, 2005 and has 23 cosponsors, including Commerce Committee Co-Chairman D...
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16th - |
Commerce Committee Approves Resolution Honoring Staffer Susan MacDonald
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today approved by voice vote a resolution honoring Susan H. MacDonald for her more than 30 years of service as the Committee’s hearing clerk. Ms. MacDonald will retire effective April 30, 2006.
The resolution, which was co-sponsored by all 22 Members of the Committee, recognized Ms. MacDonald for her &ldq...
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16th - |
Senate Commerce Committee Reports Several Nominees Out of Committee
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Washington, D.C. – Senate Commerce Committee Co-Chairmen Ted Stevens (R-Alaska) and Daniel Inouye (D-Hawaii) have announced that the Committee today reported out the following nominees by voice vote:
Vice Admiral Thad Allen to be Commandant of the U.S. Coast Guard, and to be Admiral
Thomas J. Barrett to be Administrator of the Pipeline and Hazardous Safety Administration
Robert C....
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15th - |
Chairman Stevens Receives DTV Leadership Award
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WASHINGTON, D.C. - Senate Commerce Committee Chairman Ted Stevens (R-Alaska) today was honored with the Best DTV Leadership Award from the Consumer Electronics Association as part of its sixth annual Academy of Digital Television Pioneer Awards.
Chairman Stevens, Senate Commerce Committee Co-Chairman Daniel Inouye (D-Hawaii), Congressman Joe Barton (R-Texas), and Congressman Fred Upton (R-Mic...
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14th - |
Commerce Committee Chairman Ted Stevens Recognized for Highway Safety Improvement Efforts
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Washington, D.C. – The American Association of Motor Vehicle Administrators (AAMVA) has honored Senator Ted Stevens (R-Alaska), Chairman of the Senate Commerce, Science and Transportation Committee for his commitment to improving highway safety.
Chairman Stevens supported language in last year’s federal highway bill (SAFETEA-LU) to help state Departments of Motor Vehicles (DMV...
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8th - |
Allen Introduces Legislation to Protect Americans' Phone Records
- WASHINGTON, DC – Senator George Allen (R-VA), Chairman of the Senate Commerce Subcommittee on Consumer Affairs, Product Safety and Insurance, today introduced bipartisan legislation to prevent unauthorized and intrusive third party access of American consumers’ phone records. Commerce Committee Chairman Ted Stevens (R-AK) and Ranking Member Daniel Inouye (D-HI) have signed on as co-spo...
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6th - |
Inouye Comments on AT&T’s Proposed Purchase of BellSouth
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“The proposed recombination of two of the remaining four Baby Bells will call into question our commitment to promote competition in the communications marketplace and...
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