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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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18th - |
Senator Hutchison Calls for Improved Bus Safety Standards
- WASHINGTON, D.C. – Senator Kay Bailey Hutchison (R-Texas), Ranking Member on the Senate Commerce, Science, and Transportation Committee, today called for improved safety of over-the-road buses and enhanced National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) regulations governing bus safety during a Senate Surface Transportation Subco...
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18th - |
Commerce Committee Announces Witnesses for DTV Transition Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the Full Committee hearing on Oversight of the DTV Transition: Countdown to February 2009, scheduled for Tuesday, September 23, 2008, at 2:30 p.m. The full witness list is below.
With February 17, 2009 less than five months away, the Committee will assess the Federal Communication...
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18th - |
Commerce Committee Announces Witnesses for U.S.-Korea Automobile Trade Imbalance Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for the upcoming Interstate Commerce, Trade, and Tourism Subcommittee hearing on The Imbalance in U.S.-Korea Automobile Trade, scheduled for September 24, 2008, at 10:00 a.m. A full witness list is below.
The hearing will examine the reasons for the imbalance in U.S.-Korea bilateral ...
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17th - |
Commerce Committee to Examine Consumer Privacy Issues Related to Broadband Service Providers
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee hearing on Broadband Providers and Consumer Privacy, scheduled for Thursday, September 25, 2008, at 10:00 a.m.
The Committee will examine broadband provider practices with respect to consumer privacy.
Broadband Providers and Consumer PrivacyFull CommitteeDate: Thursday, Septemb...
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16th - |
Senator Hutchison Commends Dept. of Commerce for Helping Nursing Homes with DTV Converter Box Program
- WASHINGTON, D.C. – Senator Kay Bailey Hutchison (R-Texas) today commended the U.S. Department of Commerce and Secretary Carlos M. Gutierrez for allowing residents with post office boxes and those living in nursing homes to participate in the digital television (DTV) converter box coupon program. Previously, only residents with physical addresses could participate. This meant that those who ...
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16th - |
Inouye Calls for Immediate Passage of S.1492, the Broadband Data Improvement Act
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s hearing on why broadband matters.
“In our hearing today we explore why broadband matters. Broadband matters because broadband communications have become the great economic engine of our time. Broadband deployment drives opportunities for business, education, ...
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16th - |
Commerce Committee Announces Witnesses for Bus Safety Hearing
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12th - |
Commerce Committee to Hear Testimony from Corporation for Public Broadcasting Nominees
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12th - |
Commerce Committee to Review Progress of DTV Transition with FCC, NTIA
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12th - |
Commerce Committee Announces Witnesses for Hearing on Consumer Benefits of Broadband
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11th - |
Commerce Committee Releases MARAD Bill Financial Disclosure Certification
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WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today filed its report on S. 2997, the Maritime Administration Act for Fiscal Year 2009. In accordance with Senate Rule XLIV, the Committee provides the attached financial disclosure certification.
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11th - |
Commerce Committee Cancels Hearing to Examine Marine Protected Areas
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10th - |
Senator Hutchison Cosponsors Calling Card Legislation to Help Consumers
- WASHINGTON, D.C. - Senator Kay Bailey Hutchison (R-Texas), Ranking Member on the Senate Commerce, Science, and Transportation Committee, today signed on as a cosponsor to legislation that would assist consumers with pre-paid calling cards and ensure that fees and terms are easier to understand. The bill, S. 2998, would require pre-paid calling card providers and distributors to disclose the numbe...
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9th - |
Commerce Committee to Hold Hearing on Consumer Benefits of Broadband
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8th - |
Commerce Committee to Examine Marine Protected Areas
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8th - |
Commerce Committee Announces Witnesses for Prepaid Calling Card Hearing
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