06 LC 36
0098
House
Bill 1290
By:
Representatives Hill of the
180th,
Lewis of the
15th,
Lane of the
167th,
and Lane of the
158th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating
to telephone and telegraph service, so as to prohibit the intentional sale or
fraudulent transfer or use of the records of a customer of a telephone service
provider; to provide a short title; to provide for a fine, imprisonment of not
more than ten years, or both; to exempt law enforcement agencies; to provide
definitions; to provide a legislative purpose; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone
and telegraph service, is amended by adding a new Article 6 to read as
follows:
"ARTICLE
6
46-5-200.
This
article shall be known and may be cited as the 'Consumer Telephone Records
Protection Act.'
46-5-201.
The
General Assembly finds that:
(1)
Telephone records can be of great use to criminals because the information
contained in call logs listed in such records include a wealth of personal
data;
(2)
Many call logs reveal the name of telephone
userś
doctors, public and private relationships, business associates, and
more;
(3)
Although other personal information such as social security numbers may appear
on public documents, which can be accessed by data brokers, the only warehouse
of telephone records is located at the telephone companies
themselves;
(4)
Telephone records are sometimes accessed without authorization of the customer
by:
(A)
An employee of the telephone service provider selling the data; and
(B)
'Pretexting,' whereby a data broker or other person pretends to be the owner of
the telephone and convinces the telephone
companýs
employees to release the data to such person; and
(5)
Telephone companies encourage customers to manage their accounts online with
many setting up the online capability in advance, although many customers never
access their account online. If someone seeking the information activates the
account before the customer, he or she can gain unfettered access to the
telephone records and call logs of that customer.
46-5-202.
As
used in this article, the term:
(1)
'Confidential records of a customer' means any data or information associated
with an individual contained in a data base, networked or integrated data bases,
or other data system of a telephone service provider. Said data or information
associated with an individual includes any information that:
(A)
Relates to the quantity, technical configuration, type, destination, location,
and amount of use of a service offered by a telephone service provider
subscribed to by any customer of that telephone service provider;
(B)
Is made available to a telephone service provider by a customer solely by virtue
of the relationship between the telephone service provider and the customer;
or
(C)
Is contained in any bill received by any customer related to the product or
service offered by the telephone service provider and received by any customer
of the telephone service provider.
'Confidential
records of a customer' does not include subscriber list
information.
(2)
'Customer' means any person to whom the telephone service provider provides a
product or service.
(3)
'IP enabled voice service' means the provision of real-time two-way voice
communications offered to the public, or such class of users as to be
effectively available to the public, transmitted through customer premises
equipment using TCP/IP protocol, or a successor protocol, for a fee, whether
part of a bundle of services or separately, with two-way interconnection
capability such that the service can originate traffic to, and terminate traffic
from, a public switched telephone network.
(4)
'Subscriber' means a person who has subscribed to telephone service from a
telephone service provider or other persons living or residing with such
person.
(5)
'Subscriber list information' means any information:
(A)
Identifying the listed names of subscribers of a telephone service provider and
such
subscriberś
telephone numbers, addresses, or primary advertising classifications, as such
classifications are assigned at the time of the establishment of such service,
or any combination of such listed names, numbers, addresses, or classifications;
and
(B)
That the telephone service provider or an affiliate has published, caused to be
published, or accepted for publication in any directory format.
(6)
'Telephone service' means the services for the transmission of two-way
interactive communications to the public for hire and includes but is not
limited to any form of wireless telephone service, including:
(A)
Cellular telephone service;
(B)
Broadband personal communication service telephone service;
(C)
Covered specialized mobile radio service;
(D)
IP enabled voice service; and
(E)
Any successor to such service, including but not limited to so-called next
generation or third generation service.
(7)
'Telephone service provider' means any person, firm, partnership, corporation,
association, or municipal, county, or local governmental entity offering
telephone service to the public for hire.
46-5-203.
(a)
Whoever knowingly and intentionally obtains, sells, or fraudulently transfers or
fraudulently uses the confidential records of a customer of a telephone service
provider shall be fined not more than $250,000.00, imprisoned for not more than
ten years, or both.
(b)
The provisions of subsection (a) of this Code section shall not prevent any
action by a law enforcement agency or any officer, employee, or agent of such
agency to otherwise lawfully obtain the confidential records of a customer of a
telephone service provider in connection with the performance of the official
duties of the agency.
(c)
A telephone service provider or any employee thereof shall not be in violation
of subsection (a) of this Code section if such provider, upon request, transfers
or otherwise provides to a law enforcement agency or any officer, employee, or
agent of such agency the confidential records of a customer of such
provider."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
