The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Mark C. Montigny
Stephen R. Canessa
Robert M. Koczera
Joyce A. Spiliotis
J. James Marzilli, Jr.
Martin J. Walsh
John J. Binienda
Jennifer M. Callahan
Mary S. Rogeness
David Paul Linsky
Cory Atkins
Patricia A. Haddad
Mary E. Grant
Mark V. Falzone
Matthew C. Patrick
Barbara A. L'Italien
Geraldine Creedon
Thomas M. Stanley
Brian A. Joyce
Pamela P. Resor
James E. Timilty
David B. Sullivan
Patricia A. Walrath
Thomas P. Kennedy
Walter F. Timilty
Demetrius J. Atsalis
Anne M. Gobi
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In the Year Two Thousand and Seven.
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An Act to prohibit the fraudulent or unauthorized procurement, sale or receipt of customer phone records . |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 266 of the General Laws is hereby amended by adding after section 122F the following section:-
Section 122G.
(a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
“TELEPHONE RECORD” means information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier and includes information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier.
“PROCURE” means to obtain by any means, with or without consideration.
(b) Whoever (1) knowingly procures, attempts to procure, solicits or conspires with another to procure, a telephone record of any resident of this state without the authorization of the customer to whom the record pertain or by fraudulent, deceptive, or false means; (2) knowingly sells, or attempt to sell, a telephone record of any resident of this state without the authorization of the customer to whom the record pertain; or (3) receives a telephone record of any resident of this state knowing that such record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; shall be punished in accordance with subsection (c).
(c) The punishment for an offense under subsection (b) is-- (1) a fine under this title of not less than $5,000 or imprisonment for not more than five (5) years, or both if the violation of subsection (b)involves a single telephone record; (2) a fine under this title of not less than $10,000 or imprisonment for not more than ten (10) years, or both if the violation of subsection (b)involves two to ten (10) telephone record of a resident of the state; (3) a fine under this title of not less than $20,000 or imprisonment for not more than ten years, or both if the violation of subsection (b) involves more than 10 telephone records of a resident of the state; and (4) in either case, forfeiture of any personal property used or intended to be used to commit the offense.
(d) No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain telephone records in connection with the performance of the official duties of the agency.
(e) No provision of this section shall be construed to prohibit a telecommunications carrier from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents—
(1) as otherwise authorized by law;
(2) with the lawful consent of the customer or subscriber;
(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services;
(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.
(f) Telecommunications carriers that maintain telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records which could result in substantial harm or inconvenience to any customer.
(g) Failure to comply with any provision of this act or any regulation promulgated in accordance with this act shall constitute and unfair or deceptive act or practice under chapter ninety-three A.