01.20.06

Cantwell Demands End to Unauthorized Sale of Americans’ Private Cell Phone Records

Senator working to close loopholes, implement safeguards, keep private information off black market

SEATTLE, WA – Friday, U.S. Senator Maria Cantwell (D-WA) called for new consumer protections that would make it a federal crime for anyone to obtain, or attempt to obtain, another person’s confidential phone records without authorization. Cantwell joined Senators Charles Schumer (D-NY), Arlen Specter (R-PA), and Bill Nelson (D-FL) to close existing loopholes and protect millions of American consumers against the growing black market sale of cell phone call logs. Today, online data brokers openly advertise their ability and willingness to obtain and sell any individual’s cell phone records, with no questions asked.

"Privacy is one of our most basic and important rights," said Cantwell. "That’s why we need commonsense laws to protect the privacy of all Americans. When phone records containing personal information about calls to doctors, therapists, business associates, and private relationships are up for grabs on the internet, there’s a serious problem. We need to immediately stop the growing black market for private cell phone records, stolen and sold by criminals."

Current telecommunications regulations direct companies to protect the confidentiality of consumer calling history and activity, billing records, and unlisted telephone numbers. However, these regulations have not been effective in keeping sensitive consumer phone records from being offered to the public. Without additional privacy safeguards, online data brokers will continue selling a consumer’s private phone records without giving it a second thought.

"Dangerous loopholes, vague laws, and ineffective penalties have made private phone records available to anyone willing to pay," said Cantwell. "Americans deserve dependable privacy protections. I will fight to make sure sensitive personal information, including cell phone records remains private and secure."

The bipartisan "Consumer Telephone Records Protection Act of 2006," co-sponsored by Cantwell, would ban false statements, knowingly providing false documents, and accessing customer accounts over the internet without authorization. In addition, no person—including a data broker or any employee of a company that provides telephone service—may intentionally sell confidential phone records. For each violation, guilty parties can be fined up to $250,000 and imprisoned for up to 5 years. Penalties can be doubled for aggravated cases. The bill contains an exception for law enforcement activities.