telecom@eecs.nwu.edu (TELECOM Moderator) (06/25/91)
After my report on the congressional action last week, Bill Berbenich requested specific information on pending legislation so he could contact his representatives in Congress. Mike Riddle has replied with the special report which follows. Please direct all followup on this and Caller*ID related comments in general to Telecom Privacy, a mailing list intended for the purpose. (telecom-priv@pica.army.mil>. PAT From: Mike Riddle <riddle@hoss.unl.edu> Subject: Re: Congressional Panels Okay Bills Against Caller*ID Organization: Nebraska Inns of Court Date: Mon, 24 Jun 1991 13:18:39 GMT In <telecom11.482.2@eecs.nwu.edu> bill@fisher.eedsp.gatech.edu writes: > Pat, do you have the numbers of the subject bills? I would very much > like to contact my Congress-sharks and give them my opinion on > Caller*ID blocking. > The Senate and House versions should each have different numbers. To which Patrick responds: > [Moderartor's Note: Unfortunatly I do not. My brief article was > composed from the AP wire story on Friday which was substantially > longer than I used. There were quotes from ACLU'ers, and other > remarks. I just now went back to review my copy, and the bill numbers > are no where to be found. Maybe someone can supply them. PAT] There are at least six, and maybe more, bills that I could find that have some connection with Caller*ID. Attached to the end of this post are the two "typical" ones. One class asks the FTC to study the case where commercial dial-in services compile mailing/phoning lists to resell. The second contains Caller*ID language in regards to the "phone-in" version of the gun-control legislation, the "Staggers Bill." The third class would amend either the Communications Act of 1934 or the Electronic Communications Privacy Act of 1986 to specifically allow Caller ID with per-call blocking (as the versions I found put it -- obviously subject to amendment). The bill numbers I located are H.R. 328, 1305, 1412 and 1449. The Senate ones are S. 652 and 1166. Here are the Communications Act and ECPA versions from the House: 102ND CONGRESS; 1ST SESSION IN THE HOUSE OF REPRESENTATIVES AS INTRODUCED IN THE HOUSE H. R. 1305 1991 H.R. 1305 SYNOPSIS: A BILL To amend the Communications Act of 1934 to protect the privacy rights of telephone subscribers. DATE OF INTRODUCTION: MARCH 6, 1991 DATE OF VERSION: MARCH 11, 1991 -- VERSION: 1 SPONSOR(S): Mr. MARKEY (for himself, Mr. RICHARDSON, Mr. SLATTERY, Mr.bill; which was referred to the Committee on Energy and Commerce TEXT: A BILL To amend the Communications Act of 1934 to protect the privacy rights of telephone subscribers. * Be it enacted by the Senate and House of Representatives of the United* *States of America in Congress assembled, * SECTION 1. SHORT TITLE. This Act may be cited as the "Telephone Consumer Privacy Rights Act". SEC. 2. CUSTOMER PRIVACY REQUIREMENTS. (a) AMENDMENT.-Title II of the Communications Act of 1934 is further amended by adding at the end thereof the following new section: "SEC. 227. CUSTOMER PRIVACY REQUIREMENTS. "(a) DEFINITIONS.-As used in this section- "(1) The term ' caller identification service' means a service which makes use of a display device at the customer's telephone to automatically indicate the area code and local telephone number of any party calling from within the local area or from another area, except that such term does not include an automatic number identification service. "(2) The term 'automatic number identification' means a system in common use by common carriers that uses an identifying signal associated with the use of subscriber's telephone to provide billing information or other information to the local exchange carrier and to any other interconnecting carriers. "(3) The term 'aggregate information' mean collective data that relates to a group or category of services or customers, from which individual customer identities or characteristics have been removed. "(b) CALLING PARTY IDENTIFICATION.- "(1) RULEMAKING REQUIRED.-The Commission shall, within 180 days after the date of enactment of this section, prescribe regulations requiring any caller identification service offered by a common carrier, or by any other person that makes use of the facilities of a common carrier, to allow the caller to withhold, on a per-call basis, the display of the caller's telephone number from the telephone or other instrument of the individual receiving the call. "(2) CHARGES FOR WITHHOLDING NUMBERS PROHIBITED.-Such regulations shall prohibit any charges from being imposed on the caller who requests that his or her telephone number be withheld from the recipient of a call placed by the caller. "(3) NOTIFICATION TO CUSTOMERS.-Such regulations shall require every common carrier to notify its subscribers that their calls may be identified to a called party not later than- "(A) 30 days before the common carrier commences to participate in the offering of a call identification service; and "(B) 60 days after the date such regulations are prescribed, if the private or common carrier is participating in the offering of a call identification service prior to such date. "(4) EXEMPTIONS.-This subsection does not apply to any of the following: "(A) A caller identification service which is used solely in connection with calls within the same limited system, including (but not limited to) a Centrex or private branch exchange system, as the recipient telephone. "(B) A caller identification service which is used on a public agency's emergency telephone line or on the line which receives the primary emergency telephone number (911). "(C) A caller identification service provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency. "(5) WAIVER.-The regulations prescribed by the Commission under paragraph (1) may waive the requirements of this subsection where compliance with such requirements is not technologically feasible. "(c) AUTOMATIC NUMBER IDENTIFICATION SERVICES.- "(1) CONTRACT REQUIREMENTS.-Any common carrier or affiliate of a common carrier providing automatic number identification services to any person shall provide such services under a contract or tariff containing customer information requirements that comply with this subsection. Such requirements shall- "(A) permit such person to use the telephone number and billing information provided pursuant to the automatic number identification service for billing and collection, completion of the customer's call or transaction, or for services directly related to the customer's call or transaction; "(B) prohibit such person from reusing or selling the telephone number or billing information provided pursuant to the automatic number identification service without the customer's affirmative consent; "(C) prohibit such person from disclosing, without the affirmative consent of the customer, any information derived from the automatic number identification service, or any information derived from the analysis of the characteristics of a telecommunications transmission (such as calling patterns and locations, transmission speeds, and transaction profiles), for any purpose other than- "(i) performing the services or transactions that are the subject of the customer's call, "(ii) ensuring network performance, security, and the effectiveness of call delivery, "(iii) compiling, using, and disclosing aggregate information, and "(iv) complying with applicable law or legal process. "(2) EXCEPTION FOR ESTABLISHED CUSTOMERS.-The customer information requirements imposed under paragraph (1) shall not prevent a person to which automatic number identification services are provided from using- "(A) the telephone number and billing information provided pursuant to such service, and "(B) any information derived from the automatic number identification service, or from the analysis of the characteristics of a telecommunications transmission, to offer, to any customer with which such person has established a customer relationship, a product or service that is directly related to the products or services previously acquired by that customer from such person. "(3) ENFORCEMENT.-(A) Each common carrier shall receive and transmit to the Commission customer complaints concerning violations of the customer information requirements imposed under paragraph (1). Each common carrier shall submit to the Commission, in such form as the Commission may require by regulation, periodic reports on actions taken by the carrier to obtain compliance with such requirements. "(B) The Commission may, by rule or order, direct the termination of automatic number identification services to any person who has violated the customer information requirements imposed under paragraph (1). For purposes of section 503(b)(1)(B), violations of such requirements shall be considered to be a violation of a provision of this Act. "(4) EFFECTIVE DATE.-(A) Except as provided in subparagraph (B), the requirements of this subsection shall apply to any automatic number identification service provided on or after one year after the date of enactment of this subsection. "(B) In the case of any automatic number identification service provided under a contract entered into, or tariff taking effect, more than 90 days after the date of enactment of this subsection, the requirements of this subsection shall apply to any automatic number identification service provided pursuant to such contract or tariff.". SEC. 3. CONFORMING AMENDMENT. Section 2(b) of the Communications Act of 1934 is amended by striking "Except as provided" and all that follows through "and subject to the provisions" and inserting "Except as provided in sections 223 through 227, inclusive, and subject to the provisions". 102ND CONGRESS; 1ST SESSION IN THE HOUSE OF REPRESENTATIVES AS INTRODUCED IN THE HOUSE H. R. 1449 1991 H.R. 1449 SYNOPSIS: A BILL To amend title 18, United States Code, to protect the privacy of telephone users. DATE OF INTRODUCTION: MARCH 14, 1991 DATE OF VERSION: MARCH 18, 1991 -- VERSION: 1 SPONSOR(S): Mr. SYNAR (for himself and Mr. EDWARDS of California) introduced the following bill; which was referred to the Committee on the Judiciary TEXT: A BILL To amend title 18, United States Code, to protect the privacy of telephone users. * Be it enacted by the Senate and House of Representatives of the United* *States of America in Congress assembled, * SECTION 1. SHORT TITLE. This Act may be cited as the "Telephone Privacy Act of 1991". SEC. 2. TITLE 18 AMENDMENTS. (a) EXCEPTION TO PROHIBITION.-Section 3121 of title 18, United States Code, is amended- (1) in the heading for subsection (b), by inserting "WITH RESPECT TO USE BY PROVIDER" after "EXCEPTION"; (2) by inserting after subsection (b) the following: "(c) EXCEPTION WITH RESPECT TO USE OF CALLER IDENTIFICATION SYSTEMS.-The prohibition of subsection (a) does not apply with respect to the use of a device that allows the recipient of a telephone call to determine any individually identifying information about the caller or the originating number (other than information voluntarily given by the caller in the course of the communication) if the provider enables any telephone call originator to block receipt of the identifying information."; and (3) by redesignating subsection (c) as subsection (d). (b) CIVIL LIABILITY.-Section 3121 of title 18, United States Code, is further amended by adding at the end the following: "(e) CIVIL ACTION.-Any user of wire or electronic communication service may, in a civil action, obtain relief against any provider who directly or indirectly provides to recipients of telephone calls the ability to determine individually identifiable information, but fails to enable an originator to block receipt of the originating number as required under subsection (b)(3), in the same manner and to the same extent as a customer aggrieved by a violation of chapter 121 of this title may, under section 2707 of this title, obtain relief against the violator.". ----------- <<<< insert standard disclaimer here >>>> riddle@hoss.unl.edu | Nebraska Inns of Court ivgate!inns!postmaster@uunet.uu.net | +1 402 593 1192 Sysop of 1:285/27@Fidonet | 3/12/24/9600/8N1/V.32/V.42bis [Moderator's Note: My thanks to Mike Riddle for typing all this in. Please consider letting your representative know your opinion on this, and remember that replies here on the net should be directed to the group originally established just for such debate: Telecom Privacy. The moderator, Dennis Rears awaits your notes: telecom-priv@pica.army.mil (submissions) telecom-priv-request@pica.army.mil (to be added to the mailing list) PAT]