                          102ND CONGRESS; 1ST SESSION
                        IN THE HOUSE OF REPRESENTATIVES
                            AS REPORTED 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: NOVEMBER 20, 1991 -- VERSION: 2

 SPONSOR(S):
Mr. MARKEY (for himself, Mr. RICHARDSON, Mr. SLATTERY, Mr. COOPER, and
Mr. FRANK of Massachusetts) introduced the following bill; which was
            referred to the Committee on Energy and Commerce
 

 TEXT:
                            NOVEMBER 18, 1991
Additional sponsors: Mr. GORDON, Mr. LEHMAN of California, Mr. LAFALCE,
Mrs. BOXER, Mr. TOWNS, Ms. KAPTUR, Mr. KOLBE, Mr. BRYANT, Mr. KOLTER, Mr.
ECKART, Mr. ABERCROMBIE, Mrs. MEYERS of Kansas, Mr. SCHUMER, and Mr.
                                OBERSTAR
 
 
                            NOVEMBER 18, 1991
Reported with an amendment, committed to the Committee of the Whole House
          on the State of the Union, and ordered to be printed
 
 
Strike out all after the enacting clause and insert the part printed in
                                italic
For text of introduced bill, see copy of bill as introduced on March 6,
                                  1991
                  -------------------------------------
 
 
                                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. FINDINGS.                                                      *
*  The Congress finds that:                                              *
*      (1) The right of privacy is the central principle that should    *
*    guide the introduction and use of new telecommunications            *
*    technologies and services.                                          *
*      (2) Caller Identification Service, known as " Caller ID" , can      *
*    provide value to telephone subscribers by identifying the calling   *
*    party prior to accepting the call.                                  *
*      (3) Interexchange carriers offering "800" and "900" number        *
*    services often pass a protocol service known as the Automatic Number*
*    Identification ("ANI") that identifies the calling party's telephone*
*    number to end users.                                                *
*      (4) While  Caller ID  provides value to the called party, it also   *
*    affects the legitimate privacy interests of the calling party.      *
*      (5) These privacy interests must be properly balanced to protect  *
*    the rights of both calling and receiving party when caller          *
*    identification services are offered by common carrier.              *
*      (6) This personal information can be developed into highly        *
*    sophisticated and possibly intrusive lists that are subsequently    *
*    used or sold for marketing and other purposes often without the    *
*    knowledge or consent of consumers whose information was accessed    *
*    initially through  Caller ID  or ANI generated information.          *
*      (7) Unrestricted offerings of caller identification services may  *
*    infringe upon some calling parties' expectations of anonymity and   *
*    privacy in some or all of their telephone transactions.            *
*      (8) Federal requirements for the offering of caller identification*
*    service are necessary to ensure uniformed regulation which          *
*    appropriately balance the rights of both the calling and receiving  *
*    party when caller identification services are offered by common    *
*    carriers.                                                          *
*SEC. 3. 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 called party's telephone *
*    to automatically indicate the local telephone number (with or      *
*    without the area code) 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 an access   *
*    signaling protocol 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' means 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, name, or other *
*    personally identifying information, 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, virtual private network, or    *
*        private branch exchange system.                                *
*          "(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) or on any entity's *
*        emergency assistance poison control telephone line.            *
*          "(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 telephone subscriber 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, routing,    *
*        screening, and completion of the originating telephone          *
*        subscriber's call or transaction, or for services directly      *
*        related to the originating telephone subscriber'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 first orally (i)*
*        notifying the originating telephone subscriber and (ii)        *
*        extending to such subscriber the option to limit or prohibit    *
*        such reuse or sale;                                            *
*          "(C) prohibit such person from disclosing, except as permitted*
*        by subparagraphs (A) and (B), any information derived from the  *
*        automatic number identification service for any purpose other   *
*        than-                                                          *
*              "(i) performing the services or transactions that are the *
*            subject of the originating telephone subscriber'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 telephone subscriber with which such person has an *
*    established customer relationship, a product or service that is    *
*    directly related to the products or service previously acquired by  *
*    that customer from such person.                                    *
*      "(3) ENFORCEMENT.-(A) Each common carrier shall receive and      *
*    transmit to the Commission complaints concerning violations of the  *
*    telephone subscriber information requirements imposed under        *
*    paragraph (1). Each common carrier shall submit to the Commission,  *
*    in such form as the Commission may require by regulation, reports on*
*    actions taken by the carrier to comply with this section.          *
*      "(B) The Commission may, by rule or order, direct the termination *
*    of automatic number identification services to any person who has   *
*    violated the telephone subscriber 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.                                                            *
*  "(d) STATE LAW.-Notwithstanding any other provision of this Act, no   *
*State shall prohibit or effectively prevent the provision of caller    *
*identification services.".                                              *
*SEC. 4. 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".                        *
*SEC. 5. BLOCKING.                                                      *
*  Nothing in this Act shall be construed to prevent a common carrier, or*
*any other person that makes use of the facilities of a common carrier,  *
*from offering services or technology enabling a telephone subscriber    *
*receiving a call to block the call, or block the completion of the call *
*where the caller has chosen to withhold the display of the caller's    *
*telephone number, name, or other personally identifying information.    *
