President Bush Signs Bill Outlawing Pretexting Phone Companies

Legal Alert
From the National Council of Investigation and Security Services
January 12, 2007

H.R. 4709, the “Telephone Records and Privacy Act of 2006”, which passed the House last April and the Senate on the last of the 109th Congress in December, was today signed into law by President Bush.

In addition - Today Bryan Wagner, a Colorado "private investigator" formerly in the employ of Action Research Group, was the first "player" in the Hewlett-Packard scandal to plead guilty to federal charges.  He is expected to testify against others that have or will be charged in connection with obtaining telephone records and computer information.  Charges are also pending in the California court. 

H.R. 4709 bans pretexting of telephone companies and their customers for “Confidential Phone Records Information.”  Chapter 47 of title 18, United States Code, is amended by inserting “Sec. 1039. Fraud and related activity in connection with obtaining confidential phone records on a covered entity.”  Key elements in this criminal violation are interstate or foreign commerce, making false statements to a covered entity, its employees, the customer or knowingly providing a false or fraudulent document to the entity or accessing customer accounts via the Internet, or by means of conduct that violate section 1030 of this title, without prior authorization from the customer.

There is a prohibition on the sale and transfer of Confidential Phone Records without prior authorization from the customer.  A prohibition also exists in knowingly and intentionally purchasing or receiving (or attempting to do so) such information without prior authorization from the customer or if one has reason to know that such information was fraudulently obtained.

Ralph Thomas, Director
National Association Of Investigative Specialists, Inc.
Austin, Tx
Phone 512-719-3595
Main web site featuring 9,000 Investigative Products
http://www.pimall.com/nais