[WASHINGTON, D.C.] – Following recent reports that personal telephone records of Hewlett Packard (HP) corporate directors and nine journalists were obtained without authorization, U.S. Senator Dick Durbin (D-IL) today called on the Majority Leader Senator Bill Frist (R-TN) to schedule a vote on H.R. 4709, the Telephone Records and Privacy Protection Act before the Senate recess at the end of the month.

Durbin, who has helped craft a Senator version of the House-passed legislation, said H.R. 4709, The Telephone Records and Privacy Protection Act, is a consensus bill that provides strong criminal penalties for the fraudulent acquisition, unauthorized disclosure, or improper transfer of telephone records.

In a letter to Senator Frist, Durbin wrote: “No one should have to wonder whether it is illegal for others to obtain their phone records without authorization. I believe the practice already is illegal, but this legislation is urgently needed to erase any doubt and establish appropriate penalties for such actions. It is urgent that the Senate pass this legislation and send it to the President for his signature before the privacy of more Americans is violated.”

The full text of Durbin’s letter to Senator Frist appears below:

September 15, 2006
The Honorable William H. Frist
Senate Majority Leader
S-230 Capitol
Washington, D.C. 20510

Dear Majority Leader Frist:

I strongly urge you to schedule a vote on H.R. 4709, the Telephone Records and Privacy Protection Act before the Senate recess at the end of the month. This legislation is identical to the amended version of S. 2178 which I joined Senators Specter, Schumer, and others in crafting, and it was approved by the Senate Judiciary Committee without dissent. The Telephone Records and Privacy Protection Act provides strong criminal penalties for the fraudulent acquisition, unauthorized disclosure, or improper transfer of telephone records.

I introduced legislation earlier this year, as did Senators Schumer and Specter, in response to several news stories reporting that online brokers had illegally obtained cell phone records and sold them without customers’ knowledge. Our measures were designed to deter online brokers by prohibiting the sale or fraudulent transfer or use of telephone records. We worked out our differences and the differences between our bills and the corresponding House measure, and the language in H.R. 4709 is consensus language we all support to address this illegal practice. However, the effort to pass this legislation has stalled in the Senate for reasons we do not understand, while Americans’ telephone records remain at risk.

As you know, telephone records – both hard line and cellular – contain vast amounts of personal and sensitive information including home addresses, contacts with personal associates and health care providers, and other private data. Recent media attention has alerted the public to the existence of Internet websites that advertise the ability to obtain virtually anyone’s personal telephone records for a small fee.

The urgent need for this legislation is even more apparent in light of recent revelations. Last week, reports surfaced that Hewlett Packard (HP) obtained the personal telephone records of its corporate directors without authorization. The records of nine journalists reportedly were also obtained without authorization. HP’s investigators allegedly did this by impersonating these people in contacts with their telephone service providers, and a high-ranking attorney at HP claims these actions were not illegal. No one should have to wonder whether it is illegal for others to obtain their phone records without authorization. I believe the practice already is illegal, but this legislation is urgently needed to erase any doubt and establish appropriate penalties for such actions. It is urgent that the Senate pass this legislation and send it to the President for his signature before the privacy of more Americans is violated.

The Senate has granted you the authority to set the Senate floor agenda. This legislation should not be delayed any longer. I urge you to schedule a vote on the Telephone Records and Privacy Protection Act and look forward to working with you to secure its passage.

Sincerely,
Richard Durbin
United States Senator