PRINTER'S NO. 1154
No. 918 Session of 2007
INTRODUCED BY BOSCOLA, COSTA, FUMO, TARTAGLIONE, EARLL, STACK,
RAFFERTY, LOGAN, RHOADES, KASUNIC AND FONTANA, JUNE 11, 2007
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 11, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of unlawful
3 sale or disclosure of customer proprietary network
4 information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7331. Unlawful sale or disclosure of customer proprietary
10 network information.
11 (a) Offense defined.--No person may sell or disclose or
12 offer to sell or disclose any customer proprietary network
13 information relating to the wireless telephone service account
14 of any resident of this Commonwealth.
15 (b) Exceptions.--It is not a violation of subsection (a) for
16 a person to disclose customer proprietary network information:
17 (1) authorized by a law, regulation or rule;
18 (2) authorized by an order of an agency having
1 regulatory authority over a wireless telephone service
2 provider;
3 (3) authorized by the holder of the wireless telephone
4 service account; or
5 (4) required by a subpoena, warrant or other lawful
6 process.
7 (c) Penalty.--Any person who violates subsection (a) commits
8 a felony of the third degree.
9 (d) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Customer proprietary network information." As defined in
13 section 222(h)(1) of the Communications Act of 1934 (48 Stat.
14 1065, 47 U.S.C. § 222(h)(1)).
15 "Telecommunications carrier." As defined in section 153(44)
16 of the Communications Act of 1934 (48 Stat. 1065, 47 U.S.C. §
17 153(44).
18 "Wireless telephone service." Any form of wireless telephone
19 service, including cellular telephone service, broadband
20 personal communications telephone service, covered specialized
21 mobile radio service and any successors to such services.
22 "Wireless telephone service provider." A telecommunications
23 carrier that provides wireless telephone service.
24 Section 2. This act shall take effect in 60 days.
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