Telephone Privacy Act of 1991

Telephone Privacy Act of 1991 - Amends the Electronic Communications Privacy Act of 1986 to permit the use of caller identification systems (i.e., devices which allow the recipient of a telephone call to determine individually identifying information about the caller or the originating number) if the provider enables the telephone call originator to block receipt of the identifying information.

Authorizes civil suits against providers who provide caller identification systems to call recipients without providing blocking capability to call originators.

 
HR 1449 IH
102d CONGRESS
1st Session
 H. R. 1449
To amend title 18, United States Code, to protect the privacy of telephone
users.
IN THE HOUSE OF REPRESENTATIVES
March 14, 1991
Mr. SYNAR (for himself and Mr. EDWARDS of California) introduced the following
bill; which was referred to the Committee on the Judiciary
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.'.