Report Title:

Crime; brokering of information

 

Description:

Criminalizes the brokering of customer information acquired from a telecommunication service provider.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

58

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to THE PROHIBITION OF THE SALE OF PRIVATE TELEPHONE RECORDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the availability of electronic information is a growing problem in Hawai`i as well as in the United States.  However, there is no law preventing the practice of "pretexting", the harvesting of private phone records by others by pretending to be the owner of the telephone or cellular phone.  This data is often turned around and sold to the general public, both to legitimate persons and criminals alike.  This enormous loophole in the law compromises consumer privacy.  The purpose of this Act is to prohibit this practice.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§708-A   Definitions.  When used in this chapter, unless the context otherwise requires:

     "Broker" means either a person engaged in the business of transactions in customer information for the person's own benefit or for the benefit of others or the act of transacting in customer information for the person's own benefit or for the benefit of others, depending on the context.

     "Customer" means any person that is a resident of or is domiciled in this state and which has transacted or is transacting business with or has used or is using the services of a telecommunication service provider.

     "Customer information" means either of the following:

     Any original or any copy of any records held by a telecommunication service provider pertaining to a customer's relationship with the telecommunication service provider, including but not limited to, account records, identifying information, personal data or location of the customer.

     Any information derived from a record described in this definition.

     "Telecommunication service provider" means the same as in section 708-800.

     §708-B    Unauthorized brokering of customer information acquired from telecommunication service provider.   (a)  The brokering of customer information acquired from a telecommunication service provider shall be prohibited.

     (b)  Unauthorized brokering of customer information acquired from telecommunication service provider shall be a class C felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on October 1, 2007.

 

 

INTRODUCED BY:

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