article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Call Privacy Act of 1999''. SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF CUSTOMER PROPRIETARY NETWORK INFORMATION. (a) Modification of Requirements.-- (1) In general.--Paragraph (1) of section 222(c) of the Communications Act of 1934 (47 U.S.C. 222(c)) is amended to read as follows: ``(1) Privacy requirements for telecommunications carriers.-- ``(A) In general.--Except as provided in subparagraph (B) or as required by law, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to customer proprietary network information that identifies a customer as follows: ``(i) In the provision of-- ``(I) the telecommunications service from which such information is derived; and ``(II) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories. ``(ii) In the case of the use of such information by the telecommunications carrier for the provision of another of its products or services to the customer, only if the telecommunications carrier-- ``(I) provides the customer a clear and conspicuous notice meeting the requirements set forth in subparagraph (C); ``(II) permits the customer to review such information for accuracy, and to correct and supplement such information; and ``(III) does not receive from the customer within 15 days after the date of the notice under subclause (I) notice disapproving the use of such information for the provision of such product or service to the customer as specified in the notice under such subclause. ``(iii) In the case of the use, disclosure, or access of or to such information by another party, only if the telecommunications carrier that originally receives or obtains such information-- ``(I) meets the requirements set forth in subclauses (I) and (II) of clause (ii) with respect to such information; and ``(II) receives from the customer written notice approving the use, disclosure, or access of or to such information for the provision of the product or service to the customer as specified in the notice under subclause (I) of this clause. ``(B) Customer disapproval.--Notwithstanding the previous approval of the use, disclosure, or access of or to information for a purpose under clause (ii) or (iii) of subparagraph (A), upon receipt from a customer of written notice of the customer's disapproval of the use, disclosure, or access of or to information for such purpose, a telecommunications carrier shall terminate the use, disclosure, or access of or to such information for such purpose. ``(C) Notice elements.--Each notice under clause (ii) or (iii) of subparagraph (A) shall include the following: ``(i) The types information that may be used, disclosed, or accessed. ``(ii) The specific types of businesses or individuals that may use or access the information or to which the information may be disclosed. ``(iii) The specific product or service for which the information may be used, disclosed, or accessed.''. (2) Conforming amendments.--Paragraph (3) of such section is amended by striking ``paragraph (1)'' both places it appears and inserting ``paragraph (1)(A)(i)''. (b) Judicial and Law Enforcement Purposes.--Such section is further amended by adding at the end the following: ``(4) Judicial and law enforcement purposes.-- ``(A) In general.--A person that receives or obtains consumer proprietary network information may disclose such information-- ``(i) pursuant to the standards and procedures established in the Federal Rules of Civil Procedure or comparable rules of other courts or administrative agencies, in connection with litigation or proceedings to which an individual who is the subject of the information is a party and in which the individual has placed the use, disclosure, or access to such information at issue; ``(ii) to a court, and to others ordered by the court, if in response to a court order issued in accordance with subparagraph (B); or ``(iii) to an investigative or law enforcement officer pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, or a grand jury subpoena, or a court order issued in accordance with subparagraph (B). ``(B) Requirements for court orders.-- ``(i) In general.--Except as provided in clause (ii), a court order for the disclosure of customer proprietary network information under subparagraph (A) may be issued by a court of competent jurisdiction only upon written application, upon oath or equivalent affirmation, by an investigative or law enforcement officer demonstrating that there is probable cause to believe that-- ``(I) the information sought is relevant and material to an ongoing criminal investigation; and ``(II) the law enforcement need for the information outweighs the privacy interest of the individual to whom the information pertains. ``(ii) Certain orders.--A court order may not be issued under this paragraph upon application of an officer of a State or local government if prohibited by the law of the State concerned.''. (c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.
summary: Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation; and (2) the law enforcement need for such information outweighs the privacy interest of the individual involved.