SB-1202, As Passed Senate, May 11, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1202

     A bill to amend 2004 PA 452, entitled

"Identity theft protection act,"

by amending section 5 (MCL 445.65) and by adding section 5a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1) A person shall not do any of the following:

     (a) With intent to defraud or violate the law, use or attempt

to use the personal identifying information of another person to do

either of the following:

     (i) Obtain credit, goods, services, money, property, a vital

record, a confidential telephone record, medical records or

information, or employment.

     (ii) Commit another unlawful act.

     (b) By concealing, withholding, or misrepresenting the

person's identity, use or attempt to use the personal identifying

information of another person to do either of the following:

     (i) Obtain credit, goods, services, money, property, a vital

record, a confidential telephone record, medical records or

information, or employment.

     (ii) Commit another unlawful act.

     (2) A person who violates subsection (1)(b)(i) may assert 1 or

more of the following as a defense in a civil action or as an

affirmative defense in a criminal prosecution, and has the burden

of proof on that defense by a preponderance of the evidence:

     (a) That the person gave a bona fide gift for or for the

benefit or control of, or use or consumption by, the person whose

personal identifying information was used.

     (b) That the person acted in otherwise lawful pursuit or

enforcement of a person's legal rights, including an investigation

of a crime or an audit, collection, investigation, or transfer of a

debt, child or spousal support obligation, tax liability, claim,

receivable, account, or interest in a receivable or account.

     (c) That the action taken was authorized or required by state

or federal law, rule, regulation, or court order or rule.

     (d) That the person acted with the consent of the person whose

personal identifying information was used, unless the person giving

consent knows that the information will be used to commit an

unlawful act.

     Sec. 5a. (1) As used in this act:

     (a) "Confidential telephone record" means any of the

following:

     (i) Information that relates to the quantity, technical

configuration, type, destination, location, and amount of use of a

service offered by a telecommunication provider subscribed to by

any customer of that telecommunication provider.

     (ii) Information that is made available to a telecommunication

provider by a customer solely by virtue of the relationship between

the telecommunication provider and the customer.

     (iii) Information contained in any bill related to the product

or service offered by a telecommunication provider and received by

any customer of the telecommunication provider.

     (b) "IP-enabled voice service" means an interconnected voice

over internet protocol service that enables real-time, 2-way voice

communications, requires a broadband connection from the user's

location using internet protocol-compatible equipment, and permits

users generally to receive calls that originate on the public

switched telephone network and to terminate calls to the public

switched telephone network.

     (c) "Telecommunication provider" means all of the following:

     (i) A provider as that term is defined in section 102 of the

Michigan telecommunications act, 1991 PA 179, MCL 484.2102.

     (ii) A provider of IP-enabled voice service.

     (iii) A provider of any telecommunication service.

     (d) "Telecommunication service" means all of the following:

     (i) A service as that term is defined in section 102 of the

Michigan telecommunications act, 1991 PA 179, MCL 484.2102.

     (ii) Cellular telephone service.

     (iii) Broadband personal communication service.

     (iv) Covered specialized mobile radio.

     (2) A person shall not do any of the following:

     (a) Knowingly procure, attempt to procure, or solicit or

conspire with another to procure a confidential telephone record of

any resident of this state without the authorization of the

customer to whom the record pertains or by fraudulent, deceptive,

or false means.

     (b) Knowingly sell or attempt to sell a confidential telephone

record of any resident of this state without the authorization of

the customer to whom the record pertains.

     (c) Receive a confidential telephone record of any resident of

this state knowing that the record has been obtained without the

authorization of the customer to whom the record pertains or by

fraudulent, deceptive, or false means.

     (3) This section does not prohibit any action by a law

enforcement agency, or any officer, employee, or agent of such

agency, from obtaining confidential telephone records in connection

with the performance of the official duties of the agency.

     (4) This section does not prohibit a telecommunication

provider from obtaining, using, disclosing, or permitting access to

any confidential telephone record, either directly or indirectly,

through its agents, subcontractors, affiliates, or representatives

in the normal course of business. This section does not expand the

obligations and duties of a telecommunication provider to protect

confidential telephone records beyond those obligations and duties

otherwise established by federal and state law.