March 30, 2006, Introduced by Senators PATTERSON, HARDIMAN, BIRKHOLZ, GARCIA, BASHAM, VAN WOERKOM and PRUSI and referred to the Committee on Technology and Energy.
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 that term as defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102, and includes any provider of IP-enabled voice
service.
(d) "Telecommunication service" means that term as defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102, and includes any of the following:
(i) Cellular telephone service.
(ii) Broadband personal communication service.
(iii) 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 or as otherwise authorized by law.