President George W Bush has signed an Act which outlaws
pretexting, the practice of gaining information about a third
party's phone use without their permission.
The federal legislation signed by Bush was the Federal Telephone
Records and Privacy Protection Act. It creates criminal penalties
for "the fraudulent or unauthorised acquisition or disclosure of
confidential phone records information," according to a statement
from the White House.
The Act was approved by the Senate in December of last year and
was signed by Bush on Friday. It creates penalties of up to 10
years in prison for anyone found to have broken the law. The
punishment can be doubled if the activity is found to be on a large
scale, which the Act defines as involving more than $100,000 or
more than 50 victims.
Though the legislation was passed by the House of
Representatives in April 2006 before being held up by the Senate,
it became high profile news when HP's activities came to light.
An inquiry into leaks from HP's board resulted in the use of
pretexting to discover details of board members' private telephone
calls on non-HP phones. The activity, which was carried out by
firms contracted directly or indirectly to HP, became public last
August and prompted an outcry.
It later emerged that people acting for HP had also obtained
phone records of journalists, had sent a fake email to one with a
surveillance code in it and had even physically tracked one
journalist.
HP chairwoman Patricia Dunn resigned over the affair and a
federal prosecution is ongoing. In that case one investigator,
Bryan Wagner of Colorado, has just pleaded guilty to identity theft
and conspiracy charges.
Wagner's lawyer said that Wagner would testify on behalf of the
prosecution in what is a major victory for prosecutors in their
attempts to trace the charges back to more senior investigators and
perhaps to HP itself.
