A bill to amend section 1029 of title 18, United States Code, with respect to cellular telephone cloning paraphernalia.
Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument.
Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose.
Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so.
Laid on the table. See S. 493 for further action. (consideration: CR H645)
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Considered under the provisions of rule H. Res. 368. (consideration: CR H645)
Rule provides for consideration of H.R. 2460 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. After passage of the bill, it shall be in order to consider in the House S. 493. It shall be in order to consider a motion to strike all after the enacting clause of the Senate bill and insert in lieu thereof the provisions of H.R. 2460 as passed by the House.
The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2460. Agreed to without objection.
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
A similar measure H.R. 2460 was laid on the table without objection.
Enacted as Public Law 105-172
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Message on House action received in Senate and at desk: House amendments to Senate bill.
Resolving differences -- Senate actions: Senate agreed House amendments by Unanimous Consent.(consideration: CR S3021)
Senate agreed House amendments by Unanimous Consent. (consideration: CR S3021)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 105-172.
Became Public Law No: 105-172.