ENTITLED, An Act to
prohibit the acquiring or selling of certain communications records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Terms used in this Act mean:
(1) "Communications provider," a provider that offers telecommunications services for a fee
to the public, regardless of the facilities used, or a provider of IP-enabled voice service;
(2) "Confidential communications records information," information that relates to the
quantity, technical configuration, type, destination, incoming calls, outgoing calls, text
messaging, location, or amount of use of a service offered by a communications provider
subscribed to by any customer of that communications provider which is made available
to a communications provider solely by virtue of the relationship between the
communications provider and the customer, or information contained in any bill related
to the product or service offered by a communications provider and received by any
customer of the communications provider;
(3) "IP-enabled voice service," the provision of real-time two-way voice communications
offered to the public, transmitted through customer premises equipment using
transmission control protocol/internet protocol (TCP/IP), or a successor protocol, for a
fee, whether part of a bundle of services or separately, with two-way interconnection
capability such that the service can originate traffic to, and terminate traffic from, a public
switched telephone network.
No person may obtain, or attempt to obtain, confidential communications records
information from a communications provider, without authorization from the customer to whom
such confidential communications records information relates, by knowingly and intentionally:
(1) Making false or fraudulent statements or representations to an employee of a
(2) Making false or fraudulent statements or representations to a customer of a
(3) Providing false documentation to a communications provider knowing that the
documentation is false;
(4) Wrongfully accessing customer accounts of a communications provider via the internet;
(5) Receiving confidential communications records information knowing such information
has been obtained by fraudulent, deceptive, or false means.
A violation of this section is a Class 1 misdemeanor.
No person may knowingly and intentionally sell, or attempt to sell, confidential
communications records information from a communications provider without authorization from
the customer to whom such confidential communications records information relates. A violation
of this section is a Class 6 felony.
This Act may not be construed to prevent any action by a law enforcement agency, or
any officer, employee, or agent of a law enforcement agency, to obtain confidential communications
records information from a communications provider pursuant to a subpoena or court order.
This Act does not prohibit a communications provider, including any affiliate or
subsidiary of a communications provider, from obtaining, using, disclosing, or permitting access to
any confidential communications records information, either directly or indirectly through its agents
as otherwise authorized by law.
This Act does not prohibit a communications provider from obtaining, using,
disclosing, or permitting access to any confidential communications records information in
connection with the sale or transfer of all or part of its business, the purchase or acquisition of all or
part of a business, or the migration of a customer from one communications provider to another.
Any customer or communications provider who claims to have been adversely
affected by any act or practice declared to be unlawful by section 2 or 3 of this Act may bring a civil
action against the person who violated section 2 or 3 of this Act for the recovery of twice the actual
damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or
practice. In addition, the customer or communications provider may collect court costs and
reasonable attorney fees expended by the customer to bring an action under this section.
An Act to prohibit the acquiring or selling of certain communications records.
I certify that the attached
originated in the
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State