The following was faxed to us from Mr. Tauzin's Office:
DESCRIPTION OF WIRELESS PRIVACY ENHANCEMENT ACT
JULY 30, 1997
1. The bill protects users' privacy by extending the prohibition in
section 302(b) of the Communications Act of 1934 on manufacturing,
selling, etc. scanning devices to modifying as well. It also requires
the Commission to revise their rules to reflect by this change.
2. The bill also enhances privacy protection by eliminating the requirement
that a violation of section 705(a) requires both interception and
divulgence. The bill also separates this provision interception or
divulgence and thus, the mere interception is illegal. While more
deterrent than enforceable, this provision will provide statutory
penalties to help deter interception.
3. The bill increases the penalties for violating section 705 (a) to be
consistent with those under Electronic Communications Privacy Act
(ECPA), relating to interception or divulgence prohibition. Currently
the fine for willful violation is $2,000, 6 months in jail, or both;
under CEPA, the penalties can be increased based upon repeated
violations. This provides an additional penalty option.
4. The bill also requires that the FCC investigate and take action
notwithstanding any other investigations by other agencies or
departments regarding violations of the Communications Act or
Commission rules on wireless communications privacy.