Use of communications records regulated.
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
(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
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.
Signed March 7, 2006