Page:United States Statutes at Large Volume 120.djvu/3601

 120 STAT. 3570

PUBLIC LAW 109–476—JAN. 12, 2007

violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in addition to the penalties provided for in such subsection, be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 5 years, or both. ‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMATION IN FURTHERANCE OF CERTAIN CRIMINAL OFFENSES.— ‘‘(1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense described in section 2261, 2261A, 2262, or any other crime of violence shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ‘‘(2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense under section 111, 115, 1114, 1503, 1512, 1513, or to intimidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement officer shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial jurisdiction over an offense under this section. ‘‘(g) NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.—This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CONFIDENTIAL PHONE RECORDS INFORMATION.—The term ‘confidential phone records information’ means information that— ‘‘(A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; ‘‘(B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or ‘‘(C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. ‘‘(2) COVERED ENTITY.—The term ‘covered entity’— ‘‘(A) has the same meaning given the term ‘telecommunications carrier’ in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ‘‘(B) includes any provider of IP-enabled voice service. ‘‘(3) CUSTOMER.—The term ‘customer’ means, with respect to a covered entity, any individual, partnership, association,

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