47 U.S.C. § 222

Privacy of customer information

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(a) In general

Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.

(b) Confidentiality of carrier information

A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.

Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.

(2) Disclosure on request by customers

A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer.

(3) Aggregate customer information

A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate customer information other than for the purposes described in paragraph (1). A local exchange carrier may use, disclose, or permit access to aggregate customer information other than for purposes described in paragraph (1) only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions upon reasonable request therefor.

(d) ExceptionsNothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents—(1) to initiate, render, bill, and collect for telecommunications services;(2) to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services;(3) to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service; and(4) to provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)—(A) to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user’s call for emergency services;(B) to inform the user’s legal guardian or members of the user’s immediate family of the user’s location in an emergency situation that involves the risk of death or serious physical harm; or(C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency.(e) Subscriber list information

Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.

(f) Authority to use location informationFor purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to—(1) call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title), other than in accordance with subsection (d)(4); or(2) automatic crash notification information to any person other than for use in the operation of an automatic crash notification system.(g) Subscriber listed and unlisted information for emergency services

Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service or a provider of IP-enabled voice service (as such term is defined in section 615b of this title) shall provide information described in subsection (i)(3)(A) 11 So in original. Probably should be subsection “(h)(3)(A)”. (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.

(h) DefinitionsAs used in this section:(1) Customer proprietary network informationThe term “customer proprietary network information” means—(A) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and(B) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier;except that such term does not include subscriber list information.(2) Aggregate information

The term “aggregate customer information” means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

(3) Subscriber list informationThe term “subscriber list information” means any information—(A) identifying the listed names of subscribers of a carrier and such subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and(B) that the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.(4) Public safety answering point

The term “public safety answering point” means a facility that has been designated to receive emergency calls and route them to emergency service personnel.

(5) Emergency services

The term “emergency services” means 9–1–1 emergency services and emergency notification services.

(6) Emergency notification services

The term “emergency notification services” means services that notify the public of an emergency.

(7) Emergency support services

The term “emergency support services” means information or data base management services used in support of emergency services.

(June 19, 1934, ch. 652, title II, § 222, as added Pub. L. 104–104, title VII, § 702, Feb. 8, 1996, 110 Stat. 148; amended Pub. L. 106–81, § 5, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title III, § 301, July 23, 2008, 122 Stat. 2625.)Editorial NotesPrior Provisions

A prior section 222, act June 19, 1934, ch. 652, title II, § 222, as added Mar. 6, 1943, ch. 10, § 1, 57 Stat. 5; amended July 12, 1960, Pub. L. 86–624, § 36, 74 Stat. 421; Nov. 30, 1974, Pub. L. 93–506, § 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L. 96–590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97–130, § 2, 95 Stat. 1687, related to competition among record carriers, prior to repeal by Pub. L. 103–414, title III, § 304(a)(6), Oct. 25, 1994, 108 Stat. 4297.

Amendments

2008—Subsec. (d)(4). Pub. L. 110–283, § 301(1), inserted “or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)” after “section 332(d) of this title)” in introductory provisions.

Subsec. (f). Pub. L. 110–283, § 301(2), struck out “wireless” before “location” in heading.

Subsec. (f)(1). Pub. L. 110–283, § 301(1), inserted “or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)” after “section 332(d) of this title)”.

Subsec. (g). Pub. L. 110–283, § 301(3), inserted “or a provider of IP-enabled voice service (as such term is defined in section 615b of this title)” after “telephone exchange service”.

1999—Subsec. (d)(4). Pub. L. 106–81, § 5(1), added par. (4).

Subsecs. (f), (g). Pub. L. 106–81, § 5(2), added subsecs. (f) and (g). Former subsec. (f) redesignated (h).

Subsec. (h). Pub. L. 106–81, § 5(2)–(4), redesignated subsec. (f) as (h), inserted “location,” after “destination,” in par. (1)(A), and added pars. (4) to (7).

Notes of Decisions

Cited in 106 cases (17 in the last 5 years), 1943–2026 · leading case: Carpenter v. United States, 138 S. Ct. 2206 (2018).

Sort: Relevance Newest Treatment

Carpenter v. United States, 138 S. Ct. 2206 (2018). · cites it 9× “Carpenter argues that he has Fourth Amendment inter- ests in the cell-site records because they are in essence his personal papers by operation of 47 U. S. C. §222 . That statute imposes certain restrictions on how providers may use “customer proprietary network information”—a…”

Fed. Trade Comm'n v. Accusearch Inc., 570 F.3d 1187 (10th Cir. 2009). · cites it 8× “The FTC alleged that Accusearch's trade in telephone records (which are protected from disclosure under § 702 of the Telecommunications Act of 1996, 47 U.S.C. § 222 (2006)) constituted an unfair practice in violation of § 5(a) of the Federal Trade Commission Act (FTCA), 15 U.”

Michael Terpin v. at & T Mobility LLC, 118 F.4th 1102 (9th Cir. 2024). · cites it 14× “Second, the court held that Terpin’s FCA claim failed because “[t]he undisputed facts establish that the SIM swap did not disclose any information that is protected under 47 U.S.C. § 222 .” Third, the court held that Terpin’s breach of contract claim failed because he sought…”

U.S. West, Inc. v. Fed. Commc'ns Comm'n, 182 F.3d 1224 (10th Cir. 1999). · cites it 11× “Petitioner argues that the regulations adopted by the CPNI Order constitute an arbitrary and capricious interpretation of the controlling provisions of 47 U.S.C. § 222 and are impermissible because they violate the First and Fifth Amendments of the United States Constitution.”

Schmidt v. Ameritech Illinois, 768 N.E.2d 303 (Ill. App. Ct. 2002). · cites it 4× “In short, Ameritech asserts that two federal statutes have recognized the occasional need that telecommunications companies have to consult the telephone records they keep by allowing them to review those records when they have deemed it necessary to protect their "rights or…”

Busse v. Motorola, Inc., 813 N.E.2d 1013 (Ill. App. Ct. 2004). · cites it 4× “Defendants were entitled to a judgment as a matter of law on plaintiffs’ breach of contract claim under the uses permitted in the federal Telecommunications Act of 1996 (the Act) ( 47 U.S.C. § 222 (2000)). Although some of the research at issue here was conducted before the Act…”

In Re of the United States for Historical Cell Site Data, 747 F. Supp. 2d 827 (S.D. Tex. 2010). · cites it 4× “47 U.S.C. § 222 (f)(1) (1996). In order to enhance privacy protection for wireless consumers, the new statute amended the definition of CPNI to include “location,” and added the following section: (f) Authority to use wireless location information For purposes of subsection…”

Aronson v. Sprint Spectrum, L.P., 767 A.2d 564 (Pa. Super. Ct. 2001). · cites it 4× “ation, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and (B) information contained in the bills…”

In Re Application for Pen Register & Trap/Trace Device With Cell Site Location Auth., 396 F. Supp. 2d 747 (S.D. Tex. 2005). · cites it 2× “” Section 5 of the bill amended the Telecommunications Act to extend privacy protection for the call location information of cell phone users: (f) Authority to Use Wireless Location Information.”

Nat'l Cable & Telecomm. Ass'n v. Fed. Commc'ns Comm'n, 555 F.3d 996 (D.C. Cir. 2009). · cites it 3× “” 47 U.S.C. § 222 (a). Although § 222 permitted carriers to use customer information within the confines of the existing service relationship, it prohibited carriers from otherwise using, disclosing or allowing access to such information except “as required by law” or “with the…”

In Re the United States for an Order Authorizing the Use of a Pen Register & a Trap & Trace Device, 396 F. Supp. 2d 294 (E.D.N.Y 2005). · cites it 2× “” Section 5 of the bill amended the Telecommunications Act to extend privacy protection for the call location information of cell phone users: (f) Authority to Use Wireless Location Information.”

In re the United States for an Order Authorizing Disclosure of Location Info. of a Specified Wireless Tel., 849 F. Supp. 2d 526 (D. Maryland 2011). · cites it 2× “26,1999) (codified at 47 U.S.C. § 222 ) (stating that “[t]he purpose of [the Wireless Safety Act of 1999] is to encourage and facilitate the prompt deployment throughout the United States of a seamless, ubiquitous, and reliable end-to-end infrastructure for communications,…”

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