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==Law== In [[common law]], pretexting is an invasion of [[privacy]] tort of appropriation.<ref>Restatement 2d of Torts Β§ 652C.</ref> ===Pretexting of telephone records=== In December 2006, [[United States Congress]] approved a Senate sponsored bill making the pretexting of telephone records a federal [[felony]] with fines of up to $250,000 and ten years in prison for individuals (or fines of up to $500,000 for companies). It was signed by [[George W. Bush|President George W. Bush]] on 12 January 2007.<ref>{{cite web|url=https://www.congress.gov/bill/109th-congress/house-bill/4709/|title=Congress outlaws pretexting|work=109th Congress (2005β2006) H.R.4709 β Telephone Records and Privacy Protection Act of 2006 |year=2007}}</ref> ===Federal legislation=== The 1999 [[Gramm-Leach-Bliley Act]] (GLBA) is a [[Federal government of the United States|U.S. Federal]] law that specifically addresses pretexting of banking records as an illegal act punishable under federal statutes. When a business entity such as a private investigator, SIU insurance investigator, or an adjuster conducts any type of deception, it falls under the authority of the [[Federal Trade Commission]] (FTC). This federal agency has the obligation and authority to ensure that consumers are not subjected to any unfair or deceptive business practices. US Federal Trade Commission Act, Section 5 of the [[Federal Trade Commission Act|FTCA]] states, in part: "Whenever the Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respect." The statute states that when someone obtains any personal, non-public information from a financial institution or the consumer, their action is subject to the statute. It relates to the consumer's relationship with the financial institution. For example, a pretexter using false pretenses either to get a consumer's address from the consumer's bank, or to get a consumer to disclose the name of their bank, would be covered. The determining principle is that pretexting only occurs when information is obtained through false pretenses. While the sale of cell telephone records has gained significant media attention, and telecommunications records are the focus of the two bills currently before the [[United States Senate]], many other types of private records are being bought and sold in the public market. Alongside many advertisements for cell phone records, wireline records and the records associated with calling cards are advertised. As individuals shift to VoIP telephones, it is safe to assume that those records will be offered for sale as well. Currently, it is legal to sell telephone records, but illegal to obtain them.<ref>Mitnick, K (2002): "The Art of Deception", p. 103 Wiley Publishing Ltd: Indianapolis, Indiana; United States of America. {{ISBN|0-471-23712-4}}</ref> ===1st Source Information Specialists=== U.S. Rep. [[Fred Upton]] (R-[[Kalamazoo, Michigan|Kalamazoo]], Michigan), chairman of the Energy and Commerce Subcommittee on Telecommunications and the Internet, expressed concern over the easy access to personal mobile phone records on the Internet during a House Energy & Commerce Committee hearing on "'''Phone Records For Sale:''' ''Why Aren't Phone Records Safe From Pretexting?''" [[Illinois]] became the first state to sue an online records broker when Attorney General Lisa Madigan sued 1st Source Information Specialists, Inc. A spokeswoman for Madigan's office said. The Florida-based company operates several Web sites that sell mobile telephone records, according to a copy of the suit. The attorneys general of Florida and [[Missouri]] quickly followed Madigan's lead, filing suits respectively, against 1st Source Information Specialists and, in Missouri's case, one other records broker β First Data Solutions, Inc. Several wireless providers, including T-Mobile, Verizon, and Cingular filed earlier lawsuits against records brokers, with Cingular winning an injunction against First Data Solutions and 1st Source Information Specialists. U.S. Senator [[Charles Schumer]] (D-New York) introduced legislation in February 2006 aimed at curbing the practice. The Consumer Telephone Records Protection Act of 2006 would create [[felony]] [[Criminal law|criminal]] penalties for stealing and selling the records of mobile phone, [[landline]], and [[Voice over Internet Protocol]] (VoIP) subscribers. ===Hewlett Packard=== [[Patricia C. Dunn|Patricia Dunn]], former chairwoman of [[Hewlett-Packard|Hewlett Packard]], reported that the HP board hired a private investigation company to delve into who was responsible for leaks within the board. Dunn acknowledged that the company used the practice of pretexting to solicit the telephone records of board members and journalists. Chairman Dunn later apologized for this act and offered to step down from the board if it was desired by board members.<ref name="com">[http://news.cnet.com/HP-chairman-Use-of-pretexting-embarrassing/2100-1014_3-6113715.html?tag=nefd.lede HP chairman: Use of pretexting 'embarrassing'] Stephen Shankland, 8 September 2006 1:08 PM PDT ''[[CNET]] News.com''</ref> Unlike Federal law, California law specifically forbids such pretexting. The four felony charges brought on Dunn were dismissed.<ref>{{cite web|url=http://news.cnet.com/Calif.-court-drops-charges-against-Dunn/2100-1014_3-6167187.html|title=Calif. court drops charges against Dunn|date=14 March 2007|publisher=CNET|access-date=11 April 2012}}</ref>
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