§ 18-13-125 — Telephone records - sale or purchase

Colorado § 18-13-125

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Miscellaneous Offenses

Text

(1) A person commits
unauthorized trading in telephone records if the person, without lawful
authorization:

(a) Knowingly procures or attempts to procure a telephone record;

(b) Knowingly sells, buys, offers to sell, or offers to buy a telephone record;

(c) Possesses a telephone record with the intent to use such record, or
information contained in such record, to harm another person; or

(d) Receives a telephone record of a resident of Colorado knowing that such
record was obtained without lawful authorization or by fraud or deception.

(2) For the purposes of this section:

(a) Lawful authorization means authorization from the person or the agent
of the person to whom the telephone number is assigned or from the person or the
agent of the person who purchases the telephone service.

(b) Procure means to obtain by any means, with or without consideration.

(c) Telecommunications provider means a company and its affiliates that
provide commercial telephone service to a customer, irrespective of the technology
employed, including, without limitation, wired, wireless, cable, broadband, satellite,
or voice-over-internet protocol.

(d) (I) Telephone record means information retained by a
telecommunications provider that relates to the number dialed by the customer or
subscriber, to the number of a person who dialed the customer, or to other data that
are typically contained on a customer's telephone bill for either wired or wireless
telephone service, including, without limitation, the time a call was made, the
duration of a call, or the charges for a call.

(II) Telephone record shall not include a directory listing or information
collected and retained by customers utilizing caller identification technology or
similar technology.

(3) (a) This section shall not prohibit a peace officer, a law enforcement
agency, or an employee or agent of a law enforcement agency from obtaining
telephone records in the performance of their duties or as authorized by law.

(b) This section shall not prohibit a telecommunications provider from
obtaining, using, disclosing, or permitting access to a telephone record when such
access:

(I) Is otherwise authorized by Colorado law, any other state law, or federal
law, including, without limitation, the rules promulgated by the federal
communications commission;

(II) Is necessary to operations of the telecommunications provider, or to
provide services or products, or to protect the rights and property of the
telecommunications provider;

(III) Protects users of the service and other telecommunications providers
from fraudulent, abusive, or unlawful use of or subscription to such service;

(IV) Is made to a government entity if the telecommunications provider
reasonably believes that an emergency involving immediate danger of serious
physical injury to any person justifies disclosure of the information;

(V) Is made to the national center for missing and exploited children or its
successor entity and concerns a report submitted under 18 U.S.C. sec. 2258A;

(VI) Is in connection with the sale, purchase, or transfer of all or part of a
telecommunications provider's business; or

(VII) Is in connection with the migration of a customer from one
telecommunications provider to another.

(c) This section shall not be construed to imply that telephone records
belong to a person other than the telecommunications provider that maintains
them.

(4) Unauthorized trading in telephone records is a petty offense.

(5) This section shall not apply to a telecommunications provider or its
agents or representatives who reasonably and in good faith act pursuant to
Colorado law, any other state law, or federal law, including, without limitation, the
rules promulgated by the federal communications commission, notwithstanding a
later determination that the act was not authorized by such law.

Legislative History

Source: L. 2006: Entire section added, p. 584, � 1, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3217, � 374, effective March 1, 2022. L. 2022: (3)(b)(V) amended, (SB 22-212), ch. 421, p. 2970, � 30, effective August 10.