Illinois Governor Signs Legislation to Protect Cell Phone Records, Privacy

Governor Rod R. Blagojevich on Wednesday signed Senate Bill 2554 outlawing the practice of "pretexting" in Illinois. Pretexting is pretending to be an account holder, or to have authorization to access an account, to obtain cell phone records, long distance call records, a person's physical location and other personal records, such as GM OnStar information and any other account information relating to that person, such as dating service information or post office boxes. The governor called for new restrictions on the practice in January, according to a release from his office. According to the Electronic Privacy Information Center (EPIC), Illinois is among the first states in the nation to fight cell phone record pretexting.

"Before we signed this legislation, identity thieves were able to go on the Internet and sell personal phone account information to the highest bidder," said Blagojevich. "Now, identity thieves are on notice -- we do not tolerate violations of personal privacy in Illinois. If you don't respect the law, you'll face stiff penalties."

According to EPIC, there are currently dozens of Web sites practicing cell phone "pretexting." In most cases, these brokers only need a person's cell phone number to obtain these records. In a demonstration of just how easy it is to obtain personal cell phone records, in January a blogger was able to obtain the call history of former presidential candidate and NATO commander Gen. Wesley Clark in just a few hours for less than $100.

SB 2554, sponsored by Sen. Ira Silverstein and Representative Aaron Schock, makes it illegal for an identity thief to use somebody else's personal identification information or personal identification document to portray himself or herself as that person without permission, for the purpose of gaining access to any personal identification information or personal identification document of that person. It also makes it illegal to use personal identifying information to gain access to a person's transactions, actions or communications such as cell phone call records.

Gov. Blagojevich this year signed several additional pieces of legislation that will protect personal information and combat identity theft, including:

• SB2310, which allows Illinois residents to put a security freeze on their credit report if they believe their personal information has been compromised
• HB4179, which prohibits identity theft offenders from changing their names
• HB4438 and HB4449, which give state employees and agencies additional requirements for properly disposing of personal information and notifying residents if their information has been compromised.

Blagojevich also signed a series of laws last year to help shield residents from the risk of identity theft. These include:

• HB 1633, which requires companies to notify Illinois consumers if personal information is compromised
• HB 1058, which allows victims of identity theft to freeze their credit reports
• SB 123, which requires the Illinois Department of Natural Resources (DNR) to phase in new Conservation ID (CID) numbers to replace Social Security numbers on hunting and fishing licenses.

These new laws are helping provide Illinoisans with peace of mind and protection from the fastest growing crime in the country, said the release. Last year alone, identity thieves cost consumers $550 million. On average, victims will spend about 600 hours and $1,500 repairing their credit. These laws are helping individuals take steps to protect their assets and identities before thieves wreak havoc on their credit.