Wireless Telephone Protection Act

Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument. Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so.

Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured for altering or modifying a telecommunications instrument so that such instrument may be used to obtain unauthorized access to telecommunications services. Permits an officer, employee, or agent of, or a person under contract with a facilities-based carrier (an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under authority of the Communications Act of 1934), for the purpose of protecting the property or legal rights of that carrier, to use, produce, have custody or control of, or possess such hardware or software. Authorizes use of such hardware or software to obtain access to telecommunications service provided by another facilities-based carrier. Prescribes penalties for first and subsequent violations, including forfeiture to the United States of any personal property used or intended to be used to commit, facilitate, or promote the commission of the offense. Makes procedures for criminal forfeitures under the Controlled Substances Act applicable to such forfeitures. Revises the definition of a "scanner receiver" to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument (thus bringing such devices within the scope of prohibitions against fraud and related activity in connection with access devices). Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so, taking into account specified factors.

Wireless Telephone Protection Act - Amends the Federal criminal code to penalize those who use, produce, traffic in, have control or custody of, or possess hardware or software knowing that it has been configured for altering or modifying a telecommunications instrument so that such instrument may be used to obtain unauthorized access to telecommunications services (but permits an officer, employee, or agent of, or a person under contract with, an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under authority of the Communications Act of 1934, for the purpose of protecting the property or legal rights of that carrier to use, produce, have custody or control of, or possess such hardware or software). Provides increased penalties for a second or recurrent offense for fraudulent activities involving counterfeit communications access devices. Sets penalties for attempts to engage in such activity. Defines "scanner receiver" to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument (thus bringing such devices within the scope of code prohibitions against fraud and related activity in connection with access devices). Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so, taking into account specified factors.

Cellular Telephone Protection Act - Amends the Federal criminal code to penalize those who use, produce, traffic in, have control or custody of, or possess hardware or software that may be used for modifying or copying an electronic serial number. Provides increased penalties for a second or recurrent offense for fraudulent activities involving counterfeit communications access devices. Provides that such penalties shall not prohibit any telecommunications carrier engaged in protecting its property or rights from sending through commerce any otherwise unlawful: (1) device-making equipment, scanning receiver, or access device; or (2) hardware or software used for modifying or altering an electronic serial number or altering or modifying a telecommunications instrument so that the instrument may be used to obtain unauthorized access to telecommunications services.