[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 30 Engrossed in Senate (ES)]
111th CONGRESS
2d Session
S. 30
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to prohibit manipulation of
caller identification information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Caller ID Act of 2009''.
SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION
INFORMATION.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Provision of Inaccurate Caller Identification
Information.--
``(1) In general.--It shall be unlawful for any person
within the United States, in connection with any
telecommunications service or IP-enabled voice service, to
cause any caller identification service to knowingly transmit
misleading or inaccurate caller identification information with
the intent to defraud, cause harm, or wrongfully obtain
anything of value, unless such transmission is exempted
pursuant to paragraph (3)(B).
``(2) Protection for blocking caller identification
information.--Nothing in this subsection may be construed to
prevent or restrict any person from blocking the capability of
any caller identification service to transmit caller
identification information.
``(3) Regulations.--
``(A) In general.--Not later than 6 months after
the date of enactment of the Truth in Caller ID Act of
2009, the Commission shall prescribe regulations to
implement this subsection.
``(B) Content of regulations.--
``(i) In general.--The regulations required
under subparagraph (A) shall include such
exemptions from the prohibition under paragraph
(1) as the Commission determines is
appropriate.
``(ii) Specific exemption for law
enforcement agencies or court orders.--The
regulations required under subparagraph (A)
shall exempt from the prohibition under
paragraph (1) transmissions in connection
with--
``(I) any authorized activity of a
law enforcement agency; or
``(II) a court order that
specifically authorizes the use of
caller identification manipulation.
``(4) Report.--Not later than 6 months after the enactment
of the Truth in Caller ID Act of 2009, the Commission shall
report to Congress whether additional legislation is necessary
to prohibit the provision of inaccurate caller identification
information in technologies that are successor or replacement
technologies to telecommunications service or IP-enabled voice
service.
``(5) Penalties.--
``(A) Civil forfeiture.--
``(i) In general.--Any person that is
determined by the Commission, in accordance
with paragraphs (3) and (4) of section 503(b),
to have violated this subsection shall be
liable to the United States for a forfeiture
penalty. A forfeiture penalty under this
paragraph shall be in addition to any other
penalty provided for by this Act. The amount of
the forfeiture penalty determined under this
paragraph shall not exceed $10,000 for each
violation, or 3 times that amount for each day
of a continuing violation, except that the
amount assessed for any continuing violation
shall not exceed a total of $1,000,000 for any
single act or failure to act.
``(ii) Recovery.--Any forfeiture penalty
determined under clause (i) shall be
recoverable pursuant to section 504(a).
``(iii) Procedure.--No forfeiture liability
shall be determined under clause (i) against
any person unless such person receives the
notice required by section 503(b)(3) or section
503(b)(4).
``(iv) 2-year statute of limitations.--No
forfeiture penalty shall be determined or
imposed against any person under clause (i) if
the violation charged occurred more than 2
years prior to the date of issuance of the
required notice or notice or apparent
liability.
``(B) Criminal fine.--Any person who willfully and
knowingly violates this subsection shall upon
conviction thereof be fined not more than $10,000 for
each violation, or 3 times that amount for each day of
a continuing violation, in lieu of the fine provided by
section 501 for such a violation. This subparagraph
does not supersede the provisions of section 501
relating to imprisonment or the imposition of a penalty
of both fine and imprisonment.
``(6) Enforcement by states.--
``(A) In general.--The chief legal officer of a
State, or any other State officer authorized by law to
bring actions on behalf of the residents of a State,
may bring a civil action, as parens patriae, on behalf
of the residents of that State in an appropriate
district court of the United States to enforce this
subsection or to impose the civil penalties for
violation of this subsection, whenever the chief legal
officer or other State officer has reason to believe
that the interests of the residents of the State have
been or are being threatened or adversely affected by a
violation of this subsection or a regulation under this
subsection.
``(B) Notice.--The chief legal officer or other
State officer shall serve written notice on the
Commission of any civil action under subparagraph (A)
prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible
for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting
such civil action.
``(C) Authority to intervene.--Upon receiving the
notice required by subparagraph (B), the Commission
shall have the right--
``(i) to intervene in the action;
``(ii) upon so intervening, to be heard on
all matters arising therein; and
``(iii) to file petitions for appeal.
``(D) Construction.--For purposes of bringing any
civil action under subparagraph (A), nothing in this
paragraph shall prevent the chief legal officer or
other State officer from exercising the powers
conferred on that officer by the laws of such State to
conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses
or the production of documentary and other evidence.
``(E) Venue; service or process.--
``(i) Venue.--An action brought under
subparagraph (A) shall be brought in a district
court of the United States that meets
applicable requirements relating to venue under
section 1391 of title 28, United States Code.
``(ii) Service of process.--In an action
brought under subparagraph (A)--
``(I) process may be served without
regard to the territorial limits of the
district or of the State in which the
action is instituted; and
``(II) a person who participated in
an alleged violation that is being
litigated in the civil action may be
joined in the civil action without
regard to the residence of the person.
``(7) Effect on other laws.--This subsection does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or a political subdivision of a State, or of
an intelligence agency of the United States.
``(8) Definitions.--For purposes of this subsection:
``(A) Caller identification information.--The term
`caller identification information' means information
provided by a caller identification service regarding
the telephone number of, or other information regarding
the origination of, a call made using a
telecommunications service or IP-enabled voice service.
``(B) Caller identification service.--The term
`caller identification service' means any service or
device designed to provide the user of the service or
device with the telephone number of, or other
information regarding the origination of, a call made
using a telecommunications service or IP-enabled voice
service. Such term includes automatic number
identification services.
``(C) IP-enabled voice service.--The term `IP-
enabled voice service' has the meaning given that term
by section 9.3 of the Commission's regulations (47
C.F.R. 9.3), as those regulations may be amended by the
Commission from time to time.
``(9) Limitation.--Notwithstanding any other provision of
this section, subsection (f) shall not apply to this subsection
or to the regulations under this subsection.''.
Passed the Senate February 23, 2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 30
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to prohibit manipulation of
caller identification information.