109 HR 5126 RH: Truth in Caller ID Act of U.S. House of Representatives 2006-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB Union Calendar No. 274 109th CONGRESS 2d Session H. R. 5126 [Report No. 109–489] IN THE HOUSE OF REPRESENTATIVES April 6, 2006 Mr. Barton of Texas (for himself, Mr. Engel, Mr. Simmons, and Mr. Reichert) introduced the following bill; which was referred to the Committee on Energy and Commerce June 6, 2006 Additional sponsors: Mrs. Schmidt, Mr. Towns, Mr. Case, Mr. Davis of Kentucky, Mr. Matheson, Mr. Bass, Mr. Dicks, Mrs. Bono, Mr. Boucher, Mr. Upton, Mr. Bilirakis, Mr. Pickering, Mr. Gillmor, Mr. Shimkus, Mr. Ferguson, Mrs. Myrick, Mr. Fossella, Mr. Buyer, Mr. Burgess, Mrs. Cubin, and Mr. Murphy June 6, 2006 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Communications Act of 1934 to prohibit manipulation of caller identification information, and for other purposes.
1.
Short title
This Act may be cited as the Truth in Caller ID Act of 2006.
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 VOIP service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, 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 enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. (B)
Exemption
The regulations under this paragraph shall exempt from the prohibition under paragraph (1) transmissions in connection with authorized activities of law enforcement agencies. (4)
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 VOIP 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 VOIP service. Such term includes automatic number identification services. (C)
VOIP service
The term VOIP service means a service that— (i)provides real-time 2-way voice communications transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol (including when the voice communication is converted to or from TCP/IP protocol by the VOIP service provider and transmitted to the subscriber without use of circuit switching), for a fee; (ii)is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and (iii)has the capability to originate traffic to, and terminate traffic from, the public switched telephone network. (5)
Limitation
Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection. .
1.
Short title
This Act may be cited as the Truth in Caller ID Act of 2006.
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 deceptive caller identification information
(1)
In general
It shall be unlawful for any person within the United States, in connection with any telecommunications service or VOIP service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud or cause harm. (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
Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. (4)
Definitions
For purposes of this subsection: (A)
Caller identification information
The term caller identification information means information provided to an end user 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 VOIP 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 VOIP service. Such term includes automatic number identification services. (C)
VOIP service
The term VOIP service means a service that— (i)provides real-time voice communications transmitted through end user equipment using TCP/IP protocol, or a successor protocol, for a fee or without a fee; (ii)is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and (iii)has the capability to originate traffic to, and terminate traffic from, the public switched telephone network. (5)
Savings provision
Nothing in this Act may be construed to affect or alter the application of the Commission’s regulations regarding the requirements for transmission of caller identification information for telemarketing calls, issued pursuant to the Telephone Consumer Protection Act of 1991 (Public Law 102–243) and the amendments made by such Act. .
June 6, 2006 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed