[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5304 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5304

To amend title 18, United States Code, to provide a penalty for caller 
                  ID spoofing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2006

    Mr. Murphy (for himself, Mr. Simmons, Ms. Hart, and Mr. Carter) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide a penalty for caller 
                  ID spoofing, and for other purposes.

    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 ``Preventing Harassment through 
Outbound Number Enforcement Act''.

SEC. 2. CALLER ID SPOOFING.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1038. Caller ID spoofing
    ``(a) In General.--Whoever knowingly modifies caller ID information 
with intent to mislead the recipient of a telephone call as to the 
identity of the person making the call shall be fined under this title, 
imprisoned for not more than five years, or both.
    ``(b) Exceptions.--This section does not prohibit the following:
            ``(1) Any blocking of caller ID information.
            ``(2) 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, or any activity 
        authorized under chapter 224 of this title.
    ``(c) Definitions.--(1) In this section:
                    ``(A) The term `caller ID information' means 
                information transmitted--
                            ``(i) by a service or device;
                            ``(ii) to the recipient of a telephone 
                        call; and
                            ``(iii) regarding the telephone number of, 
                        or other information regarding the origination 
                        of, the telephone call.
                    ``(B) The term `telephone call' means a call made 
                using a telecommunications service or VOIP service.
                    ``(C) The term `VOIP service' means a service 
                that--
                            ``(i) provides real-time 2-way voice 
                        communications transmitted through customer 
                        premises equipment using Transmission Control 
                        Protocol/Internet Protocol, or a successor 
                        protocol (including when the voice 
                        communication is converted to or from 
                        Transmission Control Protocol/Internet 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.
                    ``(D) The term `State' includes a State of the 
                United States, the District of Columbia, and any 
                commonwealth, territory, or possession of the United 
                States.
    ``(2) A term used in a definition in paragraph (1) has the meaning 
given such term in section 3 of the Communications Act of 1934 (47 
U.S.C. 153).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1038.  Caller ID spoofing.''.
                                 <all>