[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5304 Received in Senate (RDS)]


109th CONGRESS
  2d Session
                                H. R. 5304


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             December 9 (legislative day, December 8), 2006

                                Received

_______________________________________________________________________

                                 AN ACT


 
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. 1039. Caller ID spoofing
    ``(a) In General.--Whoever knowingly modifies caller ID information 
with the intent to defraud or harass another person, or to use another 
person's caller ID information without consent, shall be fined under 
this title, imprisoned for not more than five years, or both.
    ``(b) Attempt; Conspiracy.--Whoever attempts or conspires to commit 
an offense under subsection (a) of this section shall be punished as 
provided in subsection (a) of this section.
    ``(c) 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.
    ``(d) 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:

``1039. Caller ID spoofing.''.

            Passed the House of Representatives December 9 (legislative 
      day, December 8), 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.