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

(A)

Deadline

Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. (B)

Consideration of related regulations

In conducting the proceeding to prescribe the regulations required by subparagraph (A) of this paragraph, the Commission shall examine whether the Commission’s regulations under subsection (b)(2)(B) of this section should be revised to require non-commercial calls to residential telephone lines using an artificial or pre-recorded voice to deliver a message to transmit caller identification information that is not misleading or inaccurate. (4)

Effect on other laws

Nothing in this subsection shall be construed to authorize or prohibit any investigative, protective, or intelligence activities performed in connection with official duties, and in accordance with all applicable laws, by a law enforcement agency of the United States, a State, or a political subdivision of a State, or by an intelligence agency of the United States. (5)

Savings provision

Except for paragraph (3)(B), nothing in this subsection may be construed to affect or alter the application of the Commission’s regulations regarding the requirements for transmission of caller identification information, issued pursuant to the Telephone Consumer Protection Act of 1991 (Public Law 102–243) and the amendments made by such Act. (6)

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, or terminate traffic from, the public switched telephone network.