[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 740

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2007

 Mr. Scott of Virginia (for himself, Mr. Conyers, Mr. Forbes, Mr. Tim 
Murphy of Pennsylvania, Mr. Reichert, and Mrs. Schmidt) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prevent 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 (PHONE) Act of 2007''.

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. 1040. Caller ID spoofing
    ``(a) Offense.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses or provides to another--
            ``(1) false caller ID information with intent to defraud; 
        or
            ``(2) caller ID information pertaining to an actual person 
        without that person's consent and with intent to deceive the 
        recipient of a call about the identity of the caller;
or attempts or conspires to do so, shall be punished as provided in 
subsection (b).
    ``(b) Punishment.--Whoever violates subsection (a) shall--
            ``(1) if the offense is committed for commercial gain, be 
        fined under this title or imprisoned not more than 5 years, or 
        both; and
            ``(2) be fined under this title or imprisoned not more than 
        one year, or both, in any other case.
    ``(c) Law Enforcement Exception.--It is a defense to a prosecution 
for an offense under this section that the conduct involved was 
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) Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on a 
        person who is convicted of an offense under this section, shall 
        order that the defendant forfeit to the United States--
                    ``(A) any property, real or personal, constituting 
                or traceable to gross proceeds obtained from such 
                offense; and
                    ``(B) any equipment, software or other technology 
                used or intended to be used to commit or to facilitate 
                the commission of such offense.
            ``(2) Procedures.--The procedures set forth in section 413 
        of the Controlled Substances Act (21 U.S.C. 853), other than 
        subsection (d) of that section, and in Rule 32.2 of the Federal 
        Rules of Criminal Procedure, shall apply to all stages of a 
        criminal forfeiture proceeding under this section.
    ``(e) Definitions.--In this section--
            ``(1) the term `caller ID information' means information 
        regarding the origination of the telephone call, such as the 
        name or the telephone number of the caller;
            ``(2) the term `telephone call' means a call made using or 
        received on a telecommunications service or VOIP service;
            ``(3) the term `VOIP service' means a service that--
                    ``(A) provides real-time 2-way voice communications 
                transmitted using Internet Protocol, or a successor 
                protocol;
                    ``(B) 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
                    ``(C) has the capability to originate traffic to, 
                or terminate traffic from, the public switched 
                telephone network or a successor network;
            ``(4) the term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States; and
            ``(5) a term used in a definition in this subsection has 
        the meaning given that 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:

``1040. Caller ID spoofing.''.

SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR MONEY LAUNDERING.

    (a) Fraud and Related Activity in Connection With Electronic 
Mail.--Section 1956(c)(7)(D) of title 18, United States Code, is 
amended by inserting ``section 1037 (Fraud and related activity in 
connection with electronic mail),'' after ``1032''.
    (b) Caller ID Spoofing.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 1040 (Caller ID 
spoofing),'' before ``section 1111''.
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