IIB 111th CONGRESS 1st Session H. R. 1110 IN THE SENATE OF THE UNITED STATES December 16, 2009 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend title 18, United States Code, to prevent caller ID spoofing, and for other purposes.

1.

Short title

This Act may be cited as the Preventing Harassment through Outbound Number Enforcement Act of 2009 or the PHONE Act of 2009.

2.

Caller ID spoofing

(a)

In general

Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

1041.

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 wrongfully to obtain anything of value; or (2)caller ID information pertaining to an actual person or other entity without that person’s or entity’s consent and with intent to deceive any person or other entity about the identity of the caller; shall be punished as provided in subsection (b).(b)

Punishment

Whoever violates subsection (a) shall— (1)if the offense is a violation of subsection (a)(1), be fined under this title or imprisoned not more than 5 years, or both; and (2)if the offense is a violation of subsection (a)(2), be fined under this title or imprisoned not more than one year, or both. (c)

Law enforcement exception

This section does not prohibit 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 any identifying information regarding the origination of a telephone call, including the name or the telephone number of the caller, that is transmitted with the telephone call; (2)the term telephone call means a call made or received using any real time voice communications service, regardless of the technology or network used; and (3)the term State includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

. (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: 1041. Caller ID spoofing. .

3.

Other specified unlawful activities for money laundering

Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting section 1037 (relating to fraud and related activity in connection with electronic mail), section 1041 (relating to caller ID spoofing), before section 1111.

Passed the House of Representatives December 16, 2009. Lorraine C. Miller, Clerk.