Prohibition regarding manipulation of caller ID 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 ID information

(1)

In general

It shall be unlawful for any person within the United States, in connection with any real time voice communications service, regardless of the technology or network utilized, to cause any caller ID service to transmit misleading or inaccurate caller ID information, with the intent to defraud or deceive. (2)

Protection for blocking caller ID information

Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information. (3)

Regulations

(A)

Deadline

Not later than 6 months after the date of 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), the Commission shall examine whether the regulations under subsection (b)(2)(B) should be revised to require calls that are not made for a commercial purpose to residential telephone lines using an artificial or prerecorded voice to deliver a message to transmit caller ID information that is not misleading or inaccurate. (4)

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 title 18, United States Code. (5)

Savings provision

Except as provided for in 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 ID 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 ID information

The term caller ID information means information provided to an end user by a caller ID service regarding the name or the telephone number of the caller or other information regarding the origination of a call made using any real time voice communications service, regardless of the technology or network utilized. (B)

Caller ID service

The term caller ID service means any service or device designed to provide the user of the service or device with the name or the telephone number of the caller or other information regarding the origination of a call made using any real time voice communications service, regardless of the technology or network utilized. Such term includes automatic number identification services.