[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2705

   To amend the Communications Act of 1934 to expand and clarify the 
  prohibition on inaccurate caller identification information and to 
     require providers of telephone service to offer technology to 
  subscribers to reduce the incidence of unwanted telephone calls and 
                 text messages, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2018

 Mr. Blumenthal (for himself, Mr. Markey, Mr. Wyden, Mr. Schumer, Ms. 
Baldwin, and Mr. Merkley) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to expand and clarify the 
  prohibition on inaccurate caller identification information and to 
     require providers of telephone service to offer technology to 
  subscribers to reduce the incidence of unwanted telephone calls and 
                 text messages, 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 ``Repeated Objectionable Bothering of 
Consumers on Phones Act'' or the ``ROBOCOP Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The incidence of unwanted telephone calls and text 
        messages is a nationwide nuisance.
            (2) The Federal Trade Commission received more than--
                    (A) 5,300,000 complaints about unwanted telephone 
                calls in fiscal year 2016; and
                    (B) 7,000,000 such complaints in fiscal year 2017.
            (3) Telephone scammers target vulnerable consumers, 
        particularly the elderly.
            (4) The national ``do-not-call'' registry has effectively 
        addressed unwanted telephone calls from legitimate companies, 
        but consumers continue to be subject to unwanted calls 
        originating from sources outside the United States and 
        illegitimate operators.
            (5) Telemarketing fraud cost consumers an estimated 
        $350,000,000 in 2011.
            (6) Existing Federal law is inadequate to address this 
        problem.
            (7) Preventing unwanted telephone calls and text messages 
        from reaching consumers requires 2 approaches:
                    (A) Identifying unwanted calls and text messages.
                    (B) Giving the consumers the ability to block or 
                filter unwanted calls and text messages.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Caller identification information; text message.--The 
        terms ``caller identification information'' and ``text 
        message'' have the meanings given those terms in section 227(a) 
        of the Communications Act of 1934 (47 U.S.C. 227(a)), as 
        amended by this Act.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.

SEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID 
              INFORMATION.

    (a) Text Messaging Service.--Section 227 of the Communications Act 
of 1934 (47 U.S.C. 227), as amended by section 503(a) of division P of 
the Consolidated Appropriations Act, 2018 (Public Law 115-141), is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (2), (3), (4), and 
                (5) as paragraphs (4), (5), (6), and (9), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) The term `caller identification information' means 
        information provided by a caller identification service 
        regarding the telephone number of, or other information 
        regarding the origination of--
                    ``(A) a call made using a voice service; or
                    ``(B) a text message sent using a text messaging 
                service.
            ``(3) The term `caller identification service'--
                    ``(A) 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--
                            ``(i) a call made using a voice service; or
                            ``(ii) a text message sent using a text 
                        messaging service; and
                    ``(B) includes automatic number identification 
                services.'';
                    (C) by inserting after paragraph (6), as so 
                redesignated, the following:
            ``(7) The term `text message'--
                    ``(A) means a real-time or near real-time digital 
                message consisting of text, images, sounds, or other 
                information that is transmitted from or received by a 
                device that is identified as the transmitting or 
                receiving device by means of a telephone number;
                    ``(B) includes--
                            ``(i) a short message service (commonly 
                        referred to as `SMS') message;
                            ``(ii) an enhanced message service 
                        (commonly referred to as `EMS') message; and
                            ``(iii) a multimedia message service 
                        (commonly referred to as `MMS') message; and
                    ``(C) does not include a real-time, 2-way voice or 
                video communication.
            ``(8) The term `text messaging service' means a service 
        that permits the transmission or receipt of a text message, 
        including a service provided as part of or in connection with a 
        telecommunications service or an IP-enabled voice service.''; 
        and
                    (D) by adding at the end the following:
            ``(10) The term `voice service'--
                    ``(A) means any service that--
                            ``(i) is interconnected with the public 
                        switched telephone network; and
                            ``(ii) furnishes voice communications to an 
                        end user using resources from the North 
                        American Numbering Plan or any successor to the 
                        North American Numbering Plan adopted by the 
                        Commission under section 251(e)(1); and
                    ``(B) includes transmissions from a telephone 
                facsimile machine, computer, or other device to a 
                telephone facsimile machine.''; and
            (2) in subsection (e)--
                    (A) by striking paragraph (8); and
                    (B) by redesignating paragraph (9) as paragraph 
                (8).
    (b) Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall prescribe regulations to 
implement the amendments made by this section.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date on which the 
Commission prescribes regulations under subsection (b).

SEC. 5. TECHNOLOGY REQUIREMENTS.

    (a) In General.--Section 227(d) of the Communications Act of 1934 
(47 U.S.C. 227(d)) is amended by adding at the end the following:
            ``(4) Technology offered by providers.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Originating provider.--The term 
                        `originating provider' means a provider of a 
                        voice service or text messaging service that 
                        permits a subscriber to originate a call or 
                        text message that may be transmitted on the 
                        public switched telephone network.
                            ``(ii) Receiving provider.--The term 
                        `receiving provider' means a provider of a 
                        voice service or text messaging service that 
                        permits a subscriber to receive a call or text 
                        message originating, or that may be 
                        transmitted, on the public switched telephone 
                        network.
                    ``(B) Requirements to offer technology.--
                            ``(i) Originating providers.--The 
                        Commission shall by regulation establish 
                        technical and procedural standards to require 
                        an originating provider to enable, for each 
                        subscriber of the provider and for no 
                        additional charge, technology that verifies, 
                        for any call or text message originated by the 
                        subscriber, that the caller identification 
                        information indicated for the call or text 
                        message accurately identifies the subscriber 
                        unless--
                                    ``(I) the call or text message is 
                                exempted, under regulations described 
                                in clause (ii) or (iii) of subsection 
                                (e)(3)(B), from the prohibition under 
                                subsection (e)(1); or
                                    ``(II) the subscriber requests that 
                                the originating provider not display 
                                caller identification that accurately 
                                identifies the subscriber for a call or 
                                text message originated by the 
                                subscriber, in which case the caller 
                                identification information shall state, 
                                `Caller ID Blocked'.
                            ``(ii) Receiving providers.--The Commission 
                        shall by regulation establish technical and 
                        procedural standards to require any receiving 
                        provider, for each subscriber of the provider 
                        and for no additional charge--
                                    ``(I) to enable, and to offer to 
                                the subscriber the option to disable, 
                                technology that--
                                            ``(aa) determines that an 
                                        incoming call or text message 
                                        is verified by the technology 
                                        enabled in accordance with 
                                        clause (i) as providing caller 
                                        identification information in 
                                        accordance with that clause, 
                                        whether by--

                                                    ``(AA) accurately 
                                                identifying the person 
                                                originating the call or 
                                                text message;

                                                    ``(BB) lawfully 
                                                providing misleading or 
                                                inaccurate caller 
                                                identification; or

                                                    ``(CC) displaying 
                                                `Caller ID Blocked'; or

                                            ``(bb) if an incoming call 
                                        or text message is not verified 
                                        as described in item (aa), 
                                        prevents the subscriber from 
                                        receiving the call or text 
                                        message;
                                    ``(II) to offer to the subscriber 
                                the option to enable technology that--
                                            ``(aa) identifies an 
                                        incoming call or text message 
                                        as originating or probably 
                                        originating from an automatic 
                                        telephone dialing system; and
                                            ``(bb) prevents the 
                                        subscriber from receiving a 
                                        call or text message identified 
                                        as described in item (aa) 
                                        unless--

                                                    ``(AA) the call or 
                                                text message is made or 
                                                sent by a public safety 
                                                entity, including a 
                                                public safety answering 
                                                point (as defined in 
                                                section 222(h)), 
                                                emergency operations 
                                                center, or law 
                                                enforcement agency; or

                                                    ``(BB) the 
                                                subscriber has provided 
                                                prior express consent 
                                                to receive the call or 
                                                text message and has 
                                                not revoked that 
                                                consent; and

                                    ``(III) to offer to the subscriber 
                                the ability to request that the 
                                receiving provider prevent the 
                                subscriber from receiving calls and 
                                text messages originating from a 
                                particular person.
                    ``(C) Commission oversight.--
                            ``(i) Appeals process relating to alleged 
                        autodialers.--The standards established under 
                        subparagraph (B)(ii)(II) shall provide for an 
                        appeals process under which--
                                    ``(I) a subscriber of an 
                                originating provider (referred to in 
                                this clause as the `originating 
                                subscriber') may notify the Commission 
                                that the technology offered under that 
                                subparagraph by a receiving provider 
                                is--
                                            ``(aa) incorrectly 
                                        identifying the calls or text 
                                        messages of the originating 
                                        subscriber as originating or 
                                        probably originating from an 
                                        automatic telephone dialing 
                                        system; or
                                            ``(bb) preventing other 
                                        subscribers from receiving 
                                        calls or text messages 
                                        originated by the originating 
                                        subscriber that are permitted 
                                        under item (bb) of that 
                                        subparagraph;
                                    ``(II) if the Commission finds that 
                                the circumstance about which the 
                                originating subscriber notified the 
                                Commission exists, the Commission shall 
                                take such action as is reasonably 
                                necessary to correct the circumstance; 
                                and
                                    ``(III) if the receiving provider 
                                is preventing a subscriber of the 
                                receiving provider (referred to in this 
                                clause as the `receiving subscriber') 
                                from receiving calls or text messages 
                                originated by the originating 
                                subscriber because the receiving 
                                subscriber has requested that 
                                prevention, whether directly or through 
                                a call-blocking service, the Commission 
                                may not require the receiving provider 
                                to stop preventing the calls or text 
                                messages unless the receiving 
                                subscriber provides affirmative 
                                consent.
                            ``(ii) Whitelisting.--
                                    ``(I) Request.--A subscriber that 
                                offers essential services (referred to 
                                in this clause as an `essential 
                                services subscriber') may request that 
                                the Commission require each receiving 
                                provider to allow subscribers of the 
                                receiving provider to receive calls or 
                                text messages originating from the 
                                essential services subscriber.
                                    ``(II) Grant.--If the Commission, 
                                through a rigorous vetting process 
                                using the unblocking system established 
                                under clause (iii), confirms the 
                                identity of an essential services 
                                subscriber described in subclause (I) 
                                of this clause, the Commission shall 
                                require each receiving provider to 
                                allow each subscriber of the receiving 
                                provider to receive calls or text 
                                messages originating from the essential 
                                services subscriber unless the 
                                subscriber of the receiving provider 
                                has requested under subparagraph 
                                (B)(ii)(III) that the receiving 
                                provider prevent the subscriber from 
                                receiving calls and text messages 
                                originating from that essential 
                                services subscriber.
                                    ``(III) Definition of essential 
                                services.--The Commission shall by 
                                regulation define the term `essential 
                                services' for purposes of this clause.
                            ``(iii) Unblocking system and database.--
                                    ``(I) In general.--In order to 
                                carry out this subparagraph and ensure 
                                that consumers are in control of the 
                                calls and text messages they receive, 
                                the Commission shall establish a 
                                nationwide unblocking system that 
                                includes a database, to be known as the 
                                `Unblocking Database', of subscribers 
                                whose identity the Commission has 
                                confirmed under clause (ii)(II).
                                    ``(II) Funding.--The Commission 
                                shall--
                                            ``(aa) assess a fee on any 
                                        subscriber that wishes to 
                                        participate in the nationwide 
                                        unblocking system; and
                                            ``(bb) use amounts 
                                        collected under item (aa) to 
                                        fund the operation of the 
                                        nationwide unblocking system.
                    ``(D) Private right of action.--
                            ``(i) In general.--A person aggrieved by a 
                        violation of the regulations prescribed under 
                        clause (i) or (ii) of subparagraph (B) may 
                        bring an action in an appropriate district 
                        court of the United States, or, if otherwise 
                        permitted by the laws or rules of court of a 
                        State, in an appropriate court of that State, 
                        to--
                                    ``(I) enjoin the violation; or
                                    ``(II) recover the greater of--
                                            ``(aa) actual damages; or
                                            ``(bb) $500 per violation.
                            ``(ii) Enhanced awards.--If the court finds 
                        in an action brought under clause (i) that the 
                        defendant willfully or knowingly violated the 
                        regulations described in that clause, the court 
                        may increase the amount of the award to an 
                        amount equal to not more than 3 times the 
                        amount available under subclause (II) of that 
                        clause.
                    ``(E) Rules of construction.--
                            ``(i) Prevention of calls or text 
                        messages.--For purposes of a regulation 
                        prescribed under this paragraph, a call or text 
                        message shall be considered to be prevented 
                        even if the call or text message is recorded or 
                        redirected in a manner that allows the called 
                        party or intended recipient to--
                                    ``(I) be notified of the attempt to 
                                make the call or send the text message; 
                                or
                                    ``(II) have access to--
                                            ``(aa) a message left by 
                                        the calling party; or
                                            ``(bb) the text message.
                            ``(ii) Blocking caller identification 
                        information.--Nothing in this paragraph may be 
                        construed to require an originating provider to 
                        prevent or restrict any person from blocking 
                        the capability of any caller identification 
                        service to transmit caller identification 
                        information.''.
    (b) Exemptions From Inaccurate Caller ID Prohibition.--Section 
227(e)(3)(B) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(B)) 
is amended by adding at the end the following:
                            ``(iii) Exemption process for legitimate 
                        need.--The regulations required under 
                        subparagraph (A) shall provide for a process 
                        under which a person may demonstrate that the 
                        person has a legitimate need to provide 
                        misleading or inaccurate information for 
                        certain calls or text messages, such as a call 
                        made or text message sent to conduct an 
                        activity of a domestic violence shelter or 
                        medical practice.''.
    (c) Actions by States.--Section 227(g)(1) of the Communications Act 
of 1934 (47 U.S.C. 227(g)(1)) is amended--
            (1) by inserting after ``regulations prescribed under this 
        section,'' the following: ``, a pattern or practice of failure 
        to provide the technology required under subsection 
        (d)(4)(A)(i) that threatens or adversely affects an interest of 
        such residents, or a pattern or practice of failure to provide 
        to such residents the technology or the options, as applicable, 
        required under subsection (d)(4)(A)(ii),''; and
            (2) by inserting after ``to enjoin such calls'' the 
        following: ``or such a failure''.
    (d) Regulations.--The Commission shall prescribe the regulations 
required under the amendments made by subsections (a) and (b) not later 
than 18 months after the date of enactment of this Act.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date on which the 
Commission prescribes regulations under subsection (d).

SEC. 6. INTENTIONAL INTERFERENCE WITH CALL-BLOCKING TECHNOLOGY.

    (a) In General.--Section 227 of the Communications Act of 1934 (47 
U.S.C. 227) is amended by adding at the end the following:
    ``(i) Intentional Interference With Call-Blocking Technology.--
            ``(1) In general.--It shall be unlawful for any person 
        within the United States, or any person outside the United 
        States if the recipient is within the United States, with the 
        intent to cause harm, to take any action that causes the 
        technology offered under subsection (d)(4)(A)(ii)(II) to--
                    ``(A) incorrectly identify calls or text messages 
                as originating or probably originating from an 
                automatic telephone dialing system; or
                    ``(B) prevent (as that term is used in subsection 
                (d)(4)) the called party from receiving a call, or the 
                intended recipient from receiving a text message--
                            ``(i) that is made or sent by a public 
                        safety entity, including a--
                                    ``(I) public safety answering point 
                                (as defined in section 222(h));
                                    ``(II) emergency operations center; 
                                or
                                    ``(III) law enforcement agency; or
                            ``(ii) to which the called party or 
                        intended recipient has provided prior express 
                        consent.
            ``(2) Penalties; actions by states.--Any person who 
        violates this subsection or the regulations prescribed under 
        this subsection shall be subject to the penalties under 
        paragraph (5) of subsection (e), and to actions by States under 
        paragraph (6) of that subsection, in the same manner and to the 
        same extent as if the person had violated that subsection or 
        the regulations prescribed under that subsection.''.
    (b) Deadline for Regulations.--The Commission shall prescribe 
regulations to implement subsection (i) of section 227 of the 
Communications Act of 1934 (47 U.S.C. 227), as added by this section, 
not later than 18 months after the date of enactment of this Act.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the date that is 180 days after the date on which the 
Commission prescribes regulations under subsection (b).

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to limit any authority of the Commission to determine that, 
for purposes of section 227 of the Communications Act of 1934 (47 
U.S.C. 227), a call includes a text message or any similar message.

SEC. 8. REPORTS TO CONGRESS.

    (a) Caller Name Falsification.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall, in consultation 
with the Federal Trade Commission, submit to Congress and make 
available on a public website a report containing the findings and 
conclusions of a study determining how to minimize the extent to which 
the names of persons making calls or sending text messages are 
falsified in caller identification name databases.
    (b) Technology Requirements.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, and every 4 years thereafter until the 
        date of termination described in paragraph (2), the Commission 
        shall submit to Congress and make available on a public website 
        a report that contains the following information:
                    (A) The extent to which subscribers continue to 
                receive calls or text messages with misleading or 
                inaccurate caller identification information (except 
                for calls or text messages exempted under clause (ii) 
                of section 227(e)(3)(B) of the Communications Act of 
                1934 (47 U.S.C. 227(e)(3)(B)) or clause (iii) of that 
                section (as added by section 5)), including a 
                quantitative assessment of the difference between the 
                number of complaints made to the Commission regarding 
                such calls and text messages--
                            (i) before the effective date of the 
                        regulations required under paragraph (4)(B) of 
                        section 227(d) of that Act, as added by section 
                        5; and
                            (ii) after the effective date described in 
                        clause (i).
                    (B) The extent to which subscribers that choose to 
                enable technology offered under paragraph 
                (4)(B)(ii)(II) of section 227(d) of the Communications 
                Act of 1934 (47 U.S.C. 227(d)), as added by section 5, 
                continue to receive calls or text messages originating 
                from an automatic telephone dialing system (except for 
                calls or text messages from a public safety entity and 
                calls or text messages to which subscribers have 
                provided prior express consent), including a 
                quantitative assessment of the difference between the 
                number of complaints made to the Commission regarding 
                such calls and text messages--
                            (i) before the effective date of the 
                        regulations required under that paragraph; and
                            (ii) after the effective date described in 
                        clause (i).
                    (C) An assessment of--
                            (i) whether the standards set forth in the 
                        regulations required under paragraph (4)(B) of 
                        section 227(d) of the Communications Act of 
                        1934 (47 U.S.C. 227(d)), as added by section 5, 
                        have been successful in reducing the number of 
                        the calls and text messages described in each 
                        of subparagraphs (A) and (B) of this paragraph 
                        received by subscribers; and
                            (ii) whether there have been any problems 
                        with the standards described in clause (i) or 
                        the technology required by those standards, 
                        such as the prevention of calls or text 
                        messages--
                                    (I) from public safety entities; or
                                    (II) to which subscribers have 
                                provided prior express consent.
                    (D) Any recommendations for legislative or 
                regulatory action to improve the standards described in 
                subparagraph (C).
            (2) Termination.--The date of termination described in this 
        paragraph is the date on which the Commission, in consultation 
        with the Federal Trade Commission, determines that the report 
        required under paragraph (1) is no longer necessary because of 
        a substantial reduction in the number of calls and text 
        messages described in each of subparagraphs (A) and (B) of that 
        paragraph.
                                 <all>