[Congressional Record Volume 156, Number 23 (Tuesday, February 23, 2010)]
[Senate]
[Pages S713-S714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRUTH IN CALLER ID ACT OF 2009
Mr. REID. I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 194, S. 30.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 30) to amend the Communications Act of 1934 to
prohibit manipulation of caller identification information.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the Rockefeller
amendment which is at the desk be agreed to, the bill as amended be
read a third time and passed, the motion to reconsider be laid on the
table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3325) was agreed to, as follows:
(Purpose: To revise the provision relating to the effect of the new
subsection on other laws)
On page 3, beginning with line 23, strike through line 7 on
page 4.
On page 8, between lines 17 and 18, insert the following:
``(7) Effect on other laws.--This subsection does not
prohibit any 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.
On page 8, line 18, strike ``(7)'' and insert ``(8)''.
On page 9, line 18, strike ``(8)'' and insert ``(9)''.
The bill, as amended, was ordered to be engrossed for a third
reading, was read the third time, and passed, as follows:
S. 30
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 ``Truth in Caller ID Act of
2009''.
SEC. 2. 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 Inaccurate Caller
Identification Information.--
``(1) In general.--It shall be unlawful for any person
within the United States, in connection with any
telecommunications service or IP-enabled voice service, to
cause any caller identification service to knowingly transmit
misleading or inaccurate caller identification information
with the intent to defraud, cause harm, or wrongfully obtain
anything of value, unless such transmission is exempted
pursuant to paragraph (3)(B).
``(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) In general.--Not later than 6 months after the date
of enactment of the Truth in Caller ID Act of 2009, the
Commission shall prescribe regulations to implement this
subsection.
``(B) Content of regulations.--
``(i) In general.--The regulations required under
subparagraph (A) shall include such exemptions from the
prohibition under paragraph (1) as the Commission determines
is appropriate.
``(ii) Specific exemption for law enforcement agencies or
court orders.--The regulations required under subparagraph
(A) shall exempt from the prohibition under paragraph (1)
transmissions in connection with--
``(I) any authorized activity of a law enforcement agency;
or
``(II) a court order that specifically authorizes the use
of caller identification manipulation.
``(4) Report.--Not later than 6 months after the enactment
of the Truth in Caller ID Act of 2009, the Commission shall
report to Congress whether additional legislation is
necessary to prohibit the provision of inaccurate caller
identification information in technologies that are successor
or replacement technologies to telecommunications service or
IP-enabled voice service.
``(5) Penalties.--
``(A) Civil forfeiture.--
``(i) In general.--Any person that is determined by the
Commission, in accordance with paragraphs (3) and (4) of
section 503(b), to have violated this subsection shall be
liable to the United States for a forfeiture penalty. A
forfeiture penalty under this paragraph shall be in addition
to any other penalty provided for by this Act. The amount of
the forfeiture penalty determined under this paragraph shall
not exceed $10,000 for each violation, or 3 times that amount
for each day of a continuing violation, except that the
amount assessed for any continuing violation shall not exceed
a total of $1,000,000 for any single act or failure to act.
``(ii) Recovery.--Any forfeiture penalty determined under
clause (i) shall be recoverable pursuant to section 504(a).
``(iii) Procedure.--No forfeiture liability shall be
determined under clause (i) against any person unless such
person receives the notice required by section 503(b)(3) or
section 503(b)(4).
[[Page S714]]
``(iv) 2-year statute of limitations.--No forfeiture
penalty shall be determined or imposed against any person
under clause (i) if the violation charged occurred more than
2 years prior to the date of issuance of the required notice
or notice or apparent liability.
``(B) Criminal fine.--Any person who willfully and
knowingly violates this subsection shall upon conviction
thereof be fined not more than $10,000 for each violation, or
3 times that amount for each day of a continuing violation,
in lieu of the fine provided by section 501 for such a
violation. This subparagraph does not supersede the
provisions of section 501 relating to imprisonment or the
imposition of a penalty of both fine and imprisonment.
``(6) Enforcement by states.--
``(A) In general.--The chief legal officer of a State, or
any other State officer authorized by law to bring actions on
behalf of the residents of a State, may bring a civil action,
as parens patriae, on behalf of the residents of that State
in an appropriate district court of the United States to
enforce this subsection or to impose the civil penalties for
violation of this subsection, whenever the chief legal
officer or other State officer has reason to believe that the
interests of the residents of the State have been or are
being threatened or adversely affected by a violation of this
subsection or a regulation under this subsection.
``(B) Notice.--The chief legal officer or other State
officer shall serve written notice on the Commission of any
civil action under subparagraph (A) prior to initiating such
civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except
that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice immediately
upon instituting such civil action.
``(C) Authority to intervene.--Upon receiving the notice
required by subparagraph (B), the Commission shall have the
right--
``(i) to intervene in the action;
``(ii) upon so intervening, to be heard on all matters
arising therein; and
``(iii) to file petitions for appeal.
``(D) Construction.--For purposes of bringing any civil
action under subparagraph (A), nothing in this paragraph
shall prevent the chief legal officer or other State officer
from exercising the powers conferred on that officer by the
laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other
evidence.
``(E) Venue; service or process.--
``(i) Venue.--An action brought under subparagraph (A)
shall be brought in a district court of the United States
that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code.
``(ii) Service of process.--In an action brought under
subparagraph (A)--
``(I) process may be served without regard to the
territorial limits of the district or of the State in which
the action is instituted; and
``(II) a person who participated in an alleged violation
that is being litigated in the civil action may be joined in
the civil action without regard to the residence of the
person.
``(7) Effect on other laws.--This subsection does not
prohibit any 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.
``(8) Definitions.--For purposes of this subsection:
``(A) Caller identification information.--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 call
made using a telecommunications service or IP-enabled voice
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 IP-enabled voice service. Such term includes
automatic number identification services.
``(C) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given that term by section 9.3 of
the Commission's regulations (47 C.F.R. 9.3), as those
regulations may be amended by the Commission from time to
time.
``(9) Limitation.--Notwithstanding any other provision of
this section, subsection (f) shall not apply to this
subsection or to the regulations under this subsection.''.
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