[Congressional Record Volume 163, Number 8 (Thursday, January 12, 2017)]
[Senate]
[Pages S317-S319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON (for himself, Mrs. Fischer, Ms. Klobuchar, and Mr. 
        Blunt):
  S. 134. A bill to expand the prohibition on misleading or inaccurate 
caller identification information, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. NELSON. Mr. President, fraudulent and abusive phone scams plague 
thousands of Americans each year. These deceitful practices cause 
serious financial harm to victims, and have even led to tragedy in a 
few cases. Both the Committee on Commerce, Science, and Transportation, 
where I serve as Ranking Member, and the Special Committee on Aging, 
where I previously served as Chairman, have explored the continuing 
severe impact of these scams. Consumers continue to lose millions of 
dollars each year to fraudulent phone scams, many of which originate 
from other countries. And the impacts of these scams are very real to 
the consumers who suffer. According to an October 2015 press report 
from CNN, one poor soul took his life earlier that year after being 
tricked into spending thousands of dollars in a vain attempt to collect 
on his winnings in the Jamaican lottery--winnings that were non-
existent because it was all a scam perpetrated by phone-based 
fraudsters.
  Nearly all of us have trained ourselves to ignore phone calls and 
text messages from numbers that are not familiar to us. But these 
sophisticated scammers know that--and have changed their tactics. 
Scammers today impersonate government institutions, promote fraudulent 
lottery schemes, and tailor their calls to individuals in order to 
coerce victims into paying large sums of money. Many scammers use 
spoofing technology to manipulate caller ID information and trick 
consumers into believing that these calls are local or come from 
trusted institutions.
  In 2009, I introduced the Truth in Caller ID Act to prohibit caller 
ID spoofing when it is used to defraud or harm consumers. That law 
provided important tools for law enforcement and the Federal 
Communications Commission, FCC, to go after fraudsters and crack down 
on these phone scams. I was pleased when my Congressional colleagues 
joined with me to pass that legislation and the President signed it 
into law. This was a huge win for consumers and the first step toward 
ending these abusive practices.
  Recognizing the pace at which phone scam technologies evolve, the law 
directed the FCC to prepare a report to Congress outlining what 
additional tools were needed to curb other forms of spoofing. In 2011, 
the agency provided its recommendations to Congress on how to update 
the law to keep pace with new spoofing practices, such as text 
messaging scams.
  The bill Senators Fischer, Klobuchar, Blunt and I have introduced 
today responds to the FCC's recommendations and builds on the 2010 Act 
to ensure the law keeps up with these spoofing scams. As these scams 
become increasingly sophisticated, we need to make sure that consumer 
protections and tools for law enforcement

[[Page S318]]

keep up. That is why this legislation is so important.
  The Spoofing Prevention Act of 2017 would extend the current 
prohibition on caller ID spoofing to text messages, calls coming from 
outside the United States, and calls from all forms of Voice over 
Internet Protocol services.
  Additionally, for the first time, this bill would ensure consumers 
have access to information on a centralized FCC website about current 
technologies and other tools available to protect themselves against 
spoofing scams.
  Finally, the Act directs the Government Accountability Office, GAO, 
to conduct a study to assess government and private sector work being 
done to curb spoofing scams, as well as what new measures, including 
technological solutions, could be taken to prevent spoofed calls from 
the start. I know industry, in cooperation with the FCC through its 
Robocall Strike Force, already is making great strides in this area, 
and I would expect the GAO to review that work closely.
  I urge my colleagues to join Senators Fischer, Klobuchar, Blunt, and 
me in supporting the Spoofing Prevention Act of 2016 to ensure that law 
enforcement and consumers have the updated tools they need to protect 
against this fraudulent activity. And make no mistake, I will press the 
FCC to continue to use its full authority under the Truth in Caller ID 
Act to stop these scams, including consideration of technical 
solutions--like call authentication--to protect consumers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 134

       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 ``Spoofing Prevention Act of 
     2017''.

     SEC. 2. DEFINITION.

       In this Act, the term ``Commission'' means the Federal 
     Communications Commission.

     SEC. 3. SPOOFING PREVENTION.

       (a) Expanding and Clarifying Prohibition on Misleading or 
     Inaccurate Caller Identification Information.--
       (1) Communications from outside the united states.--Section 
     227(e)(1) of the Communications Act of 1934 (47 U.S.C. 
     227(e)(1)) is amended by striking ``in connection with any 
     telecommunications service or IP-enabled voice service'' and 
     inserting ``or any person outside the United States if the 
     recipient of the call is within the United States, in 
     connection with any voice service or text messaging 
     service''.
       (2) Coverage of text messages and voice services.--Section 
     227(e)(8) of the Communications Act of 1934 (47 U.S.C. 
     227(e)(8)) is amended--
       (A) in subparagraph (A), by striking ``telecommunications 
     service or IP-enabled voice service'' and inserting ``voice 
     service or a text message sent using a text messaging 
     service'';
       (B) in the first sentence of subparagraph (B), by striking 
     ``telecommunications service or IP-enabled voice service'' 
     and inserting ``voice service or a text message sent using a 
     text messaging service''; and
       (C) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Text message.--The term `text message'--
       ``(i) means a 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 10-digit telephone number;
       ``(ii) includes a short message service (commonly referred 
     to as `SMS') message, an enhanced message service (commonly 
     referred to as `EMS') message, and a multimedia message 
     service (commonly referred to as `MMS') message; and
       ``(iii) does not include a real-time, 2-way voice or video 
     communication.
       ``(D) Text messaging service.--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 voice service.
       ``(E) Voice service.--The term `voice service'--
       ``(i) means any service that 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
       ``(ii) includes transmissions from a telephone facsimile 
     machine, computer, or other device to a telephone facsimile 
     machine.''.
       (3) Technical amendment.--Section 227(e) of the 
     Communications Act of 1934 (47 U.S.C. 227(e)) is amended in 
     the heading by inserting ``Misleading or'' before 
     ``Inaccurate''.
       (4) Regulations.--
       (A) In general.--Section 227(e)(3)(A) of the Communications 
     Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking 
     ``Not later than 6 months after the date of enactment of the 
     Truth in Caller ID Act of 2009, the Commission'' and 
     inserting ``The Commission''.
       (B) Deadline.--The Commission shall prescribe regulations 
     to implement the amendments made by this subsection not later 
     than 18 months after the date of enactment of this Act.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is 6 months after the date 
     on which the Commission prescribes regulations under 
     paragraph (4).
       (b) Consumer Education Materials on How to Avoid Scams That 
     Rely Upon Misleading or Inaccurate Caller Identification 
     Information.--
       (1) Development of materials.--Not later than 1 year after 
     the date of enactment of this Act, the Commission, in 
     collaboration with the Federal Trade Commission, shall 
     develop consumer education materials that provide information 
     about--
       (A) ways for consumers to identify scams and other 
     fraudulent activity that rely upon the use of misleading or 
     inaccurate caller identification information; and
       (B) existing technologies, if any, that a consumer can use 
     to protect against such scams and other fraudulent activity.
       (2) Contents.--In developing the consumer education 
     materials under paragraph (1), the Commission shall--
       (A) identify existing technologies, if any, that can help 
     consumers guard themselves against scams and other fraudulent 
     activity that rely upon the use of misleading or inaccurate 
     caller identification information, including--
       (i) descriptions of how a consumer can use the technologies 
     to protect against such scams and other fraudulent activity; 
     and
       (ii) details on how consumers can access and use the 
     technologies; and
       (B) provide other information that may help consumers 
     identify and avoid scams and other fraudulent activity that 
     rely upon the use of misleading or inaccurate caller 
     identification information.
       (3) Updates.--The Commission shall ensure that the consumer 
     education materials required under paragraph (1) are updated 
     on a regular basis.
       (4) Website.--The Commission shall include the consumer 
     education materials developed under paragraph (1) on its 
     website.
       (c) GAO Report on Combating the Fraudulent Provision of 
     Misleading or Inaccurate Caller Identification Information.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study of the actions the Commission 
     and the Federal Trade Commission have taken to combat the 
     fraudulent provision of misleading or inaccurate caller 
     identification information, and the additional measures that 
     could be taken to combat such activity.
       (2) Required considerations.--In conducting the study under 
     paragraph (1), the Comptroller General shall examine--
       (A) trends in the types of scams that rely on misleading or 
     inaccurate caller identification information;
       (B) previous and current enforcement actions by the 
     Commission and the Federal Trade Commission to combat the 
     practices prohibited by section 227(e)(1) of the 
     Communications Act of 1934 (47 U.S.C. 227(e)(1));
       (C) current efforts by industry groups and other entities 
     to develop technical standards to deter or prevent the 
     fraudulent provision of misleading or inaccurate caller 
     identification information, and how such standards may help 
     combat the current and future provision of misleading or 
     inaccurate caller identification information; and
       (D) whether there are additional actions the Commission, 
     the Federal Trade Commission, and Congress should take to 
     combat the fraudulent provision of misleading or inaccurate 
     caller identification information.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on the findings of the 
     study conducted under paragraph (1), including any 
     recommendations regarding combating the fraudulent provision 
     of misleading or inaccurate caller identification 
     information.
       (d) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     modify, limit, or otherwise affect any rule or order adopted 
     by the Commission in connection with--
       (1) the Telephone Consumer Protection Act of 1991 (Public 
     Law 102-243; 105 Stat. 2394) or the amendments made by that 
     Act; or
       (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).

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