[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H576-H579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       ANTI-SPOOFING ACT OF 2017

  Mrs. BLACKBURN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 423) to amend the Communications Act of 1934 to expand and 
clarify the prohibition on provision of misleading or inaccurate caller 
identification information, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 423

       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 ``Anti-Spoofing Act of 2017''.

     SEC. 2. 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 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 to or from a device 
     that is identified as the receiving or transmitting device by 
     means of a 10-digit telephone number or N11 service code;
       ``(ii) includes a short message service (commonly referred 
     to as `SMS') message and a multimedia message service 
     (commonly referred to as `MMS') message; and
       ``(iii) does not include--

       ``(I) a real-time, two way voice or video communication; or
       ``(II) a message sent over an IP-enabled messaging service 
     to another user of the same messaging service, except a 
     message described in clause (ii).

       ``(D) Text messaging service.--The term `text messaging 
     service' means a service that enables 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 is interconnected with the 
     public switched telephone network and 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 
     coordination 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 Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the findings of the

[[Page H577]]

     study 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.).
       (e) Commission Defined.--In this section, the term 
     ``Commission'' means the Federal Communications Commission.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Tennessee (Mrs. Blackburn) and the gentleman from Pennsylvania (Mr. 
Michael F. Doyle) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Tennessee.


                             General Leave

  Mrs. BLACKBURN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Tennessee?
  There was no objection.
  Mrs. BLACKBURN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 423, the Anti-Spoofing Act of 2017. Today 
we are considering a very worthy piece of legislation, which has been 
introduced in each of the last two Congresses by Vice Chairman Barton, 
Vice Chairman Lance, and Representative Meng. All of them have put a 
lot of hard work into this bill, and I thank each of them for their 
dedication in pursuing a much-needed update to the Truth In Caller ID 
Act.
  Spoofing is the act of altering the number that will appear on the 
receiving end of the caller ID. It is a trick that has been around for 
more than a decade. Spoofing provides a false identity to bad actors 
and criminals who seek to harass and defraud our hardworking taxpayers, 
oftentimes through various scams.
  Sometimes the scams are elaborate, and other times they are simple. 
But these schemes are all petty; and once carried out, they are 
criminal. Spoofing lets the bad guys disguise their identity and will 
often pose as official entities, such as credit card companies, 
hospitals, and government agencies to target their unsuspecting 
victims. These crooks regularly target seniors and use intimidation 
tactics to extract personal and financial information.
  The FCC has the authority to levy penalties and criminal fines 
against individuals that use fake caller ID information for the purpose 
of defrauding or harming another. However, current law only covers 
traditional voice calls. While this was considered a good fix when it 
was enacted in 2009, the Truth in Caller ID Act no longer sufficiently 
protects consumers. New communication methods and an evolving consumer 
trend towards text messaging have left the law with significant holes 
for the fraudsters to fly through and avoid prosecution.
  H.R. 423 would extend and clarify provisions of the Truth in Caller 
ID Act to include text messages and Voice over Internet Protocol 
services and would also apply the penalties to violators outside of the 
United States.
  The bill would also seek to make it more challenging for those using 
fake caller ID information. In the past, you needed to have advanced 
skills and expensive equipment in order to spoof. Nowadays, it isn't 
hard. All someone needs to have is a smartphone and access to any of 
the various apps on the market that can instantly generate a fake 
caller ID.
  This is another classic case where technology has outpaced the laws 
that govern it. We will never be able to legislate ahead of technology 
advancement, nor should we try to do so. But when we find areas where 
legislation can help shield our consumers and hold the bad guys 
accountable, it is incumbent on us to act.
  I believe that the legislation we are considering today is a good 
next step in our pursuit of stronger protection for our consumers. This 
bill will not prevent spoofing and it will not make our constituents 
invincible from the related scams and harassment, but what this bill 
does is important. By updating the law to more accurately reflect 
today's environment, we will be equipped to hold violators subject to 
the penalty of law.
  I urge all of my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself 
such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 423, the Anti-Spoofing Act, 
introduced by Representative Meng as well as Representative Barton of 
Texas and Representative Lance of New Jersey.
  Consumers should feel safe knowing that the caller ID information 
they see when they answer the phone is accurate. Unfortunately, 
fraudsters use misleading caller ID numbers every day to trick 
consumers into handing over sensitive information.
  Americans, from young people to senior citizens, are misled by crooks 
using a fake caller identification into thinking they are being 
connected to a trusted institution. This practice known as spoofing 
contributes to the millions of identity theft cases in our country each 
year and so many other forms of fraud.
  Under the law today, it is already illegal for scammers to use fake 
caller ID information for regular voice calls. This legislation expands 
that band to text messages and to calls coming in from overseas. That 
just makes sense.
  It is a bipartisan bill. It passed last Congress on a vote of 382-5.
  I urge my colleagues to stand up for consumers and strengthen 
spoofing protection. It is time for us to pass the Anti-Spoofing Act.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. BLACKBURN. Mr. Speaker, I include in the Record the committee 
report for this legislation from the last Congress.

                  H.R. 423, Anti-Spoofing Act of 2017


                  background and need for legislation

       Spoofing is a practice in which a phone number shown on a 
     phone or caller identification device is deliberately 
     falsified, often to portray an official entity such as a 
     government agency or credit card company, typically with 
     malicious intent. Spoofing is a commonly used tool for a 
     number of illegal practices, including phishing for personal 
     information and swatting--calling in a fictitious crime in 
     progress in order to generate a police response. The original 
     Truth in Caller ID Act of 2009 prohibits spoofing voice 
     caller identification. However, as communications methods and 
     consumer habits continue to evolve, so too do the attempts by 
     third parties to fraudulently gain personal information for 
     criminal use. Many Americans are now relying on text 
     messaging to stay connected, and this method of communication 
     has become a target for spoofing in much the same way voice 
     calls have been.
       H.R. 423 extends the provisions of the Truth in Caller ID 
     Act to include text messaging as well as Voice over Internet 
     Protocol services. The legislation, introduced by Rep. 
     Barton, Rep. Lance, and Rep. Meng, also addresses the growth 
     of services that allow users to knowingly transmit misleading 
     or inaccurate caller identification information by adding a 
     definition of ``spoofing service'' to the Truth in Caller ID 
     Act.
       In amending H.R. 423, the Committee significantly changed 
     the definitions of ``text message'' and ``text messaging 
     service.'' The changes are designed to exclude from these 
     definitions those online messaging services that use 
     traditional telephone numbers for the purpose of identifying 
     a user's account, just as other online services may use an 
     email address or username for a similar purpose. The excluded 
     services do not use telephone numbers to interconnect with 
     the public switched telephone network or enable communication 
     with individuals who do not subscribe to the same messaging 
     service. The Committee intends the Commission to devise its 
     rules using the meanings set forth in the legislation. 
     ``Short message service'' and ``multimedia message service'' 
     should be narrowly interpreted consistent with current 
     industry standards (see, e.g., ETSI, Technical Specification, 
     3GPP TS 23.040 version 12.2.0 Release 12, ETSI TS 123 040 
     v12.2.0 (Oct. 2014), available at www.etsi.org).
       The Committee takes notice of the fact that the language 
     set forth in the version of H.R. 423, as ordered reported, is 
     identical to the text relating to the same subject contained 
     in S. 253, the Communications Act Update Act of 2016, as 
     passed by the U.S. House of Representatives, on September 27, 
     2016. The House passed S. 253, as amended, by unanimous 
     consent. The foregoing discussion should therefore serve as 
     an explanation of that bill's provisions for purposes of 
     legislative history.


             section-by-section analysis of the legislation

       Section 1. Short title
       This section provides that the Act may be cited as the 
     ``Anti-Spoofing Act of 2017''.
       Section 2. Spoofing prevention

[[Page H578]]

       This section amends the Communications Act to expand the 
     Truth in Caller Act to include text messaging services, as 
     well as communications from outside of the United States. 
     This section defines the terms ``text message,'' ``text 
     messaging service,'' and ``voice service.''
       This section also requires the Commission, in coordination 
     with the Federal Trade Commission, to develop consumer 
     education materials regarding caller ID scams and 
     technologies that can help consumers protect themselves 
     against fraudulent activity.
       This section also requires a Government Accountability 
     Office report on the actions taken by the Federal 
     Communications Commission and FTC to combat caller ID fraud.

  Mrs. BLACKBURN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Carter), a new member of the Energy and Commerce 
Committee.
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R. 
423, the Anti-Spoofing Act of 2017, because it addresses the issue of 
call spoofing and the impact that these deceitful callers are having on 
Americans.
  Every day, millions of Americans are hit with calls using a 
fraudulent caller ID profile and with impersonators on the other end of 
the line. These con artists are able to disguise their real number in 
an effort to convince unsuspecting victims that they are a 
representative from a government agency, financial company, healthcare 
system, or other organizations that may request information to contact 
someone. An example of a common call is someone saying they are calling 
from the IRS and are asking for personal information over the phone. 
This has got to stop.
  Representatives Meng, Barton, and Lance have again introduced this 
legislation to prevent these criminals from further victimizing 
hardworking Americans.
  We have a real opportunity to combat this growing tactic and protect 
those in our communities who are the most vulnerable.
  I applaud the Energy and Commerce Committee for their continued 
effort to protect Americans from criminal behavior and in updating such 
important policy measures. Last Congress, this legislation passed the 
House with an overwhelming vote of 382-5 in support.
  I urge my colleagues to support H.R. 423 because we have an 
opportunity to fix a growing problem in our country and to cut down on 
fraud.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield such time 
as she may consume to the gentlewoman from New York (Ms. Meng), the 
primary sponsor of the Anti-Spoofing Act.
  Ms. MENG. Mr. Speaker, I rise today to speak in strong support of my 
bill, H.R. 423, the Anti-Spoofing Act of 2017.
  I am honored to have authored this bill with Congressman Barton and 
Congressman Lance once again, and I thank Amy Murphy and Ryan Farrell 
of their respective staffs for working so closely with mine. I also 
thank the COMET Civic Association from my district for first bringing 
this problem to my attention.
  This legislation seeks to combat spoofing, which is when phone call 
recipients are tricked into answering the phone due to inaccurate 
caller ID information. Criminals have used this technique to scam 
thousands of Americans and steal millions of dollars. Recent spoofing 
attempts have included scam artists pretending to be sheriff's offices, 
hospitals, and even the IRS. The bill before us this afternoon expands 
spoofing protections to calls that originate outside of the country as 
well as text messages.
  It is often stated that a measure of a society is how it treats its 
most vulnerable. Almost every day, I receive new reports of spoofing 
that harm the most vulnerable in my district, including immigrants, 
seniors, veterans, and those in need of help from law enforcement. That 
is why this legislation is endorsed by senior citizens, law 
enforcement, and consumer protection groups.
  The Anti-Spoofing Act of 2017 is a bipartisan bill. It passed the 
House in both the 113th and 114th Congresses under suspension of the 
rules, and it is my sincere hope that this bill will continue to be 
noncontroversial and that we will do everything in our power to combat 
telephone scams against our constituents.
  In closing, I thank Representatives Blackburn and Doyle for their 
support this afternoon, as well as Energy and Commerce Chairman Walden 
and Ranking Member Pallone. Without their support, this legislation 
would not be on the floor.
  I urge the Senate to quickly take up this legislation.
  I urge all of my colleagues in this Chamber to support it once again.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I do not have any 
other speakers.
  I yield back the balance of my time.
  Mrs. BLACKBURN. Mr. Speaker, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Lance).
  Mr. LANCE. Mr. Speaker, I rise in strong support of this bill, H.R. 
423, the Anti-Spoofing Act. I am a proud sponsor of this with 
Congresswoman Meng and Congressman Barton, and I commend them for their 
leadership on this issue.
  Caller ID spoofing occurs when a scammer calls and attempts to 
disguise his or her identity by manipulating the recipient caller's 
caller ID display. The scammer may be posing as an IRS agent, a police 
officer, or a representative from another governmental agency. After 
tricking people in picking up the line, the criminal then attempts to 
entice the other person to giving up personal information.
  To date, hundreds of thousands, perhaps even millions, have been 
defrauded, including veterans, immigrants, and senior citizens. In 
Somerset County, New Jersey, a county which I represent here in the 
House, scammers cloned the telephone number of the county sheriff's 
office and impersonated the sheriff's staff in an effort to steal 
residents' personal information.
  This problem has gotten out of control. Millions of Americans 
continue to get ripped off by con artists and scammers who perpetuate 
this despicable crime.
  Since Congress passed the Truth in Caller ID Act in 2009, new 
technologies have enabled these criminals to scam consumers with 
increased ease and efficiency.
  This legislation is one step forward to ensure that governmental 
policies keep up with these criminals. This disgraceful practice must 
end, and this consumer protection legislation goes a long way toward 
accomplishing that critical goal.
  The bill has been passed through the House twice before, as 
Congresswoman Meng has just said. And after collaboration with our 
colleagues in the Senate, we now have secured enough support to see 
that this commonsense consumer protection legislation will advance. I 
hope it advances in the 115th Congress as quickly as possible and I 
hope it reaches our new President's desk as quickly as possible.

                              {time}  1630

  Mrs. BLACKBURN. Mr. Speaker, I have no further speakers. I yield back 
the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 423, the 
``Anti-Spoofing Act of 2017,'' which amends the Communications Act of 
1934, to make it unlawful to cause a caller identification service to 
knowingly transmit inaccurate caller identification information with 
the intent to: defraud, cause harm, or wrongfully obtain anything of 
value.
  Spoofing is a practice in which a phone number shown on a phone or 
caller identification device deliberately is falsified.
  Spoofing is a commonly used tool for a number of illegal practices, 
including ``phishing'' for personal information and ``swatting''--
calling in a fictitious crime in progress in order to generate-a-police 
response.
  The Truth in Caller ID Act of 2009 prohibits spoofing of voice caller 
identification information; however, as communications methods and 
consumer habits continue to evolve, so do the attempts by third parties 
to gain personal information for criminal use.
  Many Americans now rely on text messaging to stay connected.
  According to CTIA, in 2015, Americans sent over 156 billion text 
messages per month.
  H.R. 423, the Anti-Spoofing Act, will extend the provisions of the 
Truth in Caller ID Act to include text messaging and text messaging 
services.
  The legislation adds a definition of ``spoofing service'' to the 
statute, addressing the growth of services that allows a user to 
knowingly transmit misleading or inaccurate caller identification 
information.
  In addition, it extends the prohibitions to any person or service 
placing an international call to a recipient within the United States.
  Additionally, H.R. 423 will revise the definitions of ``caller 
identification information'' and

[[Page H579]]

``caller identification service'' to include text messages sent using a 
text messaging service.
  It defines ``text message'' as real-time messages consisting of text, 
images, sounds, or other information transmitted from or received by a 
device identified by a telephone number.
  It also includes in the definition both, real-time and two-way voice 
or video communications, addressing the emerging law enforcement issue 
of ``swatting'' by which people can purposefully misdirect valuable, 
police efforts and resources.
  This bill takes the right approach targeting behavior, while 
protecting innovations that are important to the digital economy.
  As the Ranking Member of the Judiciary Subcommittee on Crime, I 
understand the vital need to safeguard against caller identification 
spoofing.
  For example, women's abuse shelters and law enforcement officers 
working undercover have a need to protect their clients' identities.
  This bill seeks to target those who have the intent to cause harm or 
commit a crime.
  I support this legislation because it protects the consumer from 
criminal behavior, while protecting our fundamental right to privacy.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Tennessee (Mrs. Blackburn) that the House suspend the 
rules and pass the bill, H.R. 423.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. BLACKBURN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________