[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.
____________________