    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-331
    111th Congress

    An Act

    To amend the Communications Act of 1934 to prohibit manipulation of
    caller identification information. <>

    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

    [[Page 3573]]

    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).
    ``(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

    [[Page 3574]]

    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

    [[Page 3575]]

    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.''.

    Approved December 22, 2010.

    LEGISLATIVE HISTORY--S. 30 (H.R. 1258):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-461 (Comm. on Energy and Commerce) accompanying
    H.R. 1258.
    SENATE REPORTS: No. 111-96 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Feb. 23, considered and passed Senate.
    Dec. 15, considered and passed House.