Text: S.30 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-331 (12/22/2010)

 
[111th Congress Public Law 331]
[From the U.S. Government Printing Office]



[[Page 3571]]

                     TRUTH IN CALLER ID ACT OF 2009

[[Page 124 STAT. 3572]]

Public Law 111-331
111th Congress

                                 An Act


 
  To amend the Communications Act of 1934 to prohibit manipulation of 
 caller identification information. <<NOTE: Dec. 22, 2010 -  [S. 30]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Truth in Caller 
ID Act of 2009.>> 

SECTION 1. <<NOTE: 47 USC 609 note.>>  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) <<NOTE: Deadline.>>  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 124 STAT. 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 124 STAT. 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 124 STAT. 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.

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