Provides that a business entity may not alter caller identification information with the intent to defraud or harass a third party or the recipient of the call

Summary of specific provisions

Section one of this bill amends the general business law by adding a new section 399-ppp, which would prohibit any business entity from causing a caller identification service to transmit false information when there is an intent to defraud or harass when making a phone call so anyone within the state. The attorney general shall submit application to the court or justice who shall have the jurisdiction to serve notice upon the person in violation of this section and to immediately enjoin and restrain these violations. If the court or justice finds upon a preponderance of the evidence that this section has been violated, the court or justice may immediately enjoin and restrain any further violation without any proof of harm to the other party. The court also may, in its discretion, direct restitution or impose a civil penalty which shall not exceed $2,000 for each call that violates this section, or $100,000 in the aggregate. Additionally, any person whose caller identification information has been used in connection with a violation, or any individual who has received a phone call in violation of this section may bring an action to enjoin and to recover actual damages and/or up to $500 per call or $25,000 in the aggregate for all calls placed within a 72 hour period as well as reasonable attorney's fees to a prevailing plaintiff within the court's discretion. This section does not apply to members of law enforcement acting within the scope of their duties, or to a court order issuing called identification manipulation.

Section two amends paragraph 6 of subdivision (a) of section 8303 of the civil practice law and rules, as amended by chapter 530 of the laws of 2002, by adding an action brought by the attorney general under section 399-ppp to the list of proceedings subject to allowances that may be paid to the attorney general. The sum of such allowance shall not exceed $2,000 against each defendant.

Section three is the effective date.

Justification

Spoofing occurs when a person intentionally alters caller identification information to mask the true identity of the caller. The minimum effect is that the end user is deceived - the person

making the call is not the person identified on the screen -and the person identified on the screen is "spoofed." This means that the person being spoofed has had caller identification information - his identity, in essence - intentionally misappropriated by the caller to achieve an end. In the case of a telemarketing firm doing the spoofing, the intent may be to get the end user to pick up the phone, because the call seems to be a personal call rather than a call from a telemarketer.

No matter what the facts are, the essence of the conduct is that a person's caller identification information is stolen and then used so that end users are deceived or harassed. The person who was spoofed may suffer the following damages: a significant invasion of his or her privacy; damage to his or her reputation, depending on the content of the message attached to his caller identification information; the publishing of a previously unpublished phone number; being associated with a telephone effort that is viewed as one that harasses people; and becoming the recipient of angry phone calls at any hour of the day from people who have received calls that seemingly were placed by the person being spoofed, but were actually placed by someone else.

This legislation seeks to end this indefensible practice by making spoofing within New York State a violation of the general business law, and authorizing the attorney general and private parties to seek both injunctive and monetary relief.

Legislative history

This is a new bill.

Fiscal implications

None Noted.

Effective date

This act will take effect on the sixtieth day after it shall have become a law.