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

2 Co-sponsors

• Leroy Comrie
• Marc Panepinto

Title of bill

An act to amend the general business law and the civil practice law and rules, in relation to prohibiting business entities from transmitting false caller identification information with the intent to defraud or harass any person

Purpose

This legislation would ban business entities from "spoofing." Spoofing is the transmission of false caller identification information with the intent to defraud or harass any person.

Summary of provisions

Section one amends the general business law by adding a new section 399-ppp. Subdivision I of section 399-ppp provides that it shall be unlawful for any business entity, in connection with any telecommunications service or VoIP service, to cause any caller identification service to transmit false caller identification information when making a call to any person within the state with the intent to defraud or harass. Subdivision 2 of section 399-ppp provides definitions of "business identity," "caller identification information," "caller identification service," and "VoIP service." Subdivision 3 of section 399-ppp provides that whenever there is a violation of this section, the attorney general may make an application to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant, to immediately enjoin and restrain the continuance of such violations. No proof is required that any person has, in fact, been injured or damaged by such violation. The court may also make allowances to the attorney general as provided in paragraph six of subdivision (a) of section 8303 of the civil practice law and rules. In addition to any such allowances, the court may direct restitution to any victim upon a showing of damages by a preponderance of the evidence. A court may also impose a civil penalty of up to $2,000 per call, with an aggregate amount of up to $100,000 for all calls placed in violation of this section within any continuous seventy-two hour period. Subdivision 4 of section 399-ppp states that this section does not create, and is not intended to create, any right of action against a telecommunications service provider or VoIP service provider whose service, including caller identification service, is used by a business entity to transmit or display false caller identification information in violation of this section. Subdivision 5 of Section 399-ppp provides that the provisions of this section shall not apply to any member of a law enforcement unit acting within the scope of his or her assigned duties or to a court order that specifically authorizes the use of caller identification manipulation.

Effective date

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