S. 704Senate110th Congress (2007-2009)In Committee

Truth in Caller ID Act of 2007

A bill to amend the Communications Act of 1934 to prohibit manipulation of caller identification information.

Introduced February 28, 2007

Legislative Activity

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6 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.

December 5, 2007

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SenateIntro Referral

Introduced in Senate

February 28, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2360-2361)

February 28, 2007

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S2361-2362)

February 28, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 110-1139.

June 21, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 27, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-234.

December 5, 2007

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 519.

December 5, 2007

Floor Debate

21 members

What members said about S. 704 on the floor

6 Republicans15 Democrats
Herb Kohl
Sen. Herb KohlD-WI · Feb 28, 2007

Mr. President, I rise today, with Senator Kennedy and Senator Durbin, to introduce the State Court Interpreter Grant Program Act of 2007. This legislation would create a modest grant program to…

Barack Obama
Sen. Barack ObamaD-IL · Feb 28, 2007

Mr. President, I rise today to speak about the ``Dignity for Wounded Warriors Act,'' which I am proud to introduce with Senator McCaskill. Last week, the Nation learned of the serious problems at…

Mike Crapo
Sen. Mike CrapoR-ID · Feb 28, 2007

Mr. President, I rise today with my colleagues, 16 bipartisan cosponsors, to introduce the S. 700. Approximately 1 year ago, Senator Lincoln and I introduced the Collaboration for the Recovery of the…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Feb 28, 2007

Mr. President, I rise today to introduce the Pet Protection Act of 2007. In 1966, Congress passed the Animal Welfare Act to prevent the abuse and mistreatment of animals and to provide assurance that…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 26, 2007

Mr. President. I rise today with Senator Ensign to introduce legislation to ensure that Title I funds are directed towards instructional services to teach our Nation's neediest students. Title I…

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Claire McCaskill
Sen. Claire McCaskillD-MO · Feb 28, 2007

Mr. President, it is my honor to join my distinguished colleague from Illinois, Senator Obama, today in introducing the Dignity for Wounded Warriors Act, a bill that serves to better the experience…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jun 21, 2007

Mr. President, I ask unanimous consent that the Ad Hoc Subcommittee on State, Local, and Private Sector Preparedness and Integration of the Committee on Homeland Security and Governmental Affairs be…

Bill Nelson
Sen. Bill NelsonD-FL · Feb 28, 2007

Mr. President, American consumers and public safety officials increasingly find themselves confronted by scams in the digital age. The latest scam is known as caller I.D. ``spoofing.'' Today, I am…

Bill Nelson
Sen. Bill NelsonD-FL · Feb 28, 2007

Mr. President, American consumers and public safety officials increasingly find themselves confronted by scams in the digital age. The latest scam is known as caller I.D. ``spoofing.'' Today, I am…

Arlen Specter
Sen. Arlen SpecterR-PA · Jun 27, 2007

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Wednesday, June 27, 2007, at 2…

Kent Conrad
Sen. Kent ConradD-ND · Jan 26, 2007

Mr. President, today I am introducing the Water Infrastructure Revitalization Act, which authorizes $60 million through the U.S. Army Corps of Engineers to assist communities in North Dakota with…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 28, 2007

Mr. President, why hold off for tomorrow what we can do today? The current healthcare crisis in our Nation did not happen overnight. It has been accumulating as a result of a lack of serious…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jan 26, 2007

Mr. President, I am pleased to reintroduce legislation today that would increase the mileage reimbursement rate for volunteers. Under current law, when volunteers use their cars for charitable…

Show 11 more
Jack Reed
Sen. Jack ReedD-RI · Feb 28, 2007

Mr. President, I am pleased to join my colleagues, Senator Coleman, and Representatives Eshoo and Ramstad, in reintroducing the Consortium on the Impact of Technology in Health Services Act. We face…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Feb 28, 2007

Mr. President, as we all know, there was a tremendous amount of criticism of the Federal Government's response to Hurricanes Katrina and Rita last year. Things are better now and the region is slowly…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Jan 26, 2007

Mr. President, I rise today to introduce the Hunting Heritage Protection Act of 2007. I cannot stress how important this piece of legislation is to ensure that our Nation's rich hunting heritage is…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 26, 2007

Mr. President, I rise today to introduce a bill to require the Government to label any food that comes from a cloned animal. I am strongly opposed to the FDA approving meat and milk products from…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Feb 28, 2007

Mr. President, I rise today to re-introduce legislation that will close an egregious loophole in federal law. Currently, this loophole permits solid waste management facilities operated near…

Wayne Allard
Sen. Wayne AllardR-CO · Feb 28, 2007

Mr. President, I will be introducing a piece of legislation today which is a bill to cut at the heart of a rampant problem in this country; that is, identity theft. Last month, a bipartisan group of…

Carl Levin
Sen. Carl LevinD-MI · Feb 28, 2007

Mr. President, I am pleased to join with Senators Craig Thomas, Debbie Stabenow, Chuck Grassley and Tom Harkin in introducing the Federal Prison Industries Competition in Contracting Act. Our bill is…

Jon Tester
Sen. Jon TesterD-MT · Jan 26, 2007

Mr. Chairman, I rise today to join my colleagues in cosponsoring the implementation of country of origin labeling requirements for food sold in the United States. Congress originally passed country…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 28, 2007

Mr. President, I am pleased to join Senator Boxer as a co-sponsor of the ``Pell Grant Equity Act of 2007'' that would provide all low-income students with the same opportunity to receive a Federal…

Craig Thomas
Sen. Craig ThomasR-WY · Jan 26, 2007

Mr. President, I rise to introduce a bill that is of great importance to livestock producers and consumers in my home State of Wyoming, and to people across the Nation. My bill would expedite the…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jan 26, 2007

Mr. President, today I am introducing legislation that will bring parity to all renewable energy facilities that qualify for the production tax credit under section 45 of the Internal Revenue Code. I…

Bill Text

2 versions available

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Latest
Reported to SenateIssued December 5, 2007
        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Reported in Senate (RS)]

Calendar No. 519
110th CONGRESS
1st Session
S. 704

[Report No. 110-234]

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 28, 2007

Mr. Nelson of Florida (for himself, Ms. Snowe, Mrs. McCaskill, Mr.
Stevens, and Ms. Klobuchar) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation

December 5, 2007

Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

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 2007''.

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
2007, 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 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.
``(iii) Effect on other laws.--Nothing in
this subsection shall be construed to authorize
or prohibit any investigative, protective, or
intelligence activities performed in connection
with official duties and in accordance with all
applicable laws, by a law enforcement agency of
the United States, a State, or a political
subdivision of a State, or by an intelligence
agency of the United States.
``(4) Report.--Not later than 6 months after the enactment
of the Truth in Caller ID Act of 2007, 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 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) 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 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.
``(8) Limitation.--Notwithstanding any other provision of
this section, subsection (f) shall not apply to this subsection
or to the regulations under this subsection.''
Calendar No. 519

110th CONGRESS

1st Session

S. 704

[Report No. 110-234]

_______________________________________________________________________

A BILL

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

_______________________________________________________________________

December 5, 2007

Reported with an amendment