NY State Assembly Bill 2009-A9390

Assembly Bill A9390

2009-2010 Legislative Session

Provides that a person may not alter his or her caller identification with the intent to defraud or harass a third party or the recipient of the call

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2010	referred to consumer protection delivered to senate passed assembly
May 06, 2010	advanced to third reading cal.840
May 03, 2010	reported
Apr 27, 2010	print number 9390b
Apr 27, 2010	amend (t) and recommit to codes
Mar 16, 2010	reported referred to codes
Mar 04, 2010	print number 9390a
Mar 04, 2010	amend (t) and recommit to consumer affairs and protection
Jan 06, 2010	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

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multi-Sponsors

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2009-A9390 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR

2009-A9390 - Summary

Provides that a business entity may not provide false caller identification with the intent to defraud or harass any party; provides definition of business entity.

2009-A9390 - Sponsor Memo

                                BILL NUMBER:A9390

TITLE  OF BILL:   An act to amend the general business law and the civil
practice law and rules, in  relation  to  prohibiting  individuals  from
transmitting  misleading or inaccurate caller identification information
with the intent to defraud, harass, mislead, or cause harm to any person

PURPOSE OR GENERAL IDEA OF THE BILL: This legislation would ban  "spoof-
ing"  within  the  state.  Spoofing is the transmission of misleading or
inaccurate caller identification information with the intent to defraud,
harass, mislead or cause harm to any person.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general  business
law  by  adding  a  new  section  399-ppp.  Subdivision 1 of section one
provides that it shall be unlawful for any person within the  state,  in
connection with any telecommunications service or VolP service, to cause
any  caller  identification service to transmit misleading or inaccurate
caller identification information with the intent  to  defraud,  harass,
mislead  or  cause  harm  to  any  person, when making a call to another
person within the state.

Subdivision two of section one provides that  nothing  in  this  section
shall  be  construed to prevent or restrict any person from blocking the
capability of any caller identification service to transmit caller iden-
tification information.

Subdivision three of section one provides definitions of  "caller  iden-
tification  information,"  "caller  identification  service"  and  "VoIP
service."

Subdivision four of section  one  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 restitu-
tion 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 five of section one provides that in addition to  the  right
of action granted to the attorney general under this section, any person
whose  caller  identification  information was used in connection with a
violation of this section or  who  has  received  a  telephone  call  in
violation  of this section may bring an action in his or her own name to
enjoin such unlawful act. In addition, any  such  person  may  bring  an
action  to recover the greater of: (a) his or her actual damages; or (b)

an amount of up to $500 per call, up to an aggregate amount of  no  more
than  $25,000,  for all calls placed in violation of this section within
any continuous seventy-two hour period; or both such actions. The  court
shall award reasonable attorney's fees to a prevailing plaintiff.

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.

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  identi-
fied  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.

In  a  recent political campaign, voters were flooded with phone calls -
so-called "robocalls" - that instructed the end user to call the  number
and  person  listed  on  the  screen. The goal was to harass a political
opponent and/or his family, and to mislead the end user as  to  who  was
making  the call. The damages are even greater if the caller identifica-
tion information being published was previously unpublished.

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  by  receiving  multiple  calls.
The  person  who was spoofed may suffer the following damages: a signif-
icant invasion of his or her privacy; damage to his or  her  reputation,
depending on the content of the message attached to his caller identifi-
cation  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: 2009, A.4360 (Bradley) referred to the committee on
rules. 2009, 5.2753 (Johnson, C.) passed senate.

FISCAL IMPLICATIONS: None to the State.

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

2009-A9390 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9390

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. PAULIN, DINOWITZ, MARKEY, FIELDS, KOON, GALEF,
  JAFFEE, BENEDETTO, GABRYSZAK, LATIMER,  CASTRO,  CYMBROWITZ,  GUNTHER,
  CHRISTENSEN,  SPANO, DenDEKKER, COLTON, SCARBOROUGH, ZEBROWSKI, TITONE
  -- Multi-Sponsored by -- M. of A.  ABBATE, BOYLAND, CAHILL,  DelMONTE,
  HIKIND,  JOHN,  LIFTON, LUPARDO, MAISEL, ORTIZ, PHEFFER, REILLY, SCHI-
  MEL, SKARTADOS, WEISENBERG -- read once and referred to the  Committee
  on Consumer Affairs and Protection

AN  ACT to amend the general business law and the civil practice law and
  rules,  in  relation  to  prohibiting  individuals  from  transmitting
  misleading  or  inaccurate  caller identification information with the
  intent to defraud, harass, mislead, or cause harm to any person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON WITHIN THE STATE, IN
CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
ANY  CALLER  IDENTIFICATION SERVICE TO TRANSMIT MISLEADING OR INACCURATE
CALLER IDENTIFICATION INFORMATION, WITH THE INTENT TO  DEFRAUD,  HARASS,
MISLEAD,  OR  CAUSE  HARM  TO  ANY  PERSON WHEN MAKING A CALL TO ANOTHER
PERSON WITHIN THE STATE.
  2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT  OR  RESTRICT
ANY  PERSON  FROM  BLOCKING  THE CAPABILITY OF ANY CALLER IDENTIFICATION
SERVICE TO TRANSMIT CALLER IDENTIFICATION INFORMATION.
  3. FOR PURPOSES OF THIS SECTION:
  (A) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED  TO
AN  END  USER 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 VOIP SERVICE.
  (B)  "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00314-01-9

A. 9390                             2

MADE  USING  A  TELECOMMUNICATIONS  SERVICE  OR  VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (C) "VOIP SERVICE" MEANS A SERVICE THAT:
  (I)  PROVIDES  REAL-TIME  VOICE COMMUNICATIONS TRANSMITTED THROUGH END
USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
OR WITHOUT A FEE; AND
  (II) IS OFFERED TO THE PUBLIC, OR SUCH  CLASSES  OF  USERS  AS  TO  BE
EFFECTIVELY  AVAILABLE  TO  THE  PUBLIC  (WHETHER  PART  OF  A BUNDLE OF
SERVICES OR SEPARATELY); AND
  (III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF NEW YORK 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; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE,  BY  A  PREPONDERANCE  OF  THE
EVIDENCE,  THAT  THE  DEFENDANT  HAS,  IN FACT, VIOLATED THIS SECTION AN
INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY
DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A  PREPON-
DERANCE  OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  TWO  THOUSAND
DOLLARS  PER  CALL,  UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE
HUNDRED THOUSAND DOLLARS, FOR ALL CALLS  PLACED  IN  VIOLATION  OF  THIS
SECTION  WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO
TAKE  PROOF  AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  5. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION INFOR-
MATION WAS USED IN CONNECTION WITH A VIOLATION OF THIS  SECTION  OR  WHO
HAS  RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING AN
ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT  OR  PRACTICE,
AN  ACTION  TO  RECOVER THE GREATER OF (A) HIS OR HER ACTUAL DAMAGES, OR
(B) AN AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER  CALL,  UP
TO  A  TOTAL  AGGREGATE  AMOUNT  OF  NOT  MORE THAN TWENTY-FIVE THOUSAND
DOLLARS FOR ALL CALLS PLACED IN  VIOLATION  OF  THIS  SECTION  WITHIN  A
CONTINUOUS  SEVENTY-TWO  HOUR  PERIOD;  OR BOTH SUCH ACTIONS.  THE COURT
SHALL AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice law and rules, as amended by chapter 530 of the laws  of  2002,  is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A,  twenty-three-A or thirty-three or section three hundred nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of the executive law, or under article  twenty-three  of  the  arts  and
cultural  affairs  law,  or  in  an  action or proceeding brought by the
[attorney-general]  ATTORNEY  GENERAL  under  applicable   statutes   to

A. 9390                             3

dissolve  a  corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a  sum  not  exceeding  two
thousand dollars against each defendant.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9390A - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR

2009-A9390A - Summary

Provides that a business entity may not provide false caller identification with the intent to defraud or harass any party; provides definition of business entity.

2009-A9390A - Sponsor Memo

                                BILL NUMBER:A9390A

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, harass or cause harm to any person

PURPOSE OR GENERAL IDEA OF THE BILL: This legislation would ban  "spoof-
ing"  within  the  state.  Spoofing  is the transmission of false caller
identification information with the intent to defraud, harass, or  cause
harm to any person.

SUMMARY  OF SPECIFIC PROVISIONS: Section one amends the general business
law by adding a new  section  399-ppp.  Subdivision  1  of  section  one
provides  that  it shall be unlawful for any person within the state, in
connection with any telecommunications service or VoIP service, to cause
any caller identification service to transmit false  caller  identifica-
tion  information with the intent to defraud, harass, or cause harm when
making a call to any person within the state.

Subdivision two of section one provides that  nothing  in  this  section
shall  be  construed  to  prevent  or  restrict any business entity from
blocking the capability of any caller identification service to transmit
caller identification information.

Subdivision three of section one provides definitions of "business iden-

tity,"  "caller  identification  information,"  "caller   identification
service," and "VoIP service."

Subdivision  four  of  section  one  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 restitu-
tion  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  five  of section one provides that in addition to the right
of action granted to the attorney general under this section, any person
whose caller identification information was used in  connection  with  a
violation  of  this  section  or  who  has  received a telephone call in
violation of this section may bring an action in his or her own name  to
enjoin  such  unlawful  act.  In  addition, any such person may bring an
action to recover the greater of: (a) his or her actual damages; or  (b)
an  amount  of up to $500 per call, up to an aggregate amount of no more

than $25,000, for all calls placed in violation of this  section  within
any  continuous seventy-two hour period; or both such actions. The court
may award reasonable attorney's fees to a prevailing plaintiff.

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.

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  identi-
fied  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: 2009, A.4360 (Bradley) referred to the committee on
rules. 2009, S.2753 (Johnson, C.) passed senate.

FISCAL IMPLICATIONS: None to the State.

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

2009-A9390A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9390--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. PAULIN, DINOWITZ, MARKEY, FIELDS, KOON, GALEF,
  JAFFEE, BENEDETTO, GABRYSZAK, LATIMER,  CASTRO,  CYMBROWITZ,  GUNTHER,
  CHRISTENSEN, SPANO, DenDEKKER, COLTON, SCARBOROUGH, ZEBROWSKI, TITONE,
  GIBSON,  POWELL  --  Multi-Sponsored  by  -- M. of A. ABBATE, BOYLAND,
  CAHILL, DelMONTE, HIKIND, JOHN, LIFTON, LUPARDO, MAISEL, ORTIZ,  PHEF-
  FER,  REILLY, SCHIMEL, SKARTADOS, WEISENBERG -- read once and referred
  to the Committee on  Consumer  Affairs  and  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,
  harass or cause harm to any person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION.  1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY WITHIN THE
STATE,  IN  CONNECTION  WITH  ANY  TELECOMMUNICATIONS  SERVICE  OR  VOIP
SERVICE,  TO  CAUSE  ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE
CALLER IDENTIFICATION INFORMATION, WITH THE INTENT TO  DEFRAUD,  HARASS,
OR CAUSE HARM WHEN MAKING A CALL TO ANY PERSON WITHIN THE STATE.
  2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PREVENT OR RESTRICT
ANY BUSINESS ENTITY FROM BLOCKING THE CAPABILITY OF ANY CALLER IDENTIFI-
CATION SERVICE TO TRANSMIT CALLER IDENTIFICATION INFORMATION.
  3. FOR PURPOSES OF THIS SECTION:
  (A) "BUSINESS ENTITY" MEANS A CORPORATION,  ASSOCIATION,  PARTNERSHIP,
LIMITED  LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL
ENTITY.
  (B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED  TO
AN  END  USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00314-06-0

A. 9390--A                          2

NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
  (C)  "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  VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (D) "VOIP SERVICE" MEANS A SERVICE THAT:
  (I) PROVIDES REAL-TIME VOICE COMMUNICATIONS  TRANSMITTED  THROUGH  END
USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
OR WITHOUT A FEE; AND
  (II)  IS  OFFERED  TO  THE  PUBLIC,  OR SUCH CLASSES OF USERS AS TO BE
EFFECTIVELY AVAILABLE TO  THE  PUBLIC  (WHETHER  PART  OF  A  BUNDLE  OF
SERVICES OR SEPARATELY); AND
  (III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK 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; AND IF IT SHALL  APPEAR  TO
THE  SATISFACTION  OF  THE  COURT  OR JUSTICE, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED  THIS  SECTION  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES,  THE  COURT  MAY
DIRECT  RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
DERANCE OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION,  WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND
DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT  MORE  THAN  ONE
HUNDRED  THOUSAND  DOLLARS,  FOR  ALL  CALLS PLACED IN VIOLATION OF THIS
SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION  WITH
ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND  TO  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  5.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION  INFOR-
MATION  WAS  USED  IN CONNECTION WITH A VIOLATION OF THIS SECTION OR WHO
HAS RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING  AN
ACTION  IN  HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
AN ACTION TO RECOVER THE GREATER OF (A) HIS OR HER  ACTUAL  DAMAGES,  OR
(B)  AN  AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER CALL, UP
TO A TOTAL AGGREGATE  AMOUNT  OF  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND
DOLLARS  FOR  ALL  CALLS  PLACED  IN  VIOLATION OF THIS SECTION WITHIN A
CONTINUOUS SEVENTY-TWO HOUR PERIOD; OR BOTH SUCH ACTIONS.  THE COURT MAY
AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice law and rules, as amended by chapter 530 of the laws  of  2002,  is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A,  twenty-three-A or thirty-three or section three hundred nine-

A. 9390--A                          3

ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of the executive law, or under article  twenty-three  of  the  arts  and
cultural  affairs  law,  or  in  an  action or proceeding brought by the
[attorney-general]  ATTORNEY  GENERAL  under  applicable   statutes   to
dissolve  a  corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a  sum  not  exceeding  two
thousand dollars against each defendant.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

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multi-Sponsors

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2009-A9390B (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR

2009-A9390B (ACTIVE) - Summary

Provides that a business entity may not provide false caller identification with the intent to defraud or harass any party; provides definition of business entity.

2009-A9390B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9390B

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 OR GENERAL IDEA OF THE BILL: This legislation would ban  "spoof-
ing"  within  the  state.  Spoofing  is the transmission of false caller
identification information with the intent  to  defraud  or  harass  any
person.

SUMMARY  OF SPECIFIC PROVISIONS: Section one amends the general business
law by adding a new section 399-ppp. Subdivision 1  of  section  399-ppp
provides  that  it shall be unlawful for any person within the state, in
connection with any telecommunications service or VoIP service, to cause
any caller identification service to transmit false  caller  identifica-
tion  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 resti-
tution 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 provides that in addition to
the right of action granted to the attorney general under this  section,
any   person   whose  caller  identification  information  was  used  in
connection with a violation of this section or who has received a  tele-
phone  call  in  violation of this section may bring an action in his or
her own name to enjoin such unlawful act.  In addition, any such  person
may  bring  an  action  to recover the greater of: (a) his or her actual
damages; or (b) an amount of up to $500 per call,  up  to  an  aggregate
amount  of  no  more  than $25,000, for all calls placed in violation of
this section within any continuous seventy-two hour period; or both such
actions. The court may award reasonable attorney's fees to a  prevailing
plaintiff.

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 provides 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 identi-
fied 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: 2009, A.4360 (Bradley) referred to the committee on
rules.  2009, S.2753 (Johnson, C.) passed senate.

FISCAL IMPLICATIONS: None to the State.

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

2009-A9390B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9390--B

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M.  of A. PAULIN, DINOWITZ, MARKEY, FIELDS, KOON, GALEF,
  JAFFEE, BENEDETTO, GABRYSZAK, LATIMER,  CASTRO,  CYMBROWITZ,  GUNTHER,
  CHRISTENSEN, SPANO, DenDEKKER, COLTON, SCARBOROUGH, ZEBROWSKI, TITONE,
  GIBSON,  POWELL  --  Multi-Sponsored  by  -- M. of A. ABBATE, BOYLAND,
  CAHILL, DelMONTE, HIKIND, JOHN, LIFTON, LUPARDO, MAISEL, ORTIZ,  PHEF-
  FER,  REILLY, SCHIMEL, SKARTADOS, WEISENBERG -- read once and referred
  to the Committee on  Consumer  Affairs  and  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION.  1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY WITHIN THE
STATE,  IN  CONNECTION  WITH  ANY  TELECOMMUNICATIONS  SERVICE  OR  VOIP
SERVICE,  TO  CAUSE  ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE
CALLER IDENTIFICATION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS,
WHEN MAKING A CALL TO ANY PERSON WITHIN THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "BUSINESS ENTITY" MEANS A CORPORATION,  ASSOCIATION,  PARTNERSHIP,
LIMITED  LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL
ENTITY.
  (B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED  TO
AN  END  USER 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 VOIP SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00314-08-0

A. 9390--B                          2

  (C)  "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  VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (D) "VOIP SERVICE" MEANS A SERVICE THAT:
  (I)  PROVIDES  REAL-TIME  VOICE COMMUNICATIONS TRANSMITTED THROUGH END
USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
OR WITHOUT A FEE; AND
  (II) IS OFFERED TO THE PUBLIC, OR SUCH  CLASSES  OF  USERS  AS  TO  BE
EFFECTIVELY  AVAILABLE  TO  THE  PUBLIC  (WHETHER  PART  OF  A BUNDLE OF
SERVICES OR SEPARATELY); AND
  (III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF NEW YORK 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; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE,  BY  A  PREPONDERANCE  OF  THE
EVIDENCE,  THAT  THE  DEFENDANT  HAS,  IN FACT, VIOLATED THIS SECTION AN
INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY
DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A  PREPON-
DERANCE  OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  TWO  THOUSAND
DOLLARS  PER  CALL,  UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE
HUNDRED THOUSAND DOLLARS, FOR ALL CALLS  PLACED  IN  VIOLATION  OF  THIS
SECTION  WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO
TAKE  PROOF  AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  5. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION INFOR-
MATION WAS USED IN CONNECTION WITH A VIOLATION OF THIS  SECTION  OR  WHO
HAS  RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING AN
ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT  OR  PRACTICE,
AN  ACTION  TO  RECOVER THE GREATER OF (A) HIS OR HER ACTUAL DAMAGES, OR
(B) AN AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER  CALL,  UP
TO  A  TOTAL  AGGREGATE  AMOUNT  OF  NOT  MORE THAN TWENTY-FIVE THOUSAND
DOLLARS FOR ALL CALLS PLACED IN  VIOLATION  OF  THIS  SECTION  WITHIN  A
CONTINUOUS SEVENTY-TWO HOUR PERIOD; OR BOTH SUCH ACTIONS.  THE COURT MAY
AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice  law  and  rules, as amended by chapter 530 of the laws of 2002, is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A, twenty-three-A or thirty-three or section three hundred  nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three

A. 9390--B                          3

of  the  executive  law,  or  under article twenty-three of the arts and
cultural affairs law, or in an  action  or  proceeding  brought  by  the
[attorney-general]   ATTORNEY   GENERAL  under  applicable  statutes  to
dissolve  a  corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a  sum  not  exceeding  two
thousand dollars against each defendant.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A9390

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Sponsored By

PAULIN

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

Jeffrey Dinowitz

Margaret Markey

Ginny Fields

David Koon

multi-Sponsors

Peter Abbate

William Boyland

Kevin Cahill

Francine DelMonte

2009-A9390 - Details

2009-A9390 - Summary

2009-A9390 - Sponsor Memo

2009-A9390 - Bill Text download pdf

co-Sponsors

Jeffrey Dinowitz

Margaret Markey

Ginny Fields

David Koon

multi-Sponsors

Peter Abbate

William Boyland

Kevin Cahill

Francine DelMonte

2009-A9390A - Details

2009-A9390A - Summary

2009-A9390A - Sponsor Memo

2009-A9390A - Bill Text download pdf

co-Sponsors

Jeffrey Dinowitz

Margaret Markey

Ginny Fields

David Koon

multi-Sponsors

Peter Abbate

William Boyland

Kevin Cahill

Francine DelMonte

2009-A9390B (ACTIVE) - Details

2009-A9390B (ACTIVE) - Summary

2009-A9390B (ACTIVE) - Sponsor Memo

2009-A9390B (ACTIVE) - Bill Text download pdf

Comments