NY State Senate Bill 2009-S7713

Senate Bill S7713

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 04, 2010	referred to consumer protection

2009-S7713 (ACTIVE) - Details

See Assembly Version of this Bill:: A9390
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2909
2013-2014: S2497
2015-2016: S434
2017-2018: S1982

2009-S7713 (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-S7713 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7713

 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 "spoofing" 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 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
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.

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 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 :
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-S7713 (ACTIVE) - Bill Text download pdf

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

                                  7713

                            I N  S E N A T E

                               May 4, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00314-11-0

S. 7713                             2

  (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
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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