senate Bill S2909B

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2012 reported and committed to finance
Jan 04, 2012 referred to consumer protection
May 06, 2011 print number 2909b
amend and recommit to consumer protection
Apr 20, 2011 print number 2909a
amend and recommit to consumer protection
Feb 03, 2011 referred to consumer protection

Votes

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Jan 18, 2012 - Consumer Protection committee Vote

S2909B
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 18, 2012

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2909 - Bill Details

See Assembly Version of this Bill:
A52A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S7713, A4360, A9390B

S2909 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2909

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 of this bill would amend 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 would amend 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 of this bill would provide 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.

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

                                  2909

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00755-02-1

S. 2909                             2

  (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.
  3. 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.
  4.  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. 2909                             3

  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S2909A - Bill Details

See Assembly Version of this Bill:
A52A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S7713, A4360, A9390B

S2909A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2909A

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 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.

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2909--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00755-06-1

S. 2909--A                          2

  (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.
  3. 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.
  4. 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

S. 2909--A                          3

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.

S2909B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A52A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S7713, A4360, A9390B

S2909B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2909B

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 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.

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

                                 2909--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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, 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00755-09-1

S. 2909--B                          2

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.
  3. 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.
  4. 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.
  5.  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 CALL-
ER IDENTIFICATION MANIPULATION.
  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

S. 2909--B                          3

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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