S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1982
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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:
   § 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.
   (D)  "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME, TWO-WAY
 VOICE COMMUNICATION  ORIGINATING  FROM  OR  TERMINATING  AT  THE  USER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00179-01-7

 S. 1982                             2
 
 LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
 BAND  CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE A
 CALL THAT ORIGINATES ON THE PUBLIC SWITCHED  TELEPHONE  NETWORK  AND  TO
 TERMINATE A CALL TO 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.  SUBDIVISION  THREE  OF  THIS  SECTION  DOES NOT CREATE, AND IS NOT
 INTENDED TO CREATE, ANY RIGHT OF  ACTION  AGAINST  A  TELECOMMUNICATIONS
 SERVICE PROVIDER OR VOIP SERVICE PROVIDER WHOSE SERVICE, INCLUDING CALL-
 ER  IDENTIFICATION  SERVICE, IS USED BY A BUSINESS ENTITY TO TRANSMIT OR
 DISPLAY FALSE CALLER IDENTIFICATION INFORMATION  IN  VIOLATION  OF  THIS
 SECTION.
   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.
   § 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.