Senate Bill S5926B

2019-2020 Legislative Session

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2020	print number 5926b
Jun 26, 2020	amend (t) and recommit to energy and telecommunications
Jan 27, 2020	print number 5926a
Jan 27, 2020	amend and recommit to energy and telecommunications
Jan 08, 2020	referred to energy and telecommunications
May 16, 2019	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

2019-S5926 - Details

See Assembly Version of this Bill:: A7759
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S4281, A585

2019-S5926 - Summary

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

2019-S5926 - Sponsor Memo

                                
 
BILL NUMBER: S5926

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the public service law, in relation to
requiring STIR/SHAKEN authentication framework

 
PURPOSE OR GENERAL IDEA OF BILL:

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision 6 of section 5 of the public
service law to add a new paragraph c to provide that the commission may
promulgate, issue, amend and rescind such orders, rules and regulations
as it may find necessary or appropriate for a provider of cellular tele-
phone service to carry out the provisions set forth in section ninety-
one-b of this chapter.

Section two adds a new section 91-b to the public service law to provide
that the public service commission shall require voice service providers
to implement the STIR/SHAKEN authentication framework in the internet
protocol networks of voice service providers. It further provides that

the costs incurred by the department and commission in relation to the
implementation of STIR/SHAKEN by wireless communication services compa-
nies shall be paid for by moneys collected by such companies as set
forth in paragraph b of subdivision four.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received.* It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone.** In the
month of September 2018, roughly 4.4 billion robocalls were reported.***
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robo-
calls.**** In 2018, that number rose to about 29% and by 2019, it is
expected that at least 45% of all calls to cell phones will be robo-
calls.*****

Many of these calls are coming from numbers that actually do not or
cannot make outgoing calls.******* These types of numbers are indicative
of "spoofing" schemes wherein the true caller identity is masked behind
a fake, invalid number. There is also a common practice of consumers
receiving calls from such invalid numbers which show up as a local call
on their caller ID, prompting many to pick up only to realize it is a
robocall.

In efforts to combat this issue, on November 5, 2018 the FCC called
upon, but did not require, all voice service providers to implement the
STIR/SHAKEN authentication protocol, with a target date of 2019.******
The STIR/SHAKEN authentication protocol uses cryptography to validate
that a call is really from the number it displays, preventing bad actors
from illegally "spoofing" phone numbers.  STIR/SHAKEN also makes it much
easier to trace illegal calls back to their source, since each call will
have an identification assigned to it. Once the source is identified,
enforcement actions can be taken against the perpetrators.


All voice providers must implement STIR/SHAKEN in order for it to be
effective, otherwise there will be holes in the telecommunications
system that bad actors can exploit to continue to "spoof" numbers and
avoid detection. Since the FCC has not required implementation, many
small providers have not adopted it and scammers have begun to originate
calls on those providers' networks to avoid authentication and
detection. By mandating implementation of STIR/SHAKEN by all voice
providers in New York, we can prevent this.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
* See FCC press release- FCC Adopts Rules to Allow Phone Companies to
Proactively Block Illegal Robocalls. November 16, 2017. See also "The
FCC's Push to Combat Robocalls & Spoofing."
https://www.fcc.gov/aboutfcc/fcc-initiatives/fccs-push-combat-robocal
ls-spoofing
** See
https://www.cnbc.com/2018/06/06/americans-got-16-billion-robocalls-thi
syear-heres-how-to-stop-them.html
*** See
https://www.consumerreports.orgrobocalls/best-ways-to-fightrobocalls/
**** See
https://www.washingtonpost.com/technology/2018/09/19/nearlyhalf-cellp
hone-calls-will-be-scams-by-report-says/?utm_term=.6dcOeb2b0198
***** Id.
****** See FCC press release- CHAIRMAN PAI CALLS ON INDUSTRY TO ADOPT
ANTI-SPOOFING PROTOCOLS TO HELP CONSUMERS COMBAT SCAM ROBOCALLS, Novem-
ber 5, 2018.
https://www.fcc.gov/document/chairman-pai-demands-industry-adopt-prot
ocols-end-illegal-spoofing

2019-S5926 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5926
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public  service  law,  in relation to requiring
   STIR/SHAKEN authentication framework
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of section 5 of the public service law is
 amended by adding a new paragraph c to read as follows:
   C. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, THE COMMISSION MAY
 PROMULGATE, ISSUE, AMEND AND RESCIND SUCH ORDERS, RULES AND  REGULATIONS
 AS IT MAY FIND NECESSARY OR APPROPRIATE FOR A PROVIDER OF CELLULAR TELE-
 PHONE  SERVICES TO CARRY OUT THE PROVISIONS SET FORTH IN SECTION NINETY-
 ONE-B OF THIS CHAPTER.
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. STIR/SHAKEN AUTHENTICATION  FRAMEWORK.  1.  AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE TELEPHONE
 IDENTITY REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED  INFORMATION
 USING  TOKENS  STANDARDS  PROPOSED BY THE INFORMATION AND COMMUNICATIONS
 TECHNOLOGY INDUSTRY TO ATTACH A  CERTIFICATE  OF  AUTHENTICITY  TO  EACH
 PHONE TO VERIFY THE SOURCE OF EACH CALL.
   (B)  "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH THE
 PUBLIC SWITCHED TELEPHONE NETWORK  AND  THAT  FURNISHES  VOICE  COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN  OR  ANY  SUCCESSOR TO THE NORTH AMERICAN NUMBERING PLAN ADOPTED BY
 THE COMMISSION UNDER SECTION 251(E)(1) OF THE COMMUNICATIONS ACT OF 1934
 (47 U.S.C. 251(E)(1)); AND INCLUDES:
   I. TRANSMISSIONS FROM A  TELEPHONE  FACSIMILE  MACHINE,  COMPUTER,  OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11622-02-9

 S. 5926                             2
 
   II.  WITHOUT  LIMITATION,  ANY SERVICE THAT ENABLES REAL-TIME, TWO-WAY
 VOICE COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES  INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 "CPE") AND PERMITS OUT-BOUND CALLING, WHETHER  OR  NOT  THE  SERVICE  IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
   2.  NOT  LATER THAN EIGHTEEN MONTHS AFTER THE DATE UPON WHICH THIS ACT
 SHALL HAVE BECOME A LAW, THE COMMISSION  SHALL  REQUIRE  A  PROVIDER  OF
 VOICE  SERVICE  TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK IN
 THE INTERNET PROTOCOL NETWORKS OF VOICE SERVICE PROVIDERS.
   3. THE COMMISSION  MAY  PROMULGATE,  ISSUE,  AMEND  AND  RESCIND  SUCH
 ORDERS, RULES AND REGULATIONS AS IT MAY FIND NECESSARY OR APPROPRIATE TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   4. (A) ALL COSTS AND EXPENSES OF THE DEPARTMENT AND COMMISSION RELATED
 TO THE IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES
 COMPANIES  SHALL BE PAID PURSUANT TO APPROPRIATION IN THE FIRST INSTANCE
 FROM THE STATE TREASURY, ON  THE  CERTIFICATION  OF  THE  CHAIR  OF  THE
 DEPARTMENT  AND UPON THE AUDIT AND WARRANT OF THE COMPTROLLER. THE STATE
 TREASURY SHALL BE REIMBURSED THEREFOR BY PAYMENTS TO BE MADE FROM MONEYS
 COLLECTED PURSUANT TO THIS ARTICLE.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  BY FEBRUARY FIRST OF EACH YEAR, THE CHAIR OF THE DEPARTMENT SHALL
 ESTIMATE THE TOTAL DIRECT AND INDIRECT COSTS AND EXPENSES  NECESSARY  TO
 OPERATE  AND  ADMINISTER  THE  POWERS  AND  DUTIES OF THE COMMISSION AND
 DEPARTMENT RELATING TO THE IMPLEMENTATION OF THIS  SECTION  BY  WIRELESS
 COMMUNICATION  SERVICES COMPANIES FOR THE ENSUING STATE FISCAL YEAR. THE
 CHAIR SHALL, PRIOR TO MARCH FIRST, BILL AND COLLECT FROM  EACH  WIRELESS
 COMMUNICATION  SERVICES  COMPANY  AN AMOUNT COMPUTED BY MULTIPLYING SUCH
 TOTAL ESTIMATED OPERATING EXPENSES OF THE COMMISSION BY A FRACTION,  THE
 NUMERATOR  OF WHICH IS THE GROSS ANNUAL RECEIPTS OF SUCH WIRELESS COMMU-
 NICATION SERVICES COMPANY DURING THE LAST  PRECEDING  CALENDAR  YEAR  OR
 OTHER  TWELVE MONTH PERIOD AS DETERMINED BY THE CHAIR, AND THE DENOMINA-
 TOR OF WHICH IS THE TOTAL ANNUAL GROSS RECEIPTS OF ALL WIRELESS COMMUNI-
 CATION SERVICES COMPANIES OPERATING IN THE STATE DURING SUCH  PERIOD.  A
 WIRELESS  COMMUNICATION  SERVICES  COMPANY  MAY  ELECT  TO  MAKE PARTIAL
 PAYMENTS EQUAL TO ONE QUARTER OF THE TOTAL AMOUNT BILLED, BY MARCH TENTH
 OF THE PRECEDING FISCAL YEAR TO WHICH THE BILLING RELATES,  OR  ON  SUCH
 OTHER  DATES  AS  THE  DIRECTOR  OF THE BUDGET MAY REQUIRE. ON OR BEFORE
 SEPTEMBER THIRTIETH OF EACH YEAR, THE CHAIR  SHALL  COMPUTE  THE  ACTUAL
 DIRECT AND INDIRECT COSTS AND EXPENSES OF THE COMMISSION RELATING TO THE
 IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES COMPA-
 NIES  FOR  THE  PRECEDING STATE FISCAL YEAR AND SHALL COMPUTE THE AMOUNT
 ACTUALLY RECEIVED AS REIMBURSEMENT FOR THE PRECEDING STATE FISCAL  YEAR.
 IF  SUCH  AMOUNT  COLLECTED  BY  THE DEPARTMENT AS REIMBURSEMENT FOR THE
 PRECEDING FISCAL YEAR IS LESS THAN THE DIRECT  AND  INDIRECT  COSTS  AND
 EXPENSES  INCURRED  BY THE COMMISSION AND THE DEPARTMENT RELATING TO THE
 IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES COMPA-
 NIES DURING SUCH PRECEDING FISCAL YEAR, THE CHAIR SHALL,  ON  OR  BEFORE
 OCTOBER  FIFTEENTH  OF  EACH  YEAR,  BILL  EACH  WIRELESS  COMMUNICATION
 SERVICES COMPANY FOR ITS PROPORTIONATE SHARE OF THE DEFICIT. ANY  AMOUNT
 OWING  BY  ANY  WIRELESS COMMUNICATION SERVICES COMPANY SHALL BE PAYABLE
 NOT LATER THAN THIRTY DAYS FOLLOWING THE DATE OF SUCH BILL.  ANY  AMOUNT
 OWED BY ANY WIRELESS COMMUNICATION SERVICES COMPANY WHICH REMAINS UNPAID
 BY  MAY FIRST OF THE FOLLOWING YEAR SHALL BE INCLUDED IN THE ESTIMATE OF
 THE TOTAL DIRECT AND INDIRECT COSTS AND EXPENSES  NECESSARY  TO  OPERATE
 AND  ADMINISTER  THE POWERS AND DUTIES OF THE COMMISSION AND THE DEPART-
 MENT RELATED TO THE IMPLEMENTATION OF THIS SECTION BY WIRELESS  COMMUNI-

 S. 5926                             3
 
 CATION  SERVICES  COMPANIES  FOR  THE  CURRENT STATE FISCAL YEAR. IF THE
 AMOUNT COLLECTED FOR A FISCAL YEAR IS MORE THAN THE DIRECT AND  INDIRECT
 COSTS  AND  EXPENSES  RELATED  TO  THE IMPLEMENTATION OF THIS SECTION BY
 WIRELESS COMMUNICATION SERVICES COMPANIES INCURRED BY THE COMMISSION AND
 THE  DEPARTMENT  DURING  SUCH FISCAL YEAR, THE CHAIR SHALL, ON OR BEFORE
 OCTOBER FIFTEENTH OF THE FOLLOWING YEAR, REFUND OR CREDIT EACH  WIRELESS
 COMMUNICATION  SERVICES  COMPANY  FOR  ITS  PROPORTIONATE  SHARE  OF THE
 SURPLUS. ANY AMOUNT STANDING TO THE CREDIT OF ANY WIRELESS COMMUNICATION
 SERVICES COMPANY SHALL BE APPLIED AS A  CREDIT  AGAINST  ANY  SUCCEEDING
 PAYMENT  DUE.  IN  NO EVENT SHALL THE AMOUNT BILLED TO OR COLLECTED FROM
 ANY WIRELESS COMMUNICATION SERVICES COMPANY  PURSUANT  TO  THIS  SECTION
 EXCEED  TWO  PERCENT OF THE GROSS ANNUAL RECEIPTS OF SUCH COMPANY DURING
 THE TWELVE MONTH PERIOD DESIGNATED BY THE COMMISSION.
   § 3. This act shall take effect immediately.

2019-S5926A - Details

See Assembly Version of this Bill:: A7759
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S4281, A585

2019-S5926A - Summary

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

2019-S5926A - Sponsor Memo

                                
 
BILL NUMBER: S5926A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring
STIR/SHAKEN authentication framework

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires providers of voice service to implement the STIR/SHAKEN authen-
tication framework in the internet protocol networks of voice service
providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision 6 of section 5 of the public
service law to add a new paragraph d to provide that the commission may
promulgate, issue, amend and rescind such orders, rules and regulations
as it may find necessary or appropriate for a provider of cellular tele-
phone service to carry out the provisions set forth in section ninety-

one-b of this chapter.

Section two adds a new section 91-b to the public service law to provide
that the public service commission shall require voice service providers
to implement the STIR/SHAKEN authentication framework or alternative
technology that provides comparable or superior capability to verify and
authenticate caller identification in the internet protocol networks of
voice service providers. It further provides that the costs incurred by
the department and commission in relation to the implementation of
STIR/SHAKEN by wireless communication services companies shall be paid
for by moneys collected by such companies as set forth in paragraph b of
subdivision four.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received.* It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone. ** In the
month of September 2018, roughly 4.4 billion robocalls were reported.***
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robo-
calls.**** In 2018, that number rose to about 29% and by 2019, it is
expected that at least 45% of all calls to cell phones will be robo-
calls.*****

Many of these calls are coming from .numbers that actually do not or
cannot make outgoing calls.******* These types of numbers are indicative
of "spoofing" schemes wherein the true caller identity is masked behind
a fake, invalid number. There is also a common practice of consumers
receiving calls from such invalid numbers which show up as a local call
on their caller ID, prompting many to pick up only to realize it is a
robocall.

In efforts to combat this issue, on November 5, 2018 the FCC called
upon, but did not require, all voice service providers to implement the
STIR/SHAKEN authentication protocol, with a target date of 2019. ******
The STIR/SHAKEN authentication protocol uses cryptography to validate
that a call is really from the number it displays, preventing bad actors
from illegally "spoofing" phone numbers.  STIR/SHAKEN also makes it much
easier to trace illegal calls back to their source, since each hall will
have an identification assigned to it. Once the source is identified,
enforcement actions can be taken against the perpetrators.

All voice providers must implement STIR/SHAKEN in order for it to be
effective, otherwise there will be holes in the telecommunications
system that bad actors can exploit to continue to "spoof" numbers and
avoid detection. Since the FCC has not required implementation, many
small providers have not adopted it and scammers have begun to originate
calls on those providers' networks to avoid authentication and
detection. By mandating implementation of STIR/SHAKEN by all voice
providers in New York, we can prevent this.

 
PRIOR LEGISLATIVE HISTORY: New bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
* See FCC press release- FCC Adopts Rules to Allow Phone Companies to
Proactively Block Illegal Robocalls. November 16, 2017. See also "The
FCC's Push to Combat Robocalls & Spoofing."
https://www.fcc.gov/aboutfcc/fcc-initiatives/fccs-push-combat-robocalls-
spoofing ** See https://www.cnbc.com/2018/06/06/americans-got-16-
billion-robocalls-thisy ear-heres-how-to-stop-them.html *** See
https://www.consumerreports.org/robocalls/best- ways-tofightrobocalls/
**** See https://www.washingtonpost.com/technology/2018/09/19/ nearly-
half-cellphone-calls-will-be-scams-by- report-says /?utm term=.
6dcOeb2b0198 ***** Id. ****** See FCC press release- CHAIRMAN PAI CALLS
ON INDUSTRY TO ADOPT ANTI-SPOOFING PROTOCOLS TO HELP CONSUMERS COMBAT
SCAM November 5, 2018. https:  //www.fcc.gov/document/ chairman-pai-de-
mandsindustry-adopt- protocolsend-illegal-spoofing

2019-S5926A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5926--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  recommitted  to  the Committee on Energy and Telecommuni-
   cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public  service  law,  in relation to requiring
   STIR/SHAKEN authentication framework
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of section 5 of the public service law is
 amended by adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, THE COMMISSION MAY
 PROMULGATE, ISSUE, AMEND AND RESCIND SUCH ORDERS, RULES AND  REGULATIONS
 AS IT MAY FIND NECESSARY OR APPROPRIATE FOR A PROVIDER OF CELLULAR TELE-
 PHONE  SERVICES TO CARRY OUT THE PROVISIONS SET FORTH IN SECTION NINETY-
 ONE-B OF THIS CHAPTER.
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. STIR/SHAKEN AUTHENTICATION  FRAMEWORK.  1.  AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE TELEPHONE
 IDENTITY REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED  INFORMATION
 USING  TOKENS  STANDARDS  PROPOSED BY THE INFORMATION AND COMMUNICATIONS
 TECHNOLOGY INDUSTRY.
   (B) "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH  THE
 PUBLIC  SWITCHED  TELEPHONE  NETWORK  AND  THAT FURNISHES VOICE COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN OR ANY SUCCESSOR TO THE NORTH AMERICAN NUMBERING  PLAN  ADOPTED  BY
 THE COMMISSION UNDER SECTION 251(E)(1) OF THE COMMUNICATIONS ACT OF 1934
 (47 U.S.C. 251(E)(1)); AND INCLUDES:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11622-08-0

 S. 5926--A                          2
 
   I.  TRANSMISSIONS  FROM  A  TELEPHONE  FACSIMILE MACHINE, COMPUTER, OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
   II.  WITHOUT  LIMITATION,  ANY SERVICE THAT ENABLES REAL-TIME, TWO-WAY
 VOICE COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES  INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 "CPE") AND PERMITS OUT-BOUND CALLING, WHETHER  OR  NOT  THE  SERVICE  IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
   2.  NOT  LATER  THAN  TWELVE MONTHS AFTER THE DATE UPON WHICH THIS ACT
 SHALL HAVE BECOME A LAW, THE COMMISSION  SHALL  REQUIRE  A  PROVIDER  OF
 VOICE  SERVICE  TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK OR
 ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPARABLE OR  SUPERIOR  CAPABILITY
 TO  VERIFY AND AUTHENTICATE CALLER IDENTIFICATION IN THE INTERNET PROTO-
 COL NETWORKS OF VOICE SERVICE PROVIDERS.
   3. THE COMMISSION  MAY  PROMULGATE,  ISSUE,  AMEND  AND  RESCIND  SUCH
 ORDERS, RULES AND REGULATIONS AS IT MAY FIND NECESSARY OR APPROPRIATE TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   4. (A) ALL COSTS AND EXPENSES OF THE DEPARTMENT AND COMMISSION RELATED
 TO THE IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES
 COMPANIES  SHALL BE PAID PURSUANT TO APPROPRIATION IN THE FIRST INSTANCE
 FROM THE STATE TREASURY, ON  THE  CERTIFICATION  OF  THE  CHAIR  OF  THE
 DEPARTMENT  AND UPON THE AUDIT AND WARRANT OF THE COMPTROLLER. THE STATE
 TREASURY SHALL BE REIMBURSED THEREFOR BY PAYMENTS TO BE MADE FROM MONEYS
 COLLECTED PURSUANT TO THIS ARTICLE.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  BY FEBRUARY FIRST OF EACH YEAR, THE CHAIR OF THE DEPARTMENT SHALL
 ESTIMATE THE TOTAL DIRECT AND INDIRECT COSTS AND EXPENSES  NECESSARY  TO
 OPERATE  AND  ADMINISTER  THE  POWERS  AND  DUTIES OF THE COMMISSION AND
 DEPARTMENT RELATING TO THE IMPLEMENTATION OF THIS  SECTION  BY  WIRELESS
 COMMUNICATION  SERVICES COMPANIES FOR THE ENSUING STATE FISCAL YEAR. THE
 CHAIR SHALL, PRIOR TO MARCH FIRST, BILL AND COLLECT FROM  EACH  WIRELESS
 COMMUNICATION  SERVICES  COMPANY  AN AMOUNT COMPUTED BY MULTIPLYING SUCH
 TOTAL ESTIMATED OPERATING EXPENSES OF THE COMMISSION BY A FRACTION,  THE
 NUMERATOR  OF WHICH IS THE GROSS ANNUAL RECEIPTS OF SUCH WIRELESS COMMU-
 NICATION SERVICES COMPANY DURING THE LAST  PRECEDING  CALENDAR  YEAR  OR
 OTHER  TWELVE MONTH PERIOD AS DETERMINED BY THE CHAIR, AND THE DENOMINA-
 TOR OF WHICH IS THE TOTAL ANNUAL GROSS RECEIPTS OF ALL WIRELESS COMMUNI-
 CATION SERVICES COMPANIES OPERATING IN THE STATE DURING SUCH  PERIOD.  A
 WIRELESS  COMMUNICATION  SERVICES  COMPANY  MAY  ELECT  TO  MAKE PARTIAL
 PAYMENTS EQUAL TO ONE QUARTER OF THE TOTAL AMOUNT BILLED, BY MARCH TENTH
 OF THE PRECEDING FISCAL YEAR TO WHICH THE BILLING RELATES,  OR  ON  SUCH
 OTHER  DATES  AS  THE  DIRECTOR  OF THE BUDGET MAY REQUIRE. ON OR BEFORE
 SEPTEMBER THIRTIETH OF EACH YEAR, THE CHAIR  SHALL  COMPUTE  THE  ACTUAL
 DIRECT AND INDIRECT COSTS AND EXPENSES OF THE COMMISSION RELATING TO THE
 IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES COMPA-
 NIES  FOR  THE  PRECEDING STATE FISCAL YEAR AND SHALL COMPUTE THE AMOUNT
 ACTUALLY RECEIVED AS REIMBURSEMENT FOR THE PRECEDING STATE FISCAL  YEAR.
 IF  SUCH  AMOUNT  COLLECTED  BY  THE DEPARTMENT AS REIMBURSEMENT FOR THE
 PRECEDING FISCAL YEAR IS LESS THAN THE DIRECT  AND  INDIRECT  COSTS  AND
 EXPENSES  INCURRED  BY THE COMMISSION AND THE DEPARTMENT RELATING TO THE
 IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNICATION SERVICES COMPA-
 NIES DURING SUCH PRECEDING FISCAL YEAR, THE CHAIR SHALL,  ON  OR  BEFORE
 OCTOBER  FIFTEENTH  OF  EACH  YEAR,  BILL  EACH  WIRELESS  COMMUNICATION
 SERVICES COMPANY FOR ITS PROPORTIONATE SHARE OF THE DEFICIT. ANY  AMOUNT
 OWING  BY  ANY  WIRELESS COMMUNICATION SERVICES COMPANY SHALL BE PAYABLE
 NOT LATER THAN THIRTY DAYS FOLLOWING THE DATE OF SUCH BILL.  ANY  AMOUNT
 OWED BY ANY WIRELESS COMMUNICATION SERVICES COMPANY WHICH REMAINS UNPAID

 S. 5926--A                          3

 BY  MAY FIRST OF THE FOLLOWING YEAR SHALL BE INCLUDED IN THE ESTIMATE OF
 THE TOTAL DIRECT AND INDIRECT COSTS AND EXPENSES  NECESSARY  TO  OPERATE
 AND  ADMINISTER  THE POWERS AND DUTIES OF THE COMMISSION AND THE DEPART-
 MENT  RELATED TO THE IMPLEMENTATION OF THIS SECTION BY WIRELESS COMMUNI-
 CATION SERVICES COMPANIES FOR THE CURRENT  STATE  FISCAL  YEAR.  IF  THE
 AMOUNT  COLLECTED FOR A FISCAL YEAR IS MORE THAN THE DIRECT AND INDIRECT
 COSTS AND EXPENSES RELATED TO THE  IMPLEMENTATION  OF  THIS  SECTION  BY
 WIRELESS COMMUNICATION SERVICES COMPANIES INCURRED BY THE COMMISSION AND
 THE  DEPARTMENT  DURING  SUCH FISCAL YEAR, THE CHAIR SHALL, ON OR BEFORE
 OCTOBER FIFTEENTH OF THE FOLLOWING YEAR, REFUND OR CREDIT EACH  WIRELESS
 COMMUNICATION  SERVICES  COMPANY  FOR  ITS  PROPORTIONATE  SHARE  OF THE
 SURPLUS. ANY AMOUNT STANDING TO THE CREDIT OF ANY WIRELESS COMMUNICATION
 SERVICES COMPANY SHALL BE APPLIED AS A  CREDIT  AGAINST  ANY  SUCCEEDING
 PAYMENT  DUE.  IN  NO EVENT SHALL THE AMOUNT BILLED TO OR COLLECTED FROM
 ANY WIRELESS COMMUNICATION SERVICES COMPANY  PURSUANT  TO  THIS  SECTION
 EXCEED  TWO  PERCENT OF THE GROSS ANNUAL RECEIPTS OF SUCH COMPANY DURING
 THE TWELVE MONTH PERIOD DESIGNATED BY THE COMMISSION.
   § 3. This act shall take effect immediately.

2019-S5926B (ACTIVE) - Details

See Assembly Version of this Bill:: A7759
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S4281, A585

2019-S5926B (ACTIVE) - Summary

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

2019-S5926B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5926B

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
STIR/SHAKEN authentication framework

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires providers of voice service to implement the STIR/SHAKEN authen-
tication framework in the internet protocol networks of voice service
providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds a new section 399-z-1 to the general busi-
ness law to provide that voice service providers shall implement the
STIR/SHAKEN authentication framework or alternative technology that
provides comparable or superior capability to verify and authenticate
caller identification in the internet protocol networks of voice service

providers. It further sets forth penalty and enforcement provisions.

Section two provides the effective date.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received.* It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone. ** In the
month of September 2018, roughly 4.4 billion robocalls were reported.***
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robo-
calls.**** In 2018, that number rose to about 29% and by 2019, it is
expected that at least 45% of all calls to cell phones will be robo-
calls.*****

Many of these calls are coming from .numbers that actually do not or
cannot make outgoing calls.******* These types of numbers are indicative
of "spoofing" schemes wherein the true caller identity is masked behind
a fake, invalid number. There is also a common practice of consumers
receiving calls from such invalid numbers which show up as a local call
on their caller ID, prompting many to pick up only to realize it is a
robocall.

In efforts to combat this issue, on November 5, 2018 the FCC called
upon, but did not require, all voice service providers to implement the
STIR/SHAKEN authentication protocol, with a target date of 2019. ******
The STIR/SHAKEN authentication protocol uses cryptography to validate
that a call is really from the number it displays, preventing bad actors
from illegally "spoofing" phone numbers. STIR/SHAKEN also makes it much
easier to trace illegal calls back to their source, since each hall will
have an identification assigned to it. Once the source is identified,
enforcement actions can be taken against the perpetrators.

All voice providers must implement STIR/SHAKEN in order for it to be
effective, otherwise there will be holes in the telecommunications
system that bad actors can exploit to continue to "spoof" numbers and
avoid detection. Since the FCC has not required implementation, many
small providers have not adopted it and scammers have begun to originate
calls on those providers' networks to avoid authentication and
detection. By mandating implementation of STIR/SHAKEN by all voice
providers in New York, we can prevent this.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
* See FCC press release- FCC Adopts Rules to Allow Phone Companies to
Proactively Block Illegal Robocalls. November 16, 2017. See also "The
FCC's Push to Combat Robocalls & Spoofing."
https://www.fcc.gov/aboutfcc/fcc- initiatives/fccs-push-combat-
robocalls- spoofing
** See https://www.cnbc.com/2018/06/06/ americans-got-16-billion-robo-
calls-thisy ear-heres-how-to-stop-them.html
*** See https://www.consumerreports.org/ robocalls/best-ways-
tofightrobocalls/ **** See
https://www.washingtonpost.com/technology/2018/09/19/ nearlyhalf-cell-
phone-calls-will- be-scams-by-report-says /?utm term=.  6dcOeb2b0198
***** Id. ****** See FCC press release- CHAIRMAN PAI CALLS ON INDUSTRY
TO ADOPT ANTI-SPOOFING PROTOCOLS TO HELP CONSUMERS COMBAT SCAM November
5, 2018.  https://www.fcc.gov/document/ chairman-paidemandsindustry-
adopt-protocolsend-illegal-spoofing

2019-S5926B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5926--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  recommitted  to  the Committee on Energy and Telecommuni-
   cations in  accordance  with  Senate  Rule  6,  sec.  8  --  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,  in  relation  to  requiring
   STIR/SHAKEN authentication framework
 
   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-z-1 to read as follows:
   § 399-Z-1. STIR/SHAKEN AUTHENTICATION FRAMEWORK. 1. AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE TELEPHONE
 IDENTITY REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED  INFORMATION
 USING  TOKENS  STANDARDS  PROPOSED BY THE INFORMATION AND COMMUNICATIONS
 TECHNOLOGY INDUSTRY.
   (B) "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH  THE
 PUBLIC  SWITCHED  TELEPHONE  NETWORK  AND  THAT FURNISHES VOICE COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN OR ANY SUCCESSOR TO THE NORTH AMERICAN NUMBERING  PLAN  ADOPTED  BY
 THE  PUBLIC  SERVICE  COMMISSION UNDER SECTION 251(E)(1) OF THE COMMUNI-
 CATIONS ACT OF 1934 (47 U.S.C. 251(E)(1)); AND INCLUDES:
   I. TRANSMISSIONS FROM A  TELEPHONE  FACSIMILE  MACHINE,  COMPUTER,  OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
   II.  WITHOUT  LIMITATION,  ANY SERVICE THAT ENABLES REAL-TIME, TWO-WAY
 VOICE COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES  INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11622-12-0

 S. 5926--B                          2
 
 "CPE") AND PERMITS OUT-BOUND CALLING, WHETHER  OR  NOT  THE  SERVICE  IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
   2. NOT LATER THAN TWELVE MONTHS AFTER THE DATE UPON WHICH THIS SECTION
 SHALL  HAVE  BECOME A LAW, THE PUBLIC SERVICE COMMISSION SHALL REQUIRE A
 PROVIDER OF VOICE SERVICE TO IMPLEMENT  THE  STIR/SHAKEN  AUTHENTICATION
 FRAMEWORK OR ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPARABLE OR SUPERIOR
 CAPABILITY  TO  VERIFY  AND  AUTHENTICATE  CALLER  IDENTIFICATION IN THE
 INTERNET PROTOCOL NETWORKS OF VOICE SERVICE PROVIDERS.
   3. ANY VOICE SERVICE PROVIDER THAT  KNOWINGLY  FAILS  OR  NEGLECTS  TO
 COMPLY  WITH  THIS  SECTION, OR A RULE OR REGULATION ADOPTED THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN THOUSAND DOLLARS AND NO  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF  A  CONTINUING  VIOLATION,  EACH  DAY  SHALL BE DEEMED A SEPARATE AND
 DISTINCT OFFENSE.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER (A) THE ATTORNEY GENERAL  IN  THE    NAME  OF  THE
 PEOPLE  OF THE STATE OF NEW YORK, OR (B) IN THE CASE OF A  VOICE SERVICE
 PROVIDER SUBJECT TO THE JURISDICTION OF THE PUBLIC  SERVICE  COMMISSION,
 TO  A  COURT OR JUSTICE HAVING JURISDICTION, TO ISSUE AN INJUNCTION, AND
 UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND
 RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR THE ENFORCEMENT OF
 THE PENALTIES PROVIDED IN THIS SECTION.
   5. WHEN THE DEPARTMENT OF PUBLIC  SERVICE  HAS  REASON  TO  BELIEVE  A
 PERSON  OR  VOICE  SERVICE  PROVIDER  HAS VIOLATED ANY PROVISION OF THIS
 SECTION, THE  DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF  RELE-
 VANT  DOCUMENTS  AND  RECORDS.  IF THE PERSON UPON WHOM SUCH REQUEST WAS
 MADE FAILS TO PRODUCE THE DOCUMENTS  OR  RECORDS  WITHIN  FOURTEEN  DAYS
 AFTER  THE  DATE  OF  THE  REQUEST,  THE  DEPARTMENT MAY ISSUE AND SERVE
 SUBPOENAS TO COMPEL THE PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY
 PERSON SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION,
 THE DEPARTMENT MAY PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE
 THE SUBPOENA AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO REQUEST
 A CIVIL PENALTY NOT TO EXCEED  ONE  THOUSAND  DOLLARS  PER  DAY,  ACTUAL
 DAMAGES SUSTAINED BY REASON OF THE FAILURE TO COMPLY, AND SUCH SANCTIONS
 AS THE COURT MAY DIRECT.
   6.  THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC SERVICE
 MAY PROMULGATE RULES  AND  REGULATIONS  TO  IMPLEMENT  AND  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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