Senate Bill S4281A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4281--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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
 "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 EFFECTIVE DATE OF THIS
 SECTION, THE PUBLIC SERVICE COMMISSION SHALL REQUIRE A PROVIDER OF VOICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01131-03-1

 S. 4281--A                          2
 
 SERVICE TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK OR  ALTER-
 NATIVE  TECHNOLOGY  THAT  PROVIDES  COMPARABLE OR SUPERIOR CAPABILITY TO
 VERIFY AND AUTHENTICATE CALLER IDENTIFICATION IN THE  INTERNET  PROTOCOL
 NETWORKS OF VOICE SERVICE PROVIDERS.
   3.  (A) 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.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 VOICE SERVICE PROVIDER SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THIS
 SECTION  AND  ANY RULE OR REGULATION ADOPTED THEREUNDER IF THAT PROVIDER
 HAS FILED A CERTIFICATION WITH  THE  FEDERAL  COMMUNICATIONS  COMMISSION
 THAT THE PROVIDER'S TRAFFIC IS EITHER SIGNED WITH STIR/SHAKEN OR SUBJECT
 TO A COMPLIANT ROBOCALL MITIGATION PROGRAM. A COPY OF SUCH CERTIFICATION
 SHALL  BE  MADE  AVAILABLE TO THE ATTORNEY GENERAL OR THE PUBLIC SERVICE
 COMMISSION, UPON REQUEST.
   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.