II 

109TH CONGRESS 

2D SESSION H. R. 5304 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9 (legislative day, DECEMBER 8), 2006 

Received 

AN ACT 

To amend title 18, United States Code, to provide a penalty 

for caller ID spoofing, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Harass3 ment through Outbound Number Enforcement Act’’. 

4 SEC. 2. CALLER ID SPOOFING. 

5 (a) IN GENERAL.—Chapter 47 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 1039. Caller ID spoofing 

9 ‘‘(a) IN GENERAL.—Whoever knowingly modifies 

10 caller ID information with the intent to defraud or harass 

11 another person, or to use another person’s caller ID infor12 mation without consent, shall be fined under this title, im13 prisoned for not more than five years, or both. 

14 ‘‘(b) ATTEMPT; CONSPIRACY.—Whoever attempts or 

15 conspires to commit an offense under subsection (a) of 

16 this section shall be punished as provided in subsection 

17 (a) of this section. 

18 ‘‘(c) EXCEPTIONS.—This section does not prohibit 

19 the following: 

20 ‘‘(1) Any blocking of caller ID information. 

21 ‘‘(2) Any lawfully authorized investigative, pro22 tective, or intelligence activity of a law enforcement 

23 agency of the United States, a State, or a political 

24 subdivision of a State, or of an intelligence agency 

25 of the United States, or any activity authorized 

26 under chapter 224 of this title. 


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1 ‘‘(d) DEFINITIONS.—(1) In this section: 

2 ‘‘(A) The term ‘caller ID information’ 

3 means information transmitted— 

4 ‘‘(i) by a service or device; 

5 ‘‘(ii) to the recipient of a telephone 

6 call; and 

7 ‘‘(iii) regarding the telephone number 

8 of, or other information regarding the 

9 origination of, the telephone call. 

10 ‘‘(B) The term ‘telephone call’ means a 

11 call made using a telecommunications service or 

12 VOIP service. 

13 ‘‘(C) The term ‘VOIP service’ means a 

14 service that— 

15 ‘‘(i) provides real-time 2-way voice 

16 communications transmitted through cus17 tomer premises equipment using Trans18 mission Control Protocol/Internet Protocol, 

19 or a successor protocol (including when the 

20 voice communication is converted to or 

21 from Transmission Control Protocol/Inter22 net Protocol by the VOIP service provider 

23 and transmitted to the subscriber without 

24 use of circuit switching), for a fee; 


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1 ‘‘(ii) is offered to the public, or such 

2 classes of users as to be effectively avail3 able to the public (whether part of a bun4 dle of services or separately); and 

5 ‘‘(iii) has the capability to originate 

6 traffic to, and terminate traffic from, the 

7 public switched telephone network. 

8 ‘‘(D) The term ‘State’ includes a State of 

9 the United States, the District of Columbia, 

10 and any commonwealth, territory, or possession 

11 of the United States. 

12 ‘‘(2) A term used in a definition in paragraph (1) 

13 has the meaning given such term in section 3 of the Com14 munications Act of 1934 (47 U.S.C. 153).’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 47 of title 18, United States 

17 Code, is amended by adding at the end the following new 

18 item: 

‘‘1039. Caller ID spoofing.’’. 

Passed the House of Representatives December 9 

(legislative day, December 8), 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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