I 

109TH CONGRESS 

2D SESSION H. R. 5304 

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

ID spoofing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Mr. MURPHY (for himself, Mr. SIMMONS, Ms. HART, and Mr. CARTER) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Harass5 ment through Outbound Number Enforcement Act’’. 

6 SEC. 2. CALLER ID SPOOFING. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 1038. Caller ID spoofing 

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

3 caller ID information with intent to mislead the recipient 

4 of a telephone call as to the identity of the person making 

5 the call shall be fined under this title, imprisoned for not 

6 more than five years, or both. 

7 ‘‘(b) EXCEPTIONS.—This section does not prohibit 

8 the following: 

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

10 ‘‘(2) Any lawfully authorized investigative, pro11 tective, or intelligence activity of a law enforcement 

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

13 subdivision of a State, or of an intelligence agency 

14 of the United States, or any activity authorized 

15 under chapter 224 of this title. 

16 ‘‘(c) DEFINITIONS.—(1) In this section: 

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

18 means information transmitted— 

19 ‘‘(i) by a service or device; 

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

21 call; and 

22 ‘‘(iii) regarding the telephone number 

23 of, or other information regarding the 

24 origination of, the telephone call. 


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

2 call made using a telecommunications service or 

3 VOIP service. 

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

5 service that— 

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

7 communications transmitted through cus8 tomer premises equipment using Trans9 mission Control Protocol/Internet Protocol, 

10 or a successor protocol (including when the 

11 voice communication is converted to or 

12 from Transmission Control Protocol/Inter13 net Protocol by the VOIP service provider 

14 and transmitted to the subscriber without 

15 use of circuit switching), for a fee; 

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

17 classes of users as to be effectively avail18 able to the public (whether part of a bun19 dle of services or separately); and 

20 ‘‘(iii) has the capability to originate 

21 traffic to, and terminate traffic from, the 

22 public switched telephone network. 

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

24 the United States, the District of Columbia, 


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1 and any commonwealth, territory, or possession 

2 of the United States. 

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

4 has the meaning given such term in section 3 of the Com5 munications Act of 1934 (47 U.S.C. 153).’’. 

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

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

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

9 item: 

‘‘1038. Caller ID spoofing.’’. 

Æ 


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