I 
111TH CONGRESS 
1ST SESSION H. R. 1110 
To amend title 18, United States Code, to prevent caller ID spoofing, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2009 
Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Mr. TIM MURPHY of Penn-
sylvania, Ms. JACKSON-LEE of Texas, and Mr. SHERMAN) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prevent caller 
ID spoofing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Harass-
ment through Outbound Number Enforcement Act of 
2009’’ or the ‘‘PHONE Act of 2009’’. 
SEC. 2. CALLER ID SPOOFING. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1041. Caller ID spoofing 
‘‘(a) OFFENSE.—Whoever, in or affecting interstate 
or foreign commerce, knowingly uses or provides to an-
other— 
‘‘(1) false caller ID information with intent 
wrongfully to obtain anything of value; or 
‘‘(2) caller ID information pertaining to an ac-
tual person or other entity without that person’s or 
entity’s consent and with intent to deceive any per-
son or other entity about the identity of the caller; 
or attempts or conspires to do so, shall be punished as 
provided in subsection (b). 
‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 
shall— 
‘‘(1) if the offense is a violation of subsection 
(a)(1), be fined under this title or imprisoned not 
more than 5 years, or both; and 
‘‘(2) if the offense is a violation of subsection 
(a)(2), be fined under this title or imprisoned not 
more than one year, or both. 
‘‘(c) LAW ENFORCEMENT EXCEPTION.—This section 
does not prohibit lawfully authorized investigative, protec-
tive, or intelligence activity of a law enforcement agency 
of the United States, a State, or a political subdivision 
of a State, or of an intelligence agency of the United 
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States, or any activity authorized under chapter 224 of 
this title. 
‘‘(d) FORFEITURE.— 
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on a person who is convicted of an offense 
under this section, shall order that the defendant 
forfeit to the United States— 
‘‘(A) any property, real or personal, consti-
tuting or traceable to gross proceeds obtained 
from such offense; and 
‘‘(B) any equipment, software or other 
technology used or intended to be used to com-
mit or to facilitate the commission of such of-
fense. 
‘‘(2) PROCEDURES.—The procedures set forth 
in section 413 of the Controlled Substances Act (21 
U.S.C. 853), other than subsection (d) of that sec-
tion, and in Rule 32.2 of the Federal Rules of 
Criminal Procedure, shall apply to all stages of a 
criminal forfeiture proceeding under this section. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘caller ID information’ means any 
identifying information regarding the origination of 
a telephone call, including the name or the telephone 
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number of the caller, that is transmitted with the 
telephone call; 
‘‘(2) the term ‘telephone call’ means a call 
made using or received on a telecommunications 
service or VOIP service; 
‘‘(3) the term ‘telecommunications service’ 
means the offering of telecommunications for a fee 
directly to the public, or to such classes of users as 
to be effectively available directly to the public, re-
gardless of the facilities used; 
‘‘(4) the term ‘VOIP service’ means a service 
that— 
‘‘(A) provides real-time or near real-time 
voice communications transmitted using Inter-
net Protocol, or a successor protocol; 
‘‘(B) is offered to the public, or such class-
es of users as to be effectively available to the 
public (whether part of a bundle of services or 
separately); and 
‘‘(C) has the capability to originate traffic 
to, or terminate traffic from, the public 
switched telephone network or a successor net-
work; and 
‘‘(5) the term ‘State’ includes a State of the 
United States, the District of Columbia, and any 
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