I 
110TH CONGRESS 
1ST SESSION 
H. R. 740 
To amend title 18, United States Code, to prevent caller ID spoofing, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 31, 2007 
Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Mr. FORBES, Mr. TIM 
MURPHY of Pennsylvania, Mr. REICHERT, and Mrs. SCHMIDT) 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 (PHONE) 
Act of 2007’’. 
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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‘‘§ 1040. 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 to 
defraud; or 
‘‘(2) caller ID information pertaining to an ac-
tual person without that person’s consent and with 
intent to deceive the recipient of a call 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 committed for commercial 
gain, be fined under this title or imprisoned not 
more than 5 years, or both; and 
‘‘(2) be fined under this title or imprisoned not 
more than one year, or both, in any other case. 
‘‘(c) LAW ENFORCEMENT EXCEPTION.—It is a de-
fense to a prosecution for an offense under this section 
that the conduct involved was lawfully authorized inves-
tigative, protective, or intelligence activity of a law en-
forcement agency of the United States, a State, or a polit-
ical subdivision of a State, or of an intelligence agency 
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of the United 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 in-
formation regarding the origination of the telephone 
call, such as the name or the telephone number of 
the caller; 
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‘‘(2) the term ‘telephone call’ means a call 
made using or received on a telecommunications 
service or VOIP service; 
‘‘(3) the term ‘VOIP service’ means a service 
that— 
‘‘(A) provides real-time 2-way voice com-
munications transmitted using Internet Pro-
tocol, 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; 
‘‘(4) the term ‘State’ includes a State of the 
United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States; and 
‘‘(5) a term used in a definition in this sub-
section has the meaning given that term in section 
3 of the Communications Act of 1934 (47 U.S.C. 
153).’’. 
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