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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Harass-
ment through Outbound Number Enforcement Act’’. 
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: 
‘‘§ 1039. Caller ID spoofing 
‘‘(a) IN GENERAL.—Whoever knowingly modifies 
caller ID information with the intent to defraud or harass 
another person, or to use another person’s caller ID infor-
mation without consent, shall be fined under this title, im-
prisoned for not more than five years, or both. 
‘‘(b) ATTEMPT; CONSPIRACY.—Whoever attempts or 
conspires to commit an offense under subsection (a) of 
this section shall be punished as provided in subsection 
(a) of this section. 
‘‘(c) EXCEPTIONS.—This section does not prohibit 
the following: 
‘‘(1) Any blocking of caller ID information. 
‘‘(2) Any lawfully authorized investigative, pro-
tective, 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 States, or any activity authorized 
under chapter 224 of this title. 
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‘‘(d) DEFINITIONS.—(1) In this section: 
‘‘(A) The term ‘caller ID information’ 
means information transmitted— 
‘‘(i) by a service or device; 
‘‘(ii) to the recipient of a telephone 
call; and 
‘‘(iii) regarding the telephone number 
of, or other information regarding the 
origination of, the telephone call. 
‘‘(B) The term ‘telephone call’ means a 
call made using a telecommunications service or 
VOIP service. 
‘‘(C) The term ‘VOIP service’ means a 
service that— 
‘‘(i) provides real-time 2-way voice 
communications transmitted through cus-
tomer premises equipment using Trans-
mission Control Protocol/Internet Protocol, 
or a successor protocol (including when the 
voice communication is converted to or 
from Transmission Control Protocol/Inter-
net Protocol by the VOIP service provider 
and transmitted to the subscriber without 
use of circuit switching), for a fee; 
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‘‘(ii) is offered to the public, or such 
classes of users as to be effectively avail-
able to the public (whether part of a bun-
dle of services or separately); and 
‘‘(iii) has the capability to originate 
traffic to, and terminate traffic from, the 
public switched telephone network. 
‘‘(D) The term ‘State’ includes a State of 
the United States, the District of Columbia, 
and any commonwealth, territory, or possession 
of the United States. 
‘‘(2) A term used in a definition in paragraph (1) 
has the meaning given such term in section 3 of the Com-
munications Act of 1934 (47 U.S.C. 153).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 47 of title 18, United States 
Code, is amended by adding at the end the following new 
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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