S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7158

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by M. of A. MAYER -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law and the civil practice law  and
  rules,  in relation to prohibiting business entities from transmitting
  false caller identification information with the intent to defraud  or
  harass any person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION. 1. IT  SHALL  BE  UNLAWFUL  FOR  ANY  BUSINESS  ENTITY,  IN
CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
ANY  CALLER  IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA-
TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS,  WHEN  MAKING  A
CALL TO ANY PERSON WITHIN THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "BUSINESS  ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER  LEGAL
ENTITY.
  (B)  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING  THE  TELEPHONE
NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
  (C) "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR  DEVICE
DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS  SERVICE  OR  VOIP  SERVICE.  SUCH  TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (D)  "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME, TWO-WAY
VOICE COMMUNICATION  ORIGINATING  FROM  OR  TERMINATING  AT  THE  USER'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00375-02-5
              

A. 7158                             2

LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
BAND  CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE A
CALL THAT ORIGINATES ON THE PUBLIC SWITCHED  TELEPHONE  NETWORK  AND  TO
TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
INJUNCTION,  AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
THE  SATISFACTION  OF  THE  COURT  OR JUSTICE, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED  THIS  SECTION  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES,  THE  COURT  MAY
DIRECT  RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
DERANCE OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION,  WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND
DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT  MORE  THAN  ONE
HUNDRED  THOUSAND  DOLLARS,  FOR  ALL  CALLS PLACED IN VIOLATION OF THIS
SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION  WITH
ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND  TO  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  4.  SUBDIVISION  THREE  OF  THIS  SECTION  DOES NOT CREATE, AND IS NOT
INTENDED TO CREATE, ANY RIGHT OF  ACTION  AGAINST  A  TELECOMMUNICATIONS
SERVICE PROVIDER OR VOIP SERVICE PROVIDER WHOSE SERVICE, INCLUDING CALL-
ER  IDENTIFICATION  SERVICE, IS USED BY A BUSINESS ENTITY TO TRANSMIT OR
DISPLAY FALSE CALLER IDENTIFICATION INFORMATION  IN  VIOLATION  OF  THIS
SECTION.
  5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER OF A
LAW ENFORCEMENT UNIT ACTING WITHIN THE SCOPE  OF  HIS  OR  HER  ASSIGNED
DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL-
ER IDENTIFICATION MANIPULATION.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice  law  and  rules, as amended by chapter 530 of the laws of 2002, is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A, twenty-three-A or thirty-three or section three hundred  nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of  the  executive  law,  or  under article twenty-three of the arts and
cultural affairs law, or in an  action  or  proceeding  brought  by  the
[attorney-general]   ATTORNEY   GENERAL  under  applicable  statutes  to
dissolve a corporation or for usurpation of public office,  or  unlawful
exercise  of  franchise  or  of corporate right, a sum not exceeding two
thousand dollars against each defendant.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.