S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  585--A
                                                          Cal. No. 36
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. PAULIN, OTIS, FAHY, GRIFFIN, WALLACE, VANEL --
   read once and referred to the Committee on  Corporations,  Authorities
   and  Commissions -- reported and referred to the Committee on Codes --
   reported from committee, advanced to  a  third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   STIR/SHAKEN authentication framework
 
   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-z-1 to read as follows:
   §  399-Z-1.  STIR/SHAKEN  AUTHENTICATION FRAMEWORK. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE  TELEPHONE
 IDENTITY  REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED INFORMATION
 USING TOKENS STANDARDS PROPOSED BY THE  INFORMATION  AND  COMMUNICATIONS
 TECHNOLOGY INDUSTRY.
   (B)  "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH THE
 PUBLIC SWITCHED TELEPHONE NETWORK  AND  THAT  FURNISHES  VOICE  COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN  OR  ANY  SUCCESSOR TO THE NORTH AMERICAN NUMBERING PLAN ADOPTED BY
 THE PUBLIC SERVICE COMMISSION UNDER SECTION 251(E)(1)  OF  THE  COMMUNI-
 CATIONS ACT OF 1934 (47 U.S.C. 251(E)(1)); AND INCLUDES:
   I.  TRANSMISSIONS  FROM  A  TELEPHONE  FACSIMILE MACHINE, COMPUTER, OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
   II. WITHOUT LIMITATION, ANY SERVICE THAT  ENABLES  REAL-TIME,  TWO-WAY
 VOICE  COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 "CPE")  AND  PERMITS  OUT-BOUND  CALLING,  WHETHER OR NOT THE SERVICE IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01131-02-1

 A. 585--A                           2
 
   2. NOT LATER THAN TWELVE MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, THE PUBLIC SERVICE COMMISSION SHALL REQUIRE A PROVIDER OF VOICE
 SERVICE  TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK OR ALTER-
 NATIVE TECHNOLOGY THAT PROVIDES COMPARABLE  OR  SUPERIOR  CAPABILITY  TO
 VERIFY  AND  AUTHENTICATE CALLER IDENTIFICATION IN THE INTERNET PROTOCOL
 NETWORKS OF VOICE SERVICE PROVIDERS.
   3. (A) ANY VOICE SERVICE PROVIDER THAT KNOWINGLY FAILS OR NEGLECTS  TO
 COMPLY  WITH  THIS  SECTION, OR A RULE OR REGULATION ADOPTED THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN THOUSAND DOLLARS AND NO  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF  A  CONTINUING  VIOLATION,  EACH  DAY  SHALL BE DEEMED A SEPARATE AND
 DISTINCT OFFENSE.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 VOICE SERVICE PROVIDER SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THIS
 SECTION AND ANY RULE OR REGULATION ADOPTED THEREUNDER IF  THAT  PROVIDER
 HAS  FILED  A  CERTIFICATION  WITH THE FEDERAL COMMUNICATIONS COMMISSION
 THAT THE PROVIDER'S TRAFFIC IS EITHER SIGNED WITH STIR/SHAKEN OR SUBJECT
 TO A COMPLIANT ROBOCALL MITIGATION PROGRAM. A COPY OF SUCH CERTIFICATION
 SHALL BE MADE AVAILABLE TO THE ATTORNEY GENERAL OR  THE  PUBLIC  SERVICE
 COMMISSION, UPON REQUEST.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  EITHER  (A) THE ATTORNEY GENERAL IN THE   NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK, OR (B) IN THE CASE OF A  VOICE  SERVICE
 PROVIDER  SUBJECT  TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION,
 TO A COURT OR JUSTICE HAVING JURISDICTION, TO ISSUE AN  INJUNCTION,  AND
 UPON  NOTICE  TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR THE ENFORCEMENT  OF
 THE PENALTIES PROVIDED IN THIS SECTION.
   5.  WHEN  THE  DEPARTMENT  OF  PUBLIC  SERVICE HAS REASON TO BELIEVE A
 PERSON OR VOICE SERVICE PROVIDER HAS  VIOLATED  ANY  PROVISION  OF  THIS
 SECTION,  THE  DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF RELE-
 VANT DOCUMENTS AND RECORDS. IF THE PERSON UPON  WHOM  SUCH  REQUEST  WAS
 MADE  FAILS  TO  PRODUCE  THE  DOCUMENTS OR RECORDS WITHIN FOURTEEN DAYS
 AFTER THE DATE OF THE  REQUEST,  THE  DEPARTMENT  MAY  ISSUE  AND  SERVE
 SUBPOENAS TO COMPEL THE PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY
 PERSON SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION,
 THE DEPARTMENT MAY PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE
 THE SUBPOENA AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO REQUEST
 A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE THOUSAND DOLLARS PER DAY, ACTUAL
 DAMAGES SUSTAINED BY REASON OF THE FAILURE TO COMPLY, AND SUCH SANCTIONS
 AS THE COURT MAY DIRECT.
   6. THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC  SERVICE
 MAY  PROMULGATE  RULES  AND  REGULATIONS  TO  IMPLEMENT  AND ENFORCE THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.