NY State Senate Bill 2021-S8032

Senate Bill S8032

2021-2022 Legislative Session

Requires businesses which provide for someone to spoof a telephone number to keep certain records

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2022	referred to consumer protection

2021-S8032 (ACTIVE) - Details

See Assembly Version of this Bill:: A8565
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-rr, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S2318, A61

2021-S8032 (ACTIVE) - Summary

Requires businesses which provide for someone to spoof a telephone number to keep records of the phone calls placed with their services.

2021-S8032 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8032

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring busi-
nesses which provide for someone to spoof a telephone number to keep
certain records

 
PURPOSE:

This legislation will require business which provide for someone to
spoof a telephone number to keep certain records

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law by adding a new section that
defines "spoofing of a telephone number" and outlines what types of
records are to be kept.

Section 2 sets the effective date.

 
JUSTIFICATION:

There has been a recent disturbing trend of individuals using phone apps
and other websites to make harassing calls to elected officials and
other private citizens in New York State. When these fake numbers are
brought to the local police, the investigative department cannot do much
given there is only the fake number to go on. This allows individuals to
bypass the law by using untraceable phone numbers to remain anonymous
with little way of being caught.

This bill mandates some form of transparency when using these apps that
hide a person's phone number, specifically by requiring the business
that provides these services to keep records of the original phone
number in question, the Internet protocol (IP) address, and the time,
date and duration of the telephone call. For the small percentage of
those who wish to use these services for malicious intent, it may either
prevent such phone harassment entirely, or if they do register their
phone number on the app/program, police investigators can have a way to
trace the fake number back to the original harasser.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law.

2021-S8032 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8032
 
                             I N  S E N A T E
 
                             January 20, 2022
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses which provide for someone to spoof a telephone number  to  keep
   certain records
 
   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-rr to read as follows:
   § 399-RR. TELEPHONE NUMBER SPOOFING RECORDKEEPING. 1. FOR THE PURPOSES
 OF THIS SECTION, "SPOOFING OF A TELEPHONE NUMBER" SHALL MEAN HAVING  THE
 CALLER INFORMATION DISPLAYED ON A CALLER IDENTIFICATION DEVICE BE INFOR-
 MATION  OTHER  THAN  THAT  OF  THE ACTUAL TELEPHONE NUMBER BEING USED TO
 PLACE THE CALL.
   2. EVERY BUSINESS WHICH PROVIDES  FOR  THE  SPOOFING  OF  A  TELEPHONE
 NUMBER  SHALL  KEEP  A  RECORD  OF  THE  CALLS PLACED USING ITS SERVICES
 INCLUDING, BUT NOT LIMITED TO:
   (A) THE PHONE NUMBER THAT WOULD BE DISPLAYED ON THE CALLER IDENTIFICA-
 TION DEVICE OF THE PERSON RECEIVING THE PHONE CALL;
   (B) THE TELEPHONE NUMBER OR INTERNET PROTOCOL ADDRESS  OF  THE  DEVICE
 PLACING THE TELEPHONE CALL; AND
   (C) THE TIME, DATE, AND DURATION OF THE TELEPHONE CALL.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13936-01-1

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