Phone Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to require voice communications service providers to offer subscribers the option to designate a list of approved telephone numbers for which calls originating from those numbers are permitted to connect directly with the subscriber's telephone and other customer premises equipment.
Requires providers to ensure that any call for termination that is not from a number on the subscriber's list is processed according to the subscriber's preferences, including by limiting or disabling the ability of an incoming call to connect with the subscriber's equipment.
Exempts government and public interest calls from being subject to a subscriber's preferences.
Requires the Federal Communications Commission (FCC) to develop authentication standards for providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification.
Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States.
Expands the definition "caller identification information" to include text messages.
Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2956 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2956
To prevent caller ID spoofing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2014
Mr. Nelson (for himself, Mr. Donnelly, Ms. Collins, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prevent caller ID spoofing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Phone Scam Prevention Act of 2014''.
SEC. 2. AVAILABILITY OF WHITELIST SERVICES.
(a) In General.--Part I of title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the
following:
``SEC. 232. AVAILABILITY OF WHITELIST SERVICES.
``(a) Definitions.--In this section--
``(1) the term `voice service' means any service that
furnishes voice communications to an end user using resources
from the North American Numbering Plan or any successor plan
adopted by the Commission under section 251(e)(1);
``(2) the term `exempt entity' means--
``(A) the Federal Government, a State, a political
subdivision of a State, or an agency thereof; and
``(B) any entity with respect to which the
Commission determines that allowing calls that
originate from that entity to connect directly with the
voice service customer premises equipment (commonly
referred to as `CPE') of a subscriber would serve the
public interest; and
``(3) the term `whitelist' means a list of telephone
numbers, designated by a subscriber, for which calls
originating from those numbers to the subscriber are permitted
to connect directly with the voice service CPE of the
subscriber.
``(b) Requirement To Offer Whitelist Service.--A provider of a
voice service shall offer each subscriber the option to designate a
whitelist, if technically feasible (as determined by the Commission on
a periodic basis).
``(c) Treatment of Nonapproved Telephone Numbers.--
``(1) In general.--If a subscriber elects to designate a
whitelist under subsection (b), the provider of the voice
service of the subscriber shall ensure that any call the
provider receives for termination that is not associated with a
telephone number on the whitelist of the subscriber or the
telephone number of an exempt entity is processed according to
preferences set by the subscriber with respect to the
whitelist, including by limiting or disabling the ability of an
incoming call to connect with the CPE of the subscriber.
``(2) Safe harbor.--Whitelist processing that, in
accordance with the preferences of a subscriber, limits or
disables connection with the CPE of a subscriber shall not be
considered to be--
``(A) blocking traffic; or
``(B) an unjust or unreasonable practice under
section 201 of the Communications Act of 1934 (47
U.S.C. 201).
``(d) Number of Telephone Numbers on Whitelist Free of Charge.--
``(1) In general.--A provider of a voice service shall
allow a subscriber (or a designated representative thereof) to
designate not less than 10 telephone numbers to be on the
whitelist under subsection (b), free of charge.
``(2) Telephone numbers of exempt entities.--The telephone
number of an exempt entity shall not be considered to be on the
whitelist of a subscriber for purposes of calculating the 10
telephone numbers that may be designated under paragraph
(1).''.
(b) Effective Date.--Section 232 of the Communications Act of 1934,
as added by subsection (a), shall take effect on the date that is 2
years after the date of enactment of this Act.
SEC. 3. AUTHENTICATION OF CALL ORIGINATION.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.), as amended by section 2, is amended by adding at the end the
following:
``SEC. 233. AUTHENTICATION OF CALL ORIGINATION.
``(a) Definition.--In this section, the term `voice service' means
any service that furnishes voice communications to an end user using
resources from the North American Numbering Plan or any successor plan
adopted by the Commission under section 251(e)(1).
``(b) Development of Authentication Standards by Commission.--Not
later than 5 years after the date of enactment of the Phone Scam
Prevention Act of 2014, the Commission shall develop authentication
standards for providers of a voice service to validate the calling
party number and caller identification information of a call originated
through a voice service so that the subscriber receiving the call may
obtain--
``(1) a secure assurance of the origin of the call,
including--
``(A) the calling party number; and
``(B) caller identification information for the
call; or
``(2) notice that an assurance described in paragraph (1)
is unavailable.
``(c) Adoption of Authentication Standards by Entities.--Each
provider of a voice service that is allocated telephone numbers from
the portion of the North American Numbering Plan that pertains to the
United States shall adopt the authentication standards developed under
subsection (b).''.
SEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID
INFORMATION.
(a) Communications From Outside the United States.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is
amended by striking ``in connection with any telecommunications service
or IP-enabled voice service'' and inserting ``or any person outside the
United States if the recipient of the call is within the United States,
in connection with any voice service''.
(b) Coverage of Text Messages and Other Voice Services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is
amended--
(1) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service (including a text message sent using a text messaging
service)'';
(2) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service'' and
inserting ``voice service (including a text message sent using
a text messaging service)''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a real-time or near real-time
message consisting of text, images, sounds, or
other information that is transmitted from or
received by a device that is identified as the
transmitting or receiving device by means of a
telephone number;
``(ii) includes a short message service
(commonly referred to as `SMS') message, an
enhanced message service (commonly referred to
as `EMS') message, and a multimedia message
service (commonly referred to as `MMS')
message; and
``(iii) does not include a real-time, 2-way
voice or video communication.
``(D) Text messaging service.--The term `text
messaging service' means a service that permits the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'
means any service that furnishes voice communications
to an end user using resources from the North American
Numbering Plan or any successor plan adopted by the
Commission under section 251(e)(1).''.
(c) Rules of Construction.--Nothing in this Act shall be construed
to modify, limit, or otherwise affect--
(1) the authority, as of the day before the date of
enactment of this Act, of the Federal Communications Commission
to interpret the term ``call'' to include a text message (as
defined under section 227(e)(8) of the Communications Act of
1934, as added by subsection (b)); or
(2) any rule or order adopted by the Federal Communications
Commission in connection with--
(A) the Telephone Consumer Protection Act of 1991
(Public Law 102-243; 105 Stat. 2394) or the amendments
made by that Act; or
(B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et
seq.).
(d) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Federal Communications Commission shall
prescribe regulations to implement the amendments made by this section.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date on which the Federal
Communications Commission prescribes regulations under subsection (d).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6207-6208)
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S6208-6209)
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