PRINTER'S NO. 507
No. 460 Session of 2007
INTRODUCED BY REGOLA, CORMAN, WONDERLING, COSTA, ERICKSON,
GORDNER, GREENLEAF, RAFFERTY, MUSTO, RHOADES, STACK,
D. WHITE, WASHINGTON, PIPPY, FONTANA, PUNT AND BAKER,
MARCH 15, 2007
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 15, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of caller
3 identification fraud; and prescribing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7617. Caller identification fraud.
9 (a) General rule.--Except as set forth in subsection (b), it
10 shall be unlawful for any person in connection with any
11 telecommunications service or VOIP service to cause any caller
12 identification service to transmit misleading or inaccurate
13 caller identification information with the intent to defraud or
14 cause harm.
15 (b) Exceptions.--This section does not apply to:
16 (1) Law enforcement agencies of the Federal Government,
17 the State government or a municipality.
1 (2) Intelligence or security agencies of the Federal
2 Government.
3 (c) Penalty.--A person who knowingly violates this section
4 commits a summary offense.
5 (d) Protection for blocking caller identification.--Nothing
6 in this section shall be construed to prevent or restrict any
7 person from blocking the capability of any caller identification
8 service to transmit caller identification information.
9 (e) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Caller identification information." Information provided to
13 an end user by a caller identification service regarding the
14 telephone number of or other information regarding the
15 origination of a call made using a telecommunications service or
16 VOIP service.
17 "Caller identification service." Any service or device
18 designed to provide the user of the service or device with the
19 telephone number or other information regarding the origination
20 of a call made using a telecommunications service or VOIP
21 service. The term includes automatic number identification
22 services.
23 "VOIP service." A service that:
24 (1) provides real-time voice communications transmitted
25 through end-user equipment using TCP/IP protocol or a
26 successor protocol with or without a fee;
27 (2) is offered to the public or classes of users such
28 that it is effectively available to the public, whether part
29 of a bundle of services or separately; and
30 (3) has the capability to originate traffic to and
20070S0460B0507 - 2 -
1 terminate traffic from the public switched telephone network.
2 Section 2. This act shall take effect in 60 days.
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