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S00434 Text:

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

                                          434

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by Sen. GALLIVAN -- 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 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:

    1    Section 1. The general business law is amended by adding a new section
    2  399-ppp to read as follows:
    3    S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
    4  INFORMATION. 1. IT  SHALL  BE  UNLAWFUL  FOR  ANY  BUSINESS  ENTITY,  IN
    5  CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
    6  ANY  CALLER  IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA-
    7  TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS,  WHEN  MAKING  A
    8  CALL TO ANY PERSON WITHIN THE STATE.
    9    2. FOR PURPOSES OF THIS SECTION:
   10    (A)  "BUSINESS  ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
   11  LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER  LEGAL
   12  ENTITY.
   13    (B)  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
   14  AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING  THE  TELEPHONE
   15  NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
   16  MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
   17    (C) "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR  DEVICE
   18  DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
   19  NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
   20  MADE USING A TELECOMMUNICATIONS  SERVICE  OR  VOIP  SERVICE.  SUCH  TERM
   21  INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00375-02-5
       S. 434                              2

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