New York State Assembly

 
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A00585 Summary:

A00585 Actions:

A00585 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:01/12/2021AYE/NAY:18/7  Action: Favorable refer to committee Codes        
Paulin
Aye
Lemondes
Nay
Cook
Aye
Blankenbush
Nay
Galef
Excused
Friend
Nay
Rodriguez
Aye
Lalor
Nay
Quart
Aye
Palmesano
Nay
Otis
Aye
Angelino
Nay
Rozic
Aye
Jensen
Nay
Kim
Aye
Seawright
Aye
Dilan
Aye
Richardson
Aye
De La Rosa
Aye
Pheffer Amato
Aye
Vanel
Aye
Carroll
Aye
Niou
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye

Committee:CODES   Chair:Dinowitz      
DATE:01/20/2021AYE/NAY:16/6  Action: Favorable         
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A00585 Floor Votes:

A00585 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         585--A
                                                                 Cal. No. 36
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-z-1 to read as follows:
     3    §  399-z-1.  STIR/SHAKEN  authentication framework. 1. As used in this
     4  section, the following terms shall have the following meanings:
     5    (a) "STIR/SHAKEN authentication framework" means the secure  telephone
     6  identity  revisited and signature-based handling of asserted information
     7  using tokens standards proposed by the  information  and  communications
     8  technology industry.
     9    (b)  "Voice service" means any service that is interconnected with the
    10  public switched telephone network  and  that  furnishes  voice  communi-
    11  cations to an end user using resources from the North American Numbering
    12  Plan  or  any  successor to the North American Numbering Plan adopted by
    13  the public service commission under section 251(e)(1)  of  the  Communi-
    14  cations Act of 1934 (47 U.S.C. 251(e)(1)); and includes:
    15    i.  transmissions  from  a  telephone  facsimile machine, computer, or
    16  other device to a telephone facsimile machine; and
    17    ii. without limitation, any service that  enables  real-time,  two-way
    18  voice  communications,  including  any  service  that  requires internet
    19  protocol-compatible  customer  premises  equipment  (commonly  known  as
    20  "CPE")  and  permits  out-bound  calling,  whether or not the service is
    21  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
 
     1    2. Not later than twelve months  after  the  effective  date  of  this
     2  section, the public service commission shall require a provider of voice
     3  service  to implement the STIR/SHAKEN authentication framework or alter-
     4  native technology that provides comparable  or  superior  capability  to
     5  verify  and  authenticate caller identification in the internet protocol
     6  networks of voice service providers.
     7    3. (a) Any voice service provider that knowingly fails or neglects  to
     8  comply  with  this  section, or a rule or regulation adopted thereunder,
     9  shall forfeit to the people of the state of New York a sum not less than
    10  ten thousand dollars and no  more  than  one  hundred  thousand  dollars
    11  constituting a civil penalty for each and every offense and, in the case
    12  of  a  continuing  violation,  each  day  shall be deemed a separate and
    13  distinct offense.
    14    (b) Notwithstanding any other provision of law, rule, or regulation, a
    15  voice service provider shall be considered to be in compliance with this
    16  section and any rule or regulation adopted thereunder if  that  provider
    17  has  filed  a  certification  with the Federal Communications Commission
    18  that the provider's traffic is either signed with STIR/SHAKEN or subject
    19  to a compliant robocall mitigation program. A copy of such certification
    20  shall be made available to the attorney general or  the  public  service
    21  commission, upon request.
    22    4. Whenever there shall be a violation of this section, an application
    23  may  be  made  by  either  (a) the attorney general in the   name of the
    24  people of the state of New York, or (b) in the case of a  voice  service
    25  provider  subject  to the jurisdiction of the public service commission,
    26  to a court or justice having jurisdiction, to issue an  injunction,  and
    27  upon  notice  to the defendant of not less than five days, to enjoin and
    28  restrain the continuance of such violations, and for the enforcement  of
    29  the penalties provided in this section.
    30    5.  When  the  department  of  public  service has reason to believe a
    31  person or voice service provider has  violated  any  provision  of  this
    32  section,  the  department may request in writing the production of rele-
    33  vant documents and records. If the person upon  whom  such  request  was
    34  made  fails  to  produce  the  documents or records within fourteen days
    35  after the date of the  request,  the  department  may  issue  and  serve
    36  subpoenas to compel the production of such documents and records. If any
    37  person shall refuse to comply with a subpoena issued under this section,
    38  the department may petition a court of competent jurisdiction to enforce
    39  the subpoena and, notwithstanding any other provision of law, to request
    40  a  civil  penalty  not  to  exceed  one thousand dollars per day, actual
    41  damages sustained by reason of the failure to comply, and such sanctions
    42  as the court may direct.
    43    6. The public service commission and the department of public  service
    44  may  promulgate  rules  and  regulations  to  implement  and enforce the
    45  provisions of this section.
    46    § 2. This act shall take effect immediately.