New York State Assembly

 
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A07759 Summary:

A07759 Actions:

A07759 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:01/22/2020AYE/NAY:17/7  Action: Favorable refer to committee Codes        
Paulin
Aye
Lawrence
Nay
Cook
Aye
Blankenbush
Nay
Galef
Aye
Friend
Nay
Rodriguez
Excused
Malliotakis
Nay
Quart
Aye
Palmesano
Nay
Otis
Aye
Lalor
Nay
Rozic
Aye
LiPetri
Nay
Kim
Aye
Buchwald
Aye
Seawright
Aye
Dilan
Aye
Richardson
Aye
De La Rosa
Excused
Pheffer Amato
Aye
Vanel
Aye
Carroll
Aye
Niou
Aye
Fall
Aye
Jean-Pierre
Aye

Committee:CODES   Chair:Lentol      
DATE:01/28/2020AYE/NAY:15/6  Action: Favorable         
Lentol
Aye
Morinello
Nay
Schimminger
Absent
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Palumbo
Nay
Cymbrowitz
Aye
Garbarino
Nay
O'Donnell
Aye
Reilly
Nay
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A07759 Floor Votes:

A07759 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7759--C
                                                                Cal. No. 358
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2019
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, BUCHWALD, OTIS, FAHY -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to said committee -- recommitted to the Committee on
          Corporations, Authorities and Commissions in accordance with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee on Codes
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11622-11-0
        A. 7759--C                          2
 
     1  "CPE") and permits out-bound calling, whether  or  not  the  service  is
     2  one-way or two-way voice over internet protocol.
     3    2. Not later than twelve months after the date upon which this section
     4  shall  have  become a law, the public service commission shall require a
     5  provider of voice service to implement  the  STIR/SHAKEN  authentication
     6  framework or alternative technology that provides comparable or superior
     7  capability  to  verify  and  authenticate  caller  identification in the
     8  internet protocol networks of voice service providers.
     9    3. Any voice service provider that  knowingly  fails  or  neglects  to
    10  comply  with  this  section, or a rule or regulation adopted thereunder,
    11  shall forfeit to the people of the state of New York a sum not less than
    12  ten thousand dollars and no  more  than  one  hundred  thousand  dollars
    13  constituting a civil penalty for each and every offense and, in the case
    14  of  a  continuing  violation,  each  day  shall be deemed a separate and
    15  distinct offense.
    16    4. Whenever there shall be a violation of this section, an application
    17  may be made by either (a) the attorney general  in  the    name  of  the
    18  people  of the state of New York, or (b) in the case of a  voice service
    19  provider subject to the jurisdiction of the public  service  commission,
    20  to  a  court or justice having jurisdiction, to issue an injunction, and
    21  upon notice to the defendant of not less than five days, to  enjoin  and
    22  restrain  the continuance of such violations, and for the enforcement of
    23  the penalties provided in this section.
    24    5. When the department of public  service  has  reason  to  believe  a
    25  person  or  voice  service  provider  has violated any provision of this
    26  section, the  department may request in writing the production of  rele-
    27  vant  documents  and  records.  If the person upon whom such request was
    28  made fails to produce the documents  or  records  within  fourteen  days
    29  after  the  date  of  the  request,  the  department may issue and serve
    30  subpoenas to compel the production of such documents and records. If any
    31  person shall refuse to comply with a subpoena issued under this section,
    32  the department may petition a court of competent jurisdiction to enforce
    33  the subpoena and, notwithstanding any other provision of law, to request
    34  a civil penalty not to exceed  one  thousand  dollars  per  day,  actual
    35  damages sustained by reason of the failure to comply, and such sanctions
    36  as the court may direct.
    37    6.  The public service commission and the department of public service
    38  may promulgate rules  and  regulations  to  implement  and  enforce  the
    39  provisions of this section.
    40    § 2. This act shall take effect immediately.