[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Reported in Senate (RS)]
Calendar No. 173
110th CONGRESS
1st Session
H. R. 740
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2007
Received; read twice and referred to the Committee on the Judiciary
May 24, 2007
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Preventing Harassment
through Outbound Number Enforcement (PHONE) Act of 2007''.</DELETED>
<DELETED>SEC. 2. CALLER ID SPOOFING.</DELETED>
<DELETED> (a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1040. Caller ID spoofing</DELETED>
<DELETED> ``(a) Offense.--Whoever, in or affecting interstate or
foreign commerce, knowingly uses or provides to another--</DELETED>
<DELETED> ``(1) false caller ID information with intent to
defraud; or</DELETED>
<DELETED> ``(2) caller ID information pertaining to an
actual person without that person's consent and with intent to
deceive the recipient of a call about the identity of the
caller;</DELETED>
<DELETED>or attempts or conspires to do so, shall be punished as
provided in subsection (b).</DELETED>
<DELETED> ``(b) Punishment.--Whoever violates subsection (a) shall--
</DELETED>
<DELETED> ``(1) if the offense is committed for commercial
gain, be fined under this title or imprisoned not more than 5
years, or both; and</DELETED>
<DELETED> ``(2) be fined under this title or imprisoned not
more than one year, or both, in any other case.</DELETED>
<DELETED> ``(c) Law Enforcement Exception.--It is a defense to a
prosecution for an offense under this section that the conduct involved
was lawfully authorized investigative, protective, or intelligence
activity of a law enforcement agency of the United States, a State, or
a political subdivision of a State, or of an intelligence agency of the
United States, or any activity authorized under chapter 224 of this
title.</DELETED>
<DELETED> ``(d) Forfeiture.--</DELETED>
<DELETED> ``(1) In general.--The court, in imposing sentence
on a person who is convicted of an offense under this section,
shall order that the defendant forfeit to the United States--
</DELETED>
<DELETED> ``(A) any property, real or personal,
constituting or traceable to gross proceeds obtained
from such offense; and</DELETED>
<DELETED> ``(B) any equipment, software or other
technology used or intended to be used to commit or to
facilitate the commission of such offense.</DELETED>
<DELETED> ``(2) Procedures.--The procedures set forth in
section 413 of the Controlled Substances Act (21 U.S.C. 853),
other than subsection (d) of that section, and in Rule 32.2 of
the Federal Rules of Criminal Procedure, shall apply to all
stages of a criminal forfeiture proceeding under this
section.</DELETED>
<DELETED> ``(e) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `caller ID information' means
information regarding the origination of the telephone call,
such as the name or the telephone number of the
caller;</DELETED>
<DELETED> ``(2) the term `telephone call' means a call made
using or received on a telecommunications service or VOIP
service;</DELETED>
<DELETED> ``(3) the term `VOIP service' means a service
that--</DELETED>
<DELETED> ``(A) provides real-time 2-way voice
communications transmitted using Internet Protocol, or
a successor protocol;</DELETED>
<DELETED> ``(B) is offered to the public, or such
classes of users as to be effectively available to the
public (whether part of a bundle of services or
separately); and</DELETED>
<DELETED> ``(C) has the capability to originate
traffic to, or terminate traffic from, the public
switched telephone network or a successor
network;</DELETED>
<DELETED> ``(4) the term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and</DELETED>
<DELETED> ``(5) a term used in a definition in this
subsection has the meaning given that term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of chapter 47 of title 18, United States Code, is amended by
adding at the end the following new item:</DELETED>
<DELETED>``1040. Caller ID spoofing.''.
<DELETED>SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR MONEY
LAUNDERING.</DELETED>
<DELETED> (a) Fraud and Related Activity in Connection With
Electronic Mail.--Section 1956(c)(7)(D) of title 18, United States
Code, is amended by inserting ``section 1037 (Fraud and related
activity in connection with electronic mail),'' after
``1032''.</DELETED>
<DELETED> (b) Caller ID Spoofing.--Section 1956(c)(7)(D) of title
18, United States Code, is amended by inserting ``section 1040 (Caller
ID spoofing),'' before ``section 1111''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Harassment through
Outbound Number Enforcement Act of 2007'' or the ``PHONE Act of 2007''.
SEC. 2. CALLER ID SPOOFING.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1040. Caller ID spoofing
``(a) Offense.--Whoever, in or affecting interstate or foreign
commerce, knowingly uses or provides to another--
``(1) false caller ID information with intent wrongfully to
obtain anything of value; or
``(2) caller ID information pertaining to an actual person
or other entity without that person's or entity's consent and
with intent to deceive any person or other entity about the
identity of the caller;
or attempts or conspires to do so, shall be punished as provided in
subsection (b).
``(b) Punishment.--Whoever violates subsection (a) shall--
``(1) if the offense is a violation of subsection (a)(1),
be fined under this title or imprisoned not more than 5 years,
or both; and
``(2) if the offense is a violation of subsection (a)(2),
be fined under this title or imprisoned not more than one year,
or both.
``(c) Law Enforcement Exception.--This section does not prohibit
lawfully authorized investigative, protective, or intelligence activity
of a law enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency of the
United States, or any activity authorized under chapter 224 of this
title.
``(d) Forfeiture.--
``(1) In general.--The court, in imposing sentence on a
person who is convicted of an offense under this section, shall
order that the defendant forfeit to the United States--
``(A) any property, real or personal, constituting
or traceable to gross proceeds obtained from such
offense; and
``(B) any equipment, software or other technology
used or intended to be used to commit or to facilitate
the commission of such offense.
``(2) Procedures.--The procedures set forth in section 413
of the Controlled Substances Act (21 U.S.C. 853), other than
subsection (d) of that section, and in Rule 32.2 of the Federal
Rules of Criminal Procedure, shall apply to all stages of a
criminal forfeiture proceeding under this section.
``(e) Definitions.--In this section--
``(1) the term `caller ID information' means any
identifying information regarding the origination of a
telephone call, including the name or the telephone number of
the caller, that is transmitted with the telephone call;
``(2) the term `telephone call' means a call made using or
received on a telecommunications service or VOIP service;
``(3) the term `telecommunications service' means the
offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities
used;
``(4) the term `VOIP service' means a service that--
``(A) provides real-time or near real-time voice
communications transmitted using Internet Protocol, or
a successor protocol;
``(B) is offered to the public, or such classes of
users as to be effectively available to the public
(whether part of a bundle of services or separately);
and
``(C) has the capability to originate traffic to,
or terminate traffic from, the public switched
telephone network or a successor network; and
``(5) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 18, United States Code, is amended by adding at the
end the following new item:
``1040. Caller ID spoofing.''.
SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR MONEY LAUNDERING.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 1037 (relating to fraud and related activity in
connection with electronic mail), section 1040 (relating to caller ID
spoofing),'' before ``section 1111''.
Calendar No. 173
110th CONGRESS
1st Session
H. R. 740
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to prevent caller ID spoofing,
and for other purposes.
_______________________________________________________________________
May 24, 2007
Reported with an amendment