Bill Text: NJ A703 | 2012-2013 | Regular Session | Amended

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Bill Title: Enacts "Truth in Caller Identification Act"; prohibits manipulation of certain telephone caller identification information.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2013-12-12 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A703 Detail]

Download: New_Jersey-2012-A703-Amended.html

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[First Reprint]

ASSEMBLY, No. 703

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblyman  RUBEN J. RAMOS, JR.

District 33 (Hudson)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Enacts "Truth in Caller Identification Act"; prohibits manipulation of certain telephone caller identification information.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Telecommunications and Utilities Committee on December 12, 2013, with amendments.

  

An Act prohibiting the manipulation of certain telephone caller identification information and supplementing P.L.1960, c.39 (C.56:8-1 et seq.)

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act ¹[may] shall¹ be known and ¹may be¹ cited as the "Truth in Caller Identification Act."

 

     2.    As used in ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹:

     "Caller identification information" or "caller ID information" means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.

     "Caller identification service" or "caller ID service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service. Such term includes automatic number identification services.

     "Telecommunications service" means the offering of voice communications ¹, including Voice over Internet Protocol service,¹ 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.

     ¹"Voice over Internet Protocol service" shall have the same meaning as provided in section 3 of P.L.2007, c.195 (C.48:17-34).¹

 

     3.    ¹[Consistent] Notwithstanding any law, rule, regulation, or order to the contrary, and consistent¹ with federal law, it shall be unlawful for any person, in connection with any telecommunications service used within this State, to knowingly cause any caller ID service to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, except for the following:

     a.    Any authorized activity of a law enforcement agency; or

     b.    A court order that specifically authorizes the use of caller ID manipulation.

 

     4.    Nothing in ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹ shall be construed to:

     a.    Prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information; ¹[or]¹

     b.    Authorize or prohibit any investigative, protective, or intelligence activities performed in connection with official duties and in accordance with all applicable laws, by a law enforcement agency of the United States, a state, or a political subdivision of a state, or by any intelligence agency of the United States ¹; or

     c.    Authorize any conduct prohibited pursuant to section 13 of P.L.2005, c.283 (C.45:17A-30.1), section 10 of P.L.2003, c.76 (C.56:8-128), or any other law, rule, regulation, or order to the contrary¹.

 

     5.    A violation of ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹ shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).

 

     6.    This act shall take effect on the 60th day after the date of enactment, but the Division of Consumer Affairs ¹in the Department of Law and Public Safety¹ may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.