Bill Text: NJ S3809 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits certain caller identification service manipulation; makes violation fourth degree crime.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3809 Detail]
Download: New_Jersey-2022-S3809-Introduced.html
Sponsored by:
Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Prohibits certain caller identification service manipulation; makes violation fourth degree crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning caller identification service manipulation and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Caller identification information" means information provided by a caller identification service regarding the telephone number, location, organization, or other information regarding the origination of a call or text message made using a voice telecommunications service.
"Caller identification service" means any service or device designed to provide the user of the service or device with the telephone number, or other information regarding the origination of, a call or text message made using a voice telecommunications service, and includes automatic number identification services.
"Voice telecommunications service" means the offering of voice communications service, including Voice over Internet Protocol service, as defined pursuant to section 3 of P.L.2007, c.195 (C.48:17-34), or commercial mobile service, using a public switched telephone network or a successor network, directly to the public or to those classes of users as to be effectively available directly to the public.
b. Except as otherwise provided in this section, a person shall not knowingly make, place, initiate, or otherwise transmit a call or text message to a person within this State, and engage in conduct that results in the display of misleading, false, or inaccurate caller identification information to the receiving party or otherwise circumvents the caller identification service of the receiving party, with the intent to defraud, cause harm, or wrongfully obtain anything of value.
c. Consistent with the provisions of the federal "Truth in Caller ID Act of 2009" (47 U.S.C. s.227(e)), or any other federal law, rule, regulation, or order as applicable, nothing in this section shall be construed to:
(1) prevent or restrict a person from blocking the capability of any caller identification service to transmit caller identification information, provided that the blocking of such information is not undertaken with the intent to defraud, cause harm, or wrongfully obtain anything of value;
(2) prohibit the use of caller identification manipulation as authorized pursuant to a court order or as determined by the Federal Communications Commission;
(3) authorize or prohibit the use of caller identification manipulation during the course of any investigative, protective, or intelligence activities performed in connection with official duties, and in accordance with all applicable laws, by any law enforcement agency or intelligence agency of the United States, a state, or a political subdivision of a state; or
(4) authorize any conduct prohibited pursuant to section 13 of P.L.2005, c.283 (C.45:17A-30.1) or any other law, rule, regulation, or order.
d. The provisions of subsection b. of this section shall not apply to:
(1) a provider of voice telecommunications service acting solely as an intermediary for the transmission of voice telecommunications service between the caller and the recipient of the call; or
(2) a caller who, based on the telephone number called, reasonably believes the recipient of the call is not physically located within the State.
e. A person who violates the provisions of subsection b. of this section shall be guilty of a crime of the fourth degree.
f. The Department of Law and Public Safety shall promulgate rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement this section.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a person from knowingly making, placing, initiating, or otherwise transmitting a call or text message to a person within this State, and engaging in conduct that results in the display of misleading, false, or inaccurate caller identification information to the receiving party or otherwise circumventing the caller identification service of the receiving party, with the intent to defraud, cause harm, or wrongfully obtain anything of value.
The bill provides, consistent with federal law, several exceptions to the bill's prohibition on caller identification manipulation, including, but not limited to: (1) the use of caller identification manipulation as authorized pursuant to a court order or as determined by the Federal Communications Commission; and (2) the use of caller identification manipulation during the course of any investigative, protective, or intelligence activities performed in connection with official duties, and in accordance with all applicable laws, by any law enforcement agency or intelligence agency of the United States, a state, or a political subdivision of a state.
A person who violates the bill's provisions is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
