Fri. December 17th 2010 @3:01pm( transcript of house session december 15th 2010 speaker: Mr. Boucher D.- Virginia 9th district)

 

PROGRAM SEGMENT

House Session

TRUTH IN CALLER ID ACT OF 2009

Dec 15, 2010

Boucher, Frederick “Rick” C.U.S. Representative
[D] Virginia

Length: 4 minutes, 9 seconds

TRANSCRIPT

02:12:41 MADAM SPEAKER, TODAY WE CONSIDER S. 30, THE TRUTH IN CALLER I.D. ACT.
02:12:47 IT IS THE SENATE COMPANION TO HOUSE LEGISLATION THAT
WAS INTRODUCED ON A BIPARTISAN BASIS BY OUR COLLEAGUES, THE GENTLEMAN
FROM NEW YORK, MR. ENGEL, AND THE GENTLEMAN FROM TEXAS, MR.
02:12:59 BARTON, RANKING REPUBLICAN MEMBER OF THE ENERGY AND COMMERCE COMMITTEE.
02:13:05 THE BILL DIRECTS THE F.C.C. TO ADOPTION REGULATIONS
PROHIBITING CALLER I.D. SPOOFING IN WHICH A CALLER FALSIFIES THE
ORIGINAL CALLER I.D. INFORMATION DURING THE TRANSMISSION OF A CALL.
02:13:17 WITH THE INTENT TO DEFRAUD, CAUSE HARM, OR WRONGFULLY TO OBTAIN ANYTHING OF VALUE.
02:13:23 THE BILL MAKES ANYONE WHO KNOWINGLY AND WILLINGLY ENGAGES IN CALLER I.D. SPOOFING ELIGIBLE FOR CRIMINAL FINES.
02:13:32 SPOOFING HAS BEEN POSSIBLE FOR MANY YEARS BUT
GENERALLY REQUIRED EXPENSIVE EQUIPMENT IN ORDER TO CHANGE THE
OUTGOING CALL INFORMATION.
02:13:42 BUT WITH THE GROWTH OF VOICE OVER INTERNET PROTOCOL
USAGE, SPOOFING HAS BECOME EASIER AND CONSIDER FULLY LESS EXPENSIVE
AS THE NUMBER OF WEBSITES ARE NOW OFFERING SPOOFING SERVICES.
02:13:54 CONSEQUENTLY THOSE WHO WANT TO DECEIVE OTHERS BY MANIPULATING CALLER I.D. CAN NOW DO SO WITH RELATIVE EASE.
02:14:03 SPOOFING THREATENS A NUMBER OF BUSINESS APPLICATIONS,
INCLUDING CREDIT CARD VERIFICATION AND AUTOMATIC CALL ROUTING BECAUSE
THESE SYSTEMS RELY ON THE TELEPHONE NUMBER AS IDENTIFIED BY THE
CALLER I.D. SYSTEM AS ONE PIECE OF THEIR VERIFICATION AND
AUTHENTICATION PROCESS.
02:14:21 IT IS ALSO COMMONLY USED IN THE COMMISSION OF FRAUDS OF VARIOUS KINDS.
02:14:26 AT OTHER TIMES, SPOOFING MAY BE USED TO PROTECT INDIVIDUALS.
02:14:29 FOR EXAMPLE, DOMESTIC VIOLENCE SHELTERS SOMETIMES USE SPOOFING TO MASK THE IDENTITY OF THE CALLER FOR PROTECTIVE PURPOSES.
02:14:39 BY PROHIBITING THE USE OF CALLER I.D. SPOOFING ONLY
WHERE THE INTENT IS TO DEFRAUD, TO CAUSE HARM, OR WRONGFULLY OBTAIN
ANYTHING OF VALUE, THIS MEASURE ADDRESSES THE IN FAIROUS USES OF THE
TECHNOLOGY WHILE CONTINUING TO ALLOW LEGITIMATE USES SUCH AS USE IN
SHELTERS FOR THE VICTIMS OF DOMESTIC VIOLENCE.
02:15:03 IN THE RULE MAKING THAT THE F.C.C. WILL CONDUCT
PURSUANT TO NEW SUBSECTION 227-E-3 OF THE COMMUNICATIONS ACT, THE
COMMITTEE ANTICIPATES THAT THE COMMISSION WILL CONSIDER IMPOSING
OBLIGATIONS ON ENTITIES THAT PROVIDE CALLER I.D.
02:15:21 SPOOFING SERVICES TO THE PUBLIC.
02:15:23 THE WIDESPREAD AVAILABILITY OF CALLER I.D. SPOOFING
SERVICES PRESENTS A SIGNIFICANT POTENTIAL FOR ABUSE AND HINDERS LAW
ENFORCEMENT’S ABILITY TO INVESTIGATE CRIME.
02:15:34 THE HINT SHUN IN THIS BILL ON THE — PROHIBITION IN
THIS BILL ON THE USE OF SERVICES WITH THE INTENT TO DEFRAUD, CAUSE
HARM, OR WRONGFULLY OBTAIN ANYTHING OF VALUE COULD BE OF LIMITED VALUE
IF ENTITIES CONTINUE TO PROVIDE BOTH SERVICES WITHOUT MAKING ANY
EFFORT TO VERIFY THEIR USER’S OWNERSHIP OF THE PHONE NUMBER THAT IS
BEING SUBSTITUTED.
02:15:56 WITH OUR ACTION TODAY, THIS MEASURE WILL BE FORWARDED TO THE PRESIDENT FOR HIS SIGNATURE.
02:16:01 I WANT TO THANK AND COMMEND OUR COLLEAGUE, MR. ENGEL, AND ALSO MR. BARTON, FOR THEIR COMMITMENT TO THE MATTER.
02:16:08 AND I WANT TO COMMEND SENATOR NELSON OF FLORIDA AND ALL
MEMBERS WHO ON A BIPARTISAN BASIS HAVE CONTRIBUTED TO AND SUPPORTED
THE LEGISLATION NOW BEFORE THE HOUSE.
02:16:19 MADAM SPEAKER, I RESERVE THE BALANCE OF MY TIME.

Mr. BOUCHER. Madam Speaker, today we consider S. 30, the Truth in
Caller ID Act. It is the Senate companion to House legislation that was
introduced on a bipartisan basis by our colleagues, the gentleman from
New York (Mr. Engel) and the gentleman from Texas (Mr. Barton), ranking
Republican member of the Energy and Commerce Committee.

The bill directs the FCC to adopt the regulations prohibiting caller
ID spoofing in which a caller falsifies the original caller ID
information during the transmission of a call with the intent to
defraud, to cause harm, or wrongfully to obtain anything of value. The
bill makes anyone who knowingly and willingly engages in caller ID
spoofing eligible for criminal fines.

Spoofing has been possible for many years, but generally required
expensive [Page: H8378]
equipment in order to change the outgoing call information. But with the
growth of voice over Internet protocol usage, spoofing has become
easier and considerably less expensive, and a number of Web sites are
now offering spoofing services. Consequently, those who want to deceive
others by manipulating caller ID can now do so with relative ease.

Spoofing threatens a number of business applications, including
credit card verifications and automatic call routing, because these
systems rely on the telephone number as identified by the caller ID
system as one piece of their verification and authentication process. It
is also commonly used in the commission of frauds of various kinds.

At other times, spoofing may be used to protect individuals. For
example, domestic violence shelters sometimes use spoofing to mask the
identity of the caller for protective purposes.

By prohibiting the use of caller ID spoofing only where the intent is
to defraud, to cause harm, or wrongfully obtain anything of value, this
measure addresses the nefarious uses of the technology while continuing
to allow legitimate uses such as use in shelters for the victims of
domestic violence.

In the rulemaking that the FCC will conduct pursuant to new
subsection 227(e)(3) of the Communications Act, the committee
anticipates that the commission will consider imposing obligations on
entities that provide caller ID spoofing services to the public. The
widespread availability of caller ID spoofing services presents a
significant potential for abuse and hinders law enforcement’s ability to
investigate crime.

The prohibition in this bill on the use of those services with the
intent to defraud, cause harm, or wrongfully obtain anything of value
could be of limited value if entities continue to provide those services
without making any effort to verify their users’ ownership of the phone
number that is being substituted.

With our action today, this measure will be forwarded to the
President for his signature. I want to thank and commend our colleagues,
Mr. Engel and also Mr. Barton, for their commitment to the matter. And I
want to commend Senator Nelson of Florida and all Members who, on a
bipartisan basis, have contributed to and supported the legislation now
before the House.

I reserve the balance of my time.

[Time: 12:20]