MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Arnold
AN ACT TO AMEND SECTIONS 77-3-803, 77-3-805, 77-3-807 AND 77-3-809, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF THE "CALLER ID ANTI-SPOOFING ACT," TO DEFINE CERTAIN TERMS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON, IN CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR IP-ENABLED VOICE SERVICE, TO CAUSE ANY CALLER IDENTIFICATION SERVICE TO KNOWINGLY TRANSMIT MISLEADING OR INACCURATE INFORMATION INTO A TELEPHONE CALLER IDENTIFICATION SYSTEM WITH THE INTENT TO CAUSE HARM OR MISLEAD THE RECIPIENT OF A CALL; TO EXEMPT ANY COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALLER IDENTIFICATION MANIPULATION FROM THE PROVISIONS OF THIS ACT; TO INCREASE THE CRIMINAL FINE FOR VIOLATIONS TO $10,000.00 FOR EACH OCCURRENCE OF SPOOFING AND PROVIDE FOR THE DISBURSEMENT FINES COLLECTED TO THE PUBLIC SERVICE COMMISSION AND TO SPECIAL FUND CREATED IN THE STATE TREASURY TO ASSIST WITH THE RURAL AREA DEVELOPMENT OF CELLULAR AND BROADBAND INTERNET SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 77-3-803, Mississippi Code of 1972, is amended as follows:
77-3-803. As used in this article:
(a) "Call" means any type of telephone call made using a public switched telephone network, wireless cellular telephone service, or Voice-Over-Internet Protocol (VOIP) service that has the capability of accessing users on the public switched telephone network or a successor network.
(b) "Caller" means a person who places a call, whether by telephone, over a telephone line, or on a computer.
(c) "Enter" means to input data by whatever means into a computer or telephone system.
(d) "False information" means data that misrepresents the identity of the caller to the recipient of a call or to the network itself; however, when a person making an authorized call on behalf of another person inserts the name, telephone number or name and telephone number of the person on whose behalf the call is being made, such information shall not be deemed false information.
(e) "Telephone caller identification system" means a listing of a caller's name, telephone number, or name and telephone number that is shown to a recipient of a call when it is received.
(f) "IP-enabled voice service" means a interconnected Voice-Over-Internet Protocol (VOIP) services that:
(i) Enables real-time, two-way voice communications;
(ii) Requires a broadband connection from the user's location;
(iii) Requires Internet protocol-compatible customer premises equipment (CPE); and
(iv) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
SECTION 2. Section 77-3-805, Mississippi Code of 1972, is amended as follows:
77-3-805.
(1) * * * It shall be
unlawful for any person, in connection with any telecommunications service or
IP-enabled voice service, to cause any caller identification service to
knowingly transmit misleading or inaccurate information into a telephone
caller identification system with the intent to deceive, defraud, cause
harm, wrongfully obtain anything of value or mislead the recipient of a
call, unless such transmission is exempted by Section 77-3-807.
(2)
* * *
It shall be unlawful for any person to place a call knowing that false
information was entered into the telephone caller identification system with
the intent to deceive, defraud, cause harm, wrongfully obtain anything of
value or mislead the recipient of the call, unless such transmission is
exempted by Section 77-3-807.
(3) Nothing in this section may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information.
SECTION 3. Section 77-3-807, Mississippi Code of 1972, is amended as follows:
77-3-807. This article does not apply to:
(a) The blocking of caller identification information.
(b) Any law enforcement agency of the federal, state, county or municipal government.
(c) Any intelligence or security agency of the federal government.
(d) A telecommunications, broadband or Voice-Over-Internet service provider that is acting solely as an intermediary for the transmission of telephone service between the caller and the recipient.
(e) Any court order that specifically authorizes the use of caller identification manipulation.
SECTION 4. Section 77-3-809, Mississippi Code of 1972, is amended as follows:
77-3-809.
(1) Any person who violates this article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine of not more than * * * Ten
Thousand Dollars ($10,000.00) or shall be imprisoned in the county jail not
exceeding one (1) year, or both for each violation, in addition to any civil
and criminal remedies or penalties imposed by the Federal Communications
Commission under the authority of the Truth in Caller ID Act of 2009 (47 USCS Section
227(e)). Any fine imposed by the state for violations of this article
shall be distributed as follows:
(a) Ten percent (10%) of the fine shall be allocated to the Mississippi Public Service Commission; and
(b) Ninety percent (90%) of the fine shall be allocated to a special fund created in the State Treasury for the purpose of funding rural area development for increasing cellular and broadband Internet services.
(2) Any violation of this article constitutes an unlawful trade practice under Section 75-24-5 and, in addition to any remedies or penalties set forth in this article, shall be subject to any remedies or penalties available for a violation of that statute.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.