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A00585 Summary:

BILL NOA00585A
 
SAME ASSAME AS S04281-A
 
SPONSORPaulin
 
COSPNSROtis, Fahy, Griffin, Wallace, Vanel, Rajkumar
 
MLTSPNSR
 
Add §399-z-1, Gen Bus L
 
Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.
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A00585 Actions:

BILL NOA00585A
 
01/06/2021referred to corporations, authorities and commissions
01/12/2021reported referred to codes
01/20/2021reported
01/21/2021advanced to third reading cal.36
01/26/2021amended on third reading 585a
03/11/2021passed assembly
03/11/2021delivered to senate
03/11/2021REFERRED TO ENERGY AND TELECOMMUNICATIONS
06/09/2021SUBSTITUTED FOR S4281A
06/09/20213RD READING CAL.849
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
10/27/2021delivered to governor
11/08/2021signed chap.585
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A00585 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A585A
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the general business law, in relation to requiring STIR/SHAKEN authentication framework   PURPOSE OR GENERAL IDEA OF BILL: Requires providers of voice service to implement the STIR/SHAKEN authen- tication framework in the Internet protocol networks of voice service providers.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill adds a new Section 399-z-1 to the general busi- ness law to require providers of voice service to implement the STIR/SHAKEN authentication framework in their internet protocol networks and sets forth penalty and enforcement provisions for non-compliance. Section two provides the effective date.   JUSTIFICATION: Unwanted robocalls are the top consumer complaint received by the Feder- al Communications Commission (FCC), representing over sixty percent of all complaints received.* It is estimated that Americans received about 16.3 billion robocalls in the first five months of 2018 alone. ** In the month of September 2018, roughly 4.4 billion robocalls were reported.*** These numbers continue to rise and the predictions for the expected number of robocalls in the coming year are staggering. In 2017, only about 3.7% of all calls to cell phones were considered to be robo- calls.**** In 2018, that number rose to about 29% and by 2019, it is expected that at least 45% of-all calls to cell phones will be robo- calls.***** Many of these calls are coming from numbers that actually do not or cannot make outgoing calls.******* These types of numbers are indicative of "spoofing" schemes wherein the true caller identity is masked behind a fake, invalid number. There is also a common practice of consumers receiving calls from such invalid numbers which show up as a local call on their caller ID, prompting many to pick up only to realize it is a robocall. The STIR/SHAKEN authentication protocol uses cryptography to validate that a call is really from the number it displays, preventing bad actors from illegally "spoofing" phone numbers. STIR/SHAKEN also makes it much easier to trace illegal calls back to their source, since each call will . have-an identification assigned to it. Once the source is identified, enforcement actions can be taken against the perpetrators. The Federal Communications Commission, pursuant to the federal TRACED Act, issued a rule on March 30, 2020, to require providers to implement STIR/SHAKEN by June 30, 2021. This bill will give the New York Attorney General and Public Service Commission the ability to enforce and police the implementation of the system against telecom providers in this state.****** In addition, all voice providers must implement STIR/SHAKEN in order for it to be effective, otherwise there will be holes in the telecommuni- cations system that bad actors can exploit to continue to "spoof" numbers and avoid detection. Despite federal requirements, many small providers have not adopted STIR/SHAKEN and scammers have begun to origi- nate calls on those providers' networks to avoid authentication and detection. By mandating implementation of STIR/SHAKEN by all voice providers in New York, we can prevent this.   PRIOR LEGISLATIVE HISTORY: 2020: A.7759C, passed Assembly / S.5926B, amended and recommitted to energy and telecommunications. 2019: A.7759C, amended and recommitted to corporations, authorities and commissions / S.5926B, referred to energy and telecommunications.   FISCAL IMPLICATION: None.   EFFECTIVE DATE: This act shall take effect immediately. * See FCC press release- FCC Adopts Rules to Allow Phone Companies toProactively Block Illegal Robo- calls. November 16, 2017. See also "The FCC's Push to Combat Robocalls & Spoofing." https://www.fcc.gov/aboutfcc/fcc-initiatives/ fccs-push-com- batrobocalls-spoofing ** See https://www.cnbc.com/2018/06/06/ ameri- cans-got-l6-billion-robo-calls- this-year-heres-how-to-stopthem.html *** See https://www.consumerreports.org/ robocalls/bestwaystofightrobocalls/ **** See https://www.washingtonpost. com/technology/2018/09/19/nearlyhalf-cellphone-calls- will-bescams-byre- port-says /?utm term=. 6dcOeb2b0198 ***** Id. ******See https://www.fcc.gov/document/fcc-mandates-stirshaken-combatspoofed-roboc alls
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A00585 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         585--A
                                                                 Cal. No. 36
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, OTIS, FAHY, GRIFFIN, WALLACE, VANEL --
          read once and referred to the Committee on  Corporations,  Authorities
          and  Commissions -- reported and referred to the Committee on Codes --
          reported from committee, advanced to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          STIR/SHAKEN authentication framework
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-z-1 to read as follows:
     3    §  399-z-1.  STIR/SHAKEN  authentication framework. 1. As used in this
     4  section, the following terms shall have the following meanings:
     5    (a) "STIR/SHAKEN authentication framework" means the secure  telephone
     6  identity  revisited and signature-based handling of asserted information
     7  using tokens standards proposed by the  information  and  communications
     8  technology industry.
     9    (b)  "Voice service" means any service that is interconnected with the
    10  public switched telephone network  and  that  furnishes  voice  communi-
    11  cations to an end user using resources from the North American Numbering
    12  Plan  or  any  successor to the North American Numbering Plan adopted by
    13  the public service commission under section 251(e)(1)  of  the  Communi-
    14  cations Act of 1934 (47 U.S.C. 251(e)(1)); and includes:
    15    i.  transmissions  from  a  telephone  facsimile machine, computer, or
    16  other device to a telephone facsimile machine; and
    17    ii. without limitation, any service that  enables  real-time,  two-way
    18  voice  communications,  including  any  service  that  requires internet
    19  protocol-compatible  customer  premises  equipment  (commonly  known  as
    20  "CPE")  and  permits  out-bound  calling,  whether or not the service is
    21  one-way or two-way voice over internet protocol.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01131-02-1

        A. 585--A                           2
 
     1    2. Not later than twelve months  after  the  effective  date  of  this
     2  section, the public service commission shall require a provider of voice
     3  service  to implement the STIR/SHAKEN authentication framework or alter-
     4  native technology that provides comparable  or  superior  capability  to
     5  verify  and  authenticate caller identification in the internet protocol
     6  networks of voice service providers.
     7    3. (a) Any voice service provider that knowingly fails or neglects  to
     8  comply  with  this  section, or a rule or regulation adopted thereunder,
     9  shall forfeit to the people of the state of New York a sum not less than
    10  ten thousand dollars and no  more  than  one  hundred  thousand  dollars
    11  constituting a civil penalty for each and every offense and, in the case
    12  of  a  continuing  violation,  each  day  shall be deemed a separate and
    13  distinct offense.
    14    (b) Notwithstanding any other provision of law, rule, or regulation, a
    15  voice service provider shall be considered to be in compliance with this
    16  section and any rule or regulation adopted thereunder if  that  provider
    17  has  filed  a  certification  with the Federal Communications Commission
    18  that the provider's traffic is either signed with STIR/SHAKEN or subject
    19  to a compliant robocall mitigation program. A copy of such certification
    20  shall be made available to the attorney general or  the  public  service
    21  commission, upon request.
    22    4. Whenever there shall be a violation of this section, an application
    23  may  be  made  by  either  (a) the attorney general in the   name of the
    24  people of the state of New York, or (b) in the case of a  voice  service
    25  provider  subject  to the jurisdiction of the public service commission,
    26  to a court or justice having jurisdiction, to issue an  injunction,  and
    27  upon  notice  to the defendant of not less than five days, to enjoin and
    28  restrain the continuance of such violations, and for the enforcement  of
    29  the penalties provided in this section.
    30    5.  When  the  department  of  public  service has reason to believe a
    31  person or voice service provider has  violated  any  provision  of  this
    32  section,  the  department may request in writing the production of rele-
    33  vant documents and records. If the person upon  whom  such  request  was
    34  made  fails  to  produce  the  documents or records within fourteen days
    35  after the date of the  request,  the  department  may  issue  and  serve
    36  subpoenas to compel the production of such documents and records. If any
    37  person shall refuse to comply with a subpoena issued under this section,
    38  the department may petition a court of competent jurisdiction to enforce
    39  the subpoena and, notwithstanding any other provision of law, to request
    40  a  civil  penalty  not  to  exceed  one thousand dollars per day, actual
    41  damages sustained by reason of the failure to comply, and such sanctions
    42  as the court may direct.
    43    6. The public service commission and the department of public  service
    44  may  promulgate  rules  and  regulations  to  implement  and enforce the
    45  provisions of this section.
    46    § 2. This act shall take effect immediately.
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