House File 37 



                                       HOUSE FILE       
                                       BY  WENTHE


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting the use of false caller identification for
  2    campaign purposes and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1480YH 83
  5 jr/rj/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  68A.407  USE OF FALSE CALLER
  1  2 IDENTIFICATION FOR CAMPAIGN PURPOSES PROHIBITED.
  1  3    1.  A person shall not knowingly use or provide to another
  1  4 person either of the following:
  1  5    a.  False caller identification information with intent to
  1  6 defraud for purposes related to expressly advocating the
  1  7 nomination, election, or defeat of a clearly identified
  1  8 candidate or for the passage or defeat of a clearly identified
  1  9 ballot issue.
  1 10    b.  Caller identification information pertaining to an
  1 11 actual person without that person's consent and with intent to
  1 12 deceive the recipient of a call about the identity of the
  1 13 caller.
  1 14    2.  This section shall not apply to conduct that was
  1 15 lawfully authorized as investigative, protective, or
  1 16 intelligence activity of a law enforcement agency of the
  1 17 United States, a state, or a political subdivision of a state.
  1 18    3.  As used in this section:
  1 19    a.  "Caller identification information" means information
  1 20 regarding the origination of the telephone call, such as the
  1 21 name or the telephone number of the caller.
  1 22    b.  "Telephone call" means a call made using or received on
  1 23 a telecommunications service or voice over internet protocol
  1 24 service.
  1 25    c.  "Voice over internet protocol service" means a service
  1 26 to which all of the following apply:
  1 27    (1)  The service provides real=time two=way voice
  1 28 communications transmitted using internet protocol, or a
  1 29 successor protocol.
  1 30    (2)  The service is offered to the public, or such classes
  1 31 of users as to be effectively available to the public.
  1 32    (3)  The service has the capability to originate traffic
  1 33 to, or terminate traffic from, the public switched telephone
  1 34 network or a successor network.
  1 35    4.  The board shall adopt rules pursuant to chapter 17A to
  2  1 administer this section.
  2  2    5.  A person who violates this section is subject to
  2  3 sections 68A.701 and 68B.32D.
  2  4                           EXPLANATION
  2  5    This bill prohibits any person from using either false
  2  6 caller identification information with intent to defraud for
  2  7 purposes related to expressly advocating the nomination,
  2  8 election, or defeat of a clearly identified candidate or for
  2  9 the passage or defeat of a clearly identified ballot issue.
  2 10 The bill also prohibits using another person's identification
  2 11 information without that person's consent and with intent to
  2 12 deceive the recipient of a call.
  2 13    The bill applies to telephone communications made either
  2 14 through a traditional service provider or through the
  2 15 internet.  As provided in Code section 68A.701, a willful
  2 16 violation of any provision of the campaign finance chapter is
  2 17 a serious misdemeanor punishable by confinement for up to one
  2 18 year and a fine of at least $315 but not more than $1,875.  A
  2 19 variety of civil remedies are also available in Code section
  2 20 68B.32D for a violation of Code chapter 68A or rules of the
  2 21 ethics and campaign disclosure board, ranging from a reprimand
  2 22 to a civil penalty of not more than $2,000.
  2 23 LSB 1480YH 83
  2 24 jr/rj/24.1