House File 37HOUSE 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