§ 399-Z-1*2 — STIR/SHAKEN authentication framework

New York § 399-Z-1*2

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

* § 399-z-1. STIR/SHAKEN authentication framework. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "STIR/SHAKEN authentication framework" means the secure telephone\nidentity revisited and signature-based handling of asserted information\nusing tokens standards proposed by the information and communications\ntechnology industry.\n (b) "Voice service" means any service that is interconnected with the\npublic switched telephone network and that furnishes voice\ncommunications to an end user using resources from the North American\nNumbering Plan or any successor to the North American Numbering Plan\nadopted by the public service commission under section 251(e)(1) of the\nCommunications Act of 1934 (47 U.S.C. 251(e)(1)); and includes:\n i. transmissions from a telephone facsimile machine, computer, or\nother device to a telephone facsimile machine; and\n ii. without limitation, any service that enables real-time, two-way\nvoice communications, including any service that requires internet\nprotocol-compatible customer premises equipment (commonly known as\n"CPE") and permits out-bound calling, whether or not the service is\none-way or two-way voice over internet protocol.\n 2. Not later than twelve months after the effective date of this\nsection, the public service commission shall require a provider of voice\nservice to implement the STIR/SHAKEN authentication framework or\nalternative technology that provides comparable or superior capability\nto verify and authenticate caller identification in the internet\nprotocol networks of voice service providers.\n 3. (a) Any voice service provider that knowingly fails or neglects to\ncomply with this section, or a rule or regulation adopted thereunder,\nshall forfeit to the people of the state of New York a sum not less than\nten thousand dollars and no more than one hundred thousand dollars\nconstituting a civil penalty for each and every offense and, in the case\nof a continuing violation, each day shall be deemed a separate and\ndistinct offense.\n (b) Notwithstanding any other provision of law, rule, or regulation, a\nvoice service provider shall be considered to be in compliance with this\nsection and any rule or regulation adopted thereunder if that provider\nhas filed a certification with the Federal Communications Commission\nthat the provider's traffic is either signed with STIR/SHAKEN or subject\nto a compliant robocall mitigation program. A copy of such certification\nshall be made available to the attorney general or the public service\ncommission, upon request.\n 4. Whenever there shall be a violation of this section, an application\nmay be made by either (a) the attorney general in the name of the people\nof the state of New York, or (b) in the case of a voice service provider\nsubject to the jurisdiction of the public service commission, to a court\nor justice having jurisdiction, to issue an injunction, and upon notice\nto the defendant of not less than five days, to enjoin and restrain the\ncontinuance of such violations, and for the enforcement of the penalties\nprovided in this section.\n 5. When the department of public service has reason to believe a\nperson or voice service provider has violated any provision of this\nsection, the department may request in writing the production of\nrelevant documents and records. If the person upon whom such request was\nmade fails to produce the documents or records within fourteen days\nafter the date of the request, the department may issue and serve\nsubpoenas to compel the production of such documents and records. If any\nperson shall refuse to comply with a subpoena issued under this section,\nthe department may petition a court of competent jurisdiction to enforce\nthe subpoena and, notwithstanding any other provision of law, to request\na civil penalty not to exceed one thousand dollars per day, actual\ndamages sustained by reason of the failure to comply, and such sanctions\nas the court may direct.\n 6. The public service commission and the department of public service\nmay promulgate rules and regulations to implement and enforce the\nprovisions of this section.\n * NB There are 2 § 399-z-1's\n