The Spoofing Prevention Act

The primary purpose of meeting with Nelson's office and House and Senate Commerce Committees was to discuss Nelson's legislation, S. 134, the "Spoofing Prevention Act" (SPA).

On Tuesday, January 24, the Senate Commerce Committee reported seven telecommunications-related bills.  Among these was S. 134.

Having passed out of committee, this bill is now eligible to be called up for a Senate floor vote whenever the Majority Leader would like to.  Last year, the SPA passed the House, but did not receive floor consideration in the Senate. 

In past years, NCISS has watched this legislation closely, and talked with the committees and legislative sponsors, to ensure that legitimate investigative techniques employed by NCISS member-investigators are not banned.

Like last year, the 2017 SPA simply extends the 2009 ban on transmitting false caller ID information to texts and voice over internet protocols (VoIP), and to international callers dialing into the US.

It is the opinion of Senator Nelson's office, as well as the House and Senate Commerce Committees, that the SPA as currently drafted does not reach the common investigative practice of "pretexting," i.e.  verbal misrepresentation designed to elicit information.

In fact, NCISS was instrumental in securing language in the bill specifically exempting pretexting, in that the statutory definition of prohibited conduct, "does not include real time, two-way voice or video".

NCISS considers this a victory. 

Companion House language is not yet available, but NCISS stressed to the Committee that it would like to see similar language when considered. 

Last year, Chairman Upton introduced the bill.  He has since given up the Chair, and it is unclear at what point the House Committee will take up this bill.

In any event, there is a strong likelihood that this legislation will become law in 2017.

Net Neutrality

In 2014, NCISS filed an official comment with the Federal Communications Commission, urging them to promote an official policy of "Net Neutrality".  In part, the comment stated:

. . . [t]he FCC cannot (even if inadvertently) restrict the ability of private citizens to access [important investigative] information by allowing the bifurcation of the internet and relegating such non-commercial sites and pursuits to second-class status.  To do so would doom our ability to act quickly and accurately, often when human life is at stake.

Please do not take regulatory action which would allow for "tiered" services on the internet, allowing providers to increase speeds for preferred customers.  Internet users who do not have the commercial clout to pay more for enhanced service could ultimately pay a steep price for the change as providers who see less commercial benefit from such users deny them crucial technological advances.  We do not believe this result is inconceivable, and in fact believe it would be likely in the long run as providers seek to maximize their profits and focus more on developing technology and improving services for those simply with the ability to pay more.

For private investigators, the vast majority of whom are small businesses or solo practitioners, such a change could be fatal to our ability to access critical information.  We respectfully ask that you preserve true equality in internet services for all users, and not let large commercial operations gain an unfair advantage . . .

At that time, the FCC did institute a policy requiring parity across the internet, regardless of the size of the user or intensity of data transmission.

In January, President Trump elevated Ajit Pai to the Chairmanship of the FCC.  Chairma Pai is on record as a staunch opponent of Net Neutrality, believing that it will stifle innovation, among other things.

He will not be subject to Senate confirmation prior to taking the Chairmanship, as he has previously been confirmed for his lower position.  His appointment will run out in 2017, however, so he will need Senate reconsideration later this year.

During this process, NCISS will work with target Members and Senate Commerce Committee staff to elevate this debate once again, working to secure the ability of lower-level web utilizers to the most effective technologies.