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5-63-205. Misleading caller identification information — Exemptions — Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-63-205. Misleading caller identification information — Exemptions — Penalties.
(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value.
(b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed.
(c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient.
(d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose.
(e) This section does not prohibit:
(1) An authorized activity of a law enforcement agency;
(2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number;
(3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices;
(4) Any activity pursuant to a court o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-63-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-63-205
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fdcafc1786035373f3bb5b36bb59c48becd14fcebc65ac847b6c1d8800004ffe
Source location: content.xml paragraph 22255
Stored source content
5-63-205. Misleading caller identification information — Exemptions — Penalties.
(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value.
(b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed.
(c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient.
(d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose.
(e) This section does not prohibit:
(1) An authorized activity of a law enforcement agency;
(2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number;
(3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices;
(4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or
(5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose.
(f) This section does not apply to a telecommunications provider that complies with § 23-17-122.
(g) A violation of this section is a Class D felony.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-122. Annual certification — Definition.
(a) As used in this section, “provider” means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as “VoIP”, service, a commercial radio service, or a similar service.
(b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11), § 4-88-108(a), § 4-99-108(c), or § 4-99-302(b), as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs.
(c)(1) The commission shall promulgate rules necessary to implement this section.
(2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
(i) On or before July 1, 2020; or
(ii) If approval under § 10-3-309 has not occurred by July 1, 2020, as soon as practicable after approval under § 10-3-309.
(B) The commission shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of July 1, 2020, so that the Legislative Council may consider the rule for approval before July 1, 2020.
(d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section.
(e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-122
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-122. This identifies an authority to review, not proof of applicability.