EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILLS NOS. 2628 & 2603
102ND GENERAL ASSEMBLY
5403S.04C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 407.1095, 407.1098, 407.1101, and 407.1104, RSMo, and to enact in lieu
thereof six new sections relating to electronic communications, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 407.1095, 40 7.1098, 407.1101, and 1
407.1104, RSMo, are repealed and six new sections enacted in 2
lieu thereof, to be known as sections 115.645, 407.1095, 3
407.1098, 407.1101, 407.1104, and 407.1115, to read as follows:4
115.645. 1. For the purposes of this section , the 1
following terms shall mean: 2
(1) "Creator", any person that utilizes or deploys 3
artificial intelligence or other digital technology to 4
generate synthetic media, but does not include a provider or 5
a developer of any technology used in the cre ation of 6
synthetic media; 7
(2) "Deceptive and fraudulent deepfake", synthetic 8
media that provides false information to voters about where, 9
when, or how they can lawfully vote or depicts a candidate 10
or political party with the intent to injure the reputation 11
of the candidate or party and otherwise deceive a voter that: 12 SCS HCS HBs 2628 & 2603 2
(a) Appears to a reasonable person to depict a real 13
individual saying or doing something that did not actually 14
occur; or 15
(b) Provides a reasonable person a fundamentall y 16
different understanding or impression of the appearance, 17
action, or speech of a candidate or party than such person 18
would have from an unaltered, original version of the image, 19
audio recording, or video recording; 20
(3) "Synthetic media", an imag e, audio recording, or 21
video recording of an individual's appearance, speech, or 22
conduct that has been created or intentionally manipulated 23
with the use of generative adversarial network techniques or 24
other digital artificial intelligence technology in a manner 25
to create a realistic but false image, audio, or video. 26
2. Except as provided in subsection 3 of this section, 27
a creator shall not, within eighteen weeks of an election, 28
distribute a synthetic media message that the creator knows 29
or should have known is a deceptive and fraudulent deepfake. 30
3. (1) The provisions of subsection 2 of this section 31
shall not apply if the creator of the audio or visual media 32
includes a disclosure stating: "This _______ has been 33
manipulated or generat ed by artificial intelligence.". 34
(2) The blank shall be filled in with whichever of the 35
following terms most accurately describes the media: image, 36
video, or audio. 37
(3) For visual media, the text of the disclosure shall 38
appear in a size no s maller than the largest font size of 39
other text appearing in the visual media. If the visual 40
media does not include any other text, the disclosure shall 41
appear in a size that is easily readable by the average 42
viewer. For visual media in video format, the disclosure 43
shall appear for the duration of the video. 44 SCS HCS HBs 2628 & 2603 3
(4) If the media consists of audio only, and no visual 45
disclosure is feasible, the disclosure shall be read in a 46
clearly spoken manner and in a pitch that can be easily 47
heard by the average listener at the beginning of the audio, 48
at the end of the audio, and, if the audio is greater than 49
two minutes in length, interspersed within the audio at 50
intervals not to exceed two minutes in length. 51
4. A candidate whose appearance, action, or speech is 52
depicted through the use of a deceptive and fraudulent 53
deepfake in violation of subsection 2 of this section may 54
seek injunctive or other equitable relief from the creator 55
prohibiting the publication of such deceptive and fraudulent 56
deepfake. 57
5. A person who violates the provisions of subsection 58
2 of this section may be subject to the following penalties: 59
(1) A class B misdemeanor; 60
(2) A class A misdemeanor if the person commits the 61
violation with the intent to cause vi olence or bodily harm; 62
or 63
(3) A class E felony if the person commits the 64
violation within five years of one or more prior convictions 65
under this section. 66
6. This section shall not apply to a radio or 67
television broadcasting station, includi ng a cable or 68
satellite television operator, programmer, or producer, that 69
broadcasts a deceptive and fraudulent deepfake prohibited by 70
this section as part of a bona fide newscast, news 71
interview, news documentary, or on -the-spot coverage of bona 72
fide news events, if the broadcast clearly acknowledges 73
through content or a disclosure, in a manner that can be 74
easily heard or read by the average listener or viewer, that 75 SCS HCS HBs 2628 & 2603 4
there are questions about the authenticity of the materially 76
deceptive audio or v isual media. 77
7. This section shall not apply to a radio or 78
television broadcasting station, including a cable or 79
satellite television operator, programmer, or producer, or 80
website developer or owner, when it is paid to broadcast a 81
deceptive and fraudulent deepfake. The responsibility and 82
liability shall rest solely with the advertiser or entity 83
that paid to broadcast the deceptive and fraudulent deepfake 84
and not with the radio or television broadcasting station or 85
website developer or owner d isseminating the deceptive or 86
fraudulent deepfake. 87
8. This section shall not apply to an internet website 88
or a regularly published newspaper, magazine, or other 89
periodical of general circulation, including an internet or 90
electronic publication, t hat routinely carries news and 91
commentary of general interest and that publishes a 92
deceptive and fraudulent deepfake prohibited by this section 93
if the publication clearly states that the audio or visual 94
media does not accurately represent the speech or conduct of 95
the candidate. 96
9. This section shall not apply to an interactive 97
computer service, as defined in 47 U.S.C. Section 230, for 98
content provided by another party. 99
10. This section shall not apply to materially 100
deceptive audio or vis ual media that constitutes satire or 101
parody. 102
407.1095. As used in sections 407.1095 to 407.1110, 1
the following words and phrases mean: 2
(1) "Business subscriber", a person or entity that, 3
for business use, has subscribed to tele phone service, 4
wireless service, or other similar service; 5 SCS HCS HBs 2628 & 2603 5
(2) "Call spoofing", the practice by a calling party 6
or any caller identification service of knowingly 7
transmitting misleading or inaccurate caller identification 8
information with the int ent to defraud, cause harm, harass, 9
or wrongfully obtain anything of value; 10
(3) "Caller identification service", a type of 11
telephone service which permits telephone subscribers to see 12
the telephone number of incoming telephone calls; 13
[(2)] (4) "Residential subscriber", a person who, for 14
[primarily] personal and familial use, has subscribed to 15
residential telephone service, wireless service or similar 16
service, or the other persons living or residing with such 17
person; 18
[(3)] (5) "Seller", the same as defined in section 19
407.1070; 20
(6) "Telemarketer", the same as defined in section 21
407.1070; 22
(7) "Telephone solicitation", any voice, facsimile, 23
short messaging service (SMS), or multimedia messaging 24
service (MMS), for the purp ose of encouraging the purchase 25
or rental of, or investment in, property, goods or services, 26
but does not include communications: 27
(a) To any business subscriber or residential 28
subscriber with that subscriber's prior express invitation 29
or permission; 30
(b) By or on behalf of any person or entity with whom 31
a business subscriber or residential subscriber has had a 32
business contact within the past one hundred eighty days or 33
a current business or personal relationship; 34
(c) By or on behalf of an entity organized pursuant to 35
Chapter 501 (c)(3) of the United States Internal Revenue 36
Code, while such entity is engaged in fund -raising to 37 SCS HCS HBs 2628 & 2603 6
support the charitable purpose for which the entity was 38
established provided that a bona fide member of su ch exempt 39
organization makes the voice communication; 40
(d) By or on behalf of any entity over which a federal 41
agency has regulatory authority to the extent that: 42
a. Subject to such authority, the entity is required 43
to maintain a license, perm it or certificate to sell or 44
provide the merchandise being offered through telemarketing; 45
and 46
b. The entity is required by law or rule to develop 47
and maintain a no-call list; 48
(e) By a natural person responding to a referral, or 49
working from his or her primary residence, or a person 50
licensed by the state of Missouri to carry out a trade, 51
occupation or profession who is setting or attempting to set 52
an appointment for actions relating to that licensed trade, 53
occupation or profession within the state or counties 54
contiguous to the state. 55
407.1098. No person or entity shall make or cause to 1
be made any telephone solicitation , including via call 2
spoofing, to any business subscriber or residential 3
subscriber in this state who has given notice to the 4
attorney general, in accordance with rules promulgated 5
pursuant to section 407.1101 of such subscriber's objection 6
to receiving telephone solicitations. 7
407.1101. 1. The attorney general shall establish a nd 1
provide for the operation of a database to compile a list of 2
telephone numbers of business subscribers and residential 3
subscribers who object to receiving telephone 4
solicitations. [Such list is not intended to include any 5
telephone number primaril y used for business or commercial 6
purposes.] 7 SCS HCS HBs 2628 & 2603 7
2. The attorney general shall promulgate rules and 8
regulations governing the establishment of a state no -call 9
database as he or she deems necessary and appropriate to 10
fully implement the provisions of sections 407.1095 to 11
407.1110. The rules and regulations shall include those 12
which: 13
(1) Specify the methods by which each business 14
subscriber or residential subscriber may give notice to the 15
attorney general or its contractor of his or her objec tion 16
to receiving such solicitations or revocation of such 17
notice. There shall be no cost to the subscriber for 18
joining the database; 19
(2) Specify the length of time for which a notice of 20
objection shall be effective and the effect of a change of 21
telephone number on such notice; 22
(3) Specify the methods by which such objections and 23
revocations shall be collected and added to the database; 24
(4) Specify that once a person gives notice of 25
objection, the person shall not have to renew his or her 26
objection; 27
(5) Specify the methods by which any person or entity 28
desiring to make telephone solicitations will obtain access 29
to the database as required to avoid calling the telephone 30
numbers of business subscribers or residential subscribers 31
included in the database, including the cost assessed to 32
that person or entity for access to the database; and 33
[(5)] (6) Specify such other matters relating to the 34
database that the attorney general deems desirable. 35
3. If the Federal Communications Commission 36
establishes a single national database of telephone numbers 37
of subscribers who object to receiving telephone 38
solicitations pursuant to 47 U.S.C. Section 227(c)(3), the 39 SCS HCS HBs 2628 & 2603 8
attorney general shall include that part of such single 40
national database that relates to Missouri in the database 41
established pursuant to this section. 42
4. Information contained in the database established 43
pursuant to this section shall be used only for the purpose 44
of compliance with section 407.1098 and this section or in a 45
proceeding or action pursuant to section 407.1107. Such 46
information shall not be considered a public record pursuant 47
to chapter 610. 48
5. In April, July, October and January of each year, 49
the attorney general shall be encourag ed to obtain 50
subscription listings of business subscribers and 51
residential subscribers in this state who have arranged to 52
be included on any national do -not-call list and add those 53
telephone numbers to the state do -not-call list. 54
6. The attorney general may utilize moneys 55
appropriated from general revenue and moneys appropriated 56
from the merchandising practices revolving fund established 57
in section 407.140 for the purposes of establishing and 58
operating the state no -call database. 59
7. Any rule or portion of a rule, as that term is 60
defined in section 536.010, that is created under the 61
authority delegated in sections 407.1095 to 407.1110 shall 62
become effective only if it complies with and is subject to 63
all of the provisions of chapter 536 and, if applicable, 64
section 536.028. This section and chapter 536 are 65
nonseverable and if any of the powers vested with the 66
general assembly pursuant to chapter 536 to review, to delay 67
the effective date or to disapprove and annul a rule are 68
subsequently held unconstitutional, then the grant of 69
rulemaking authority and any rule proposed or adopted after 70
August 28, 2000, shall be invalid and void. 71 SCS HCS HBs 2628 & 2603 9
407.1104. 1. Any person or entity who makes a 1
telephone solicitation to any business subscriber or 2
residential subscriber in this state shall, at the beginning 3
of such solicitation, state clearly the identity of the 4
person or entity initiating the solicitation. 5
2. No person or entity who makes a telephone 6
solicitation to a business subscriber or residential 7
subscriber in this state shall knowingly use any method , 8
including call spoofing, to block or otherwise circumvent 9
any subscriber's use of a caller identification service. 10
407.1115. 1. This section shall be known and may be 1
cited as the "Caller ID Anti -Spoofing Act". 2
2. As used in this section, the following terms mean: 3
(1) "Call", any telephone call, facsimile, or text 4
message made using a public switched telephone network, 5
wireless cellular telephone service, or voice -over-internet 6
protocol (VoIP) service that has the capability of accessing 7
users on the public switched telephone network or a 8
successor network; 9
(2) "Caller", a person or entity who places a call, 10
facsimile, or text message, whether by phone or computer; 11
(3) "Caller identification information", information 12
provided by a caller identification service regarding the 13
telephone number or other origination information of a call 14
or facsimile transmission made using a telecommunications 15
service or an interconnected VoIP service or of a text 16
message sent using a text -messaging service; 17
(4) "Caller identification service", any service or 18
device designed to provide the user of the service or device 19
with the telephone number or other origination information 20
of a call or facsimile transmission made using a 21
telecommunications service or an interconnected VoIP service 22 SCS HCS HBs 2628 & 2603 10
or of a text message sent using a text messaging service. 23
"Caller identification service " includes automatic number 24
identification services. 25
3. A caller commits the offense of caller 26
identification spoofing if the caller: 27
(1) Enters or causes to be entered false information 28
into a caller identification service with the maliciou s 29
intent to deceive, defraud, or mislead the recipient of a 30
call; or 31
(2) Places a call knowing that false information was 32
entered into the caller identification service with the 33
intent to deceive, defraud, or mislead the recipient of the 34
call. 35
4. The first offense of caller identification spoofing 36
shall be a class C misdemeanor. The second and any 37
subsequent offense shall be a class A misdemeanor. 38
5. This section shall not apply to: 39
(1) The blocking of caller identification i nformation; 40
(2) Any law enforcement agency of the federal, state, 41
county, or municipal government; 42
(3) Any intelligence or security agency of the federal 43
government; or 44
(4) A communications service provider, including a 45
telecommunications, broadband, or voice -over-internet 46
service provider that: 47
(a) Acts in the communications service provider's 48
capacity as an intermediary for the transmission of 49
telephone service between the caller and the recipient; 50
(b) Provides or configures a service or service 51
feature as requested by the customer; 52
(c) Acts in a manner that is authorized or required by 53
applicable law; or 54 SCS HCS HBs 2628 & 2603 11
(d) Engages in other conduct that is necessary to 55
provide service. 56
6. The recipient of any call in which the caller uses 57
false caller identification information shall have standing 58
to recover actual and punitive damages against the caller. 59
Punitive damages shall be in an amount determined by the 60
court but not to exceed five thousand dollars per call. 61
Call recipients may bring action under this section as 62
members of a class. The attorney general may initiate legal 63
proceedings or intervene in legal proceedings on behalf of 64
call recipients and, if the caller is found guilty, shall 65
recover all costs of the investigation and prosecution of 66
the action. 67