Stop SIM Box Scams Act

a continuing violation of this section, may be treated as a separate violation of this section. ``(2) Cease and desist orders.--The Commission may, after determining that an individual or entity is carrying out an activity in violation of this section, issue a temporary cease- and-desist order requiring such individual or entity to immediately stop such activity and such order may remain in effect for up to 180 days (unless extended by the Commission after the provision of notice and an opportunity for a hearing). ``(3) Private right of action.-- ``(A) In general.--A provider of mobile service injured by an activity in violation of this section, or a regulation promulgated under this section, may bring in an appropriate district court of the United States-- ``(i) an action to enjoin the violation; ``(ii) an action to recover damages; or ``(iii) both such actions. ``(B) Attorney's fees.--The court may award to a prevailing party in an action brought under this paragraph reasonable attorney's fees, as determined by the court. ``(f) Report.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing, with respect to the preceding 1-year period, the implementation of this section, including associated enforcement activities and efforts of the Commission to coordinate with Federal agencies and State attorneys general with respect to enforcement activities. ``(g) Safe Harbor.-- ``(1) In general.--No cause of action may be brought in any court or administrative agency against any provider of mobile service on account of any act undertaken by, or on behalf of, such provider if such act was undertaken in good faith and there was a reasonable basis to believe that such act was necessary or appropriate to detect, identify, locate, mitigate, disrupt, or support an enforcement action with respect to a SIM box, including an act-- ``(A) to monitor the equipment, networks, or systems of such provider in relation to detecting, identifying, locating, mitigating, disrupting, or supporting an enforcement action with respect to a SIM box; or ``(B) to provide to the Commission or another Federal or State agency, in relation to detecting, identifying, locating, mitigating, disrupting, or supporting an enforcement action with respect to a SIM box-- ``(i) information or access to information (including communication records, communication contents, and other information relating to a customer or communication); ``(ii) access to facilities; or ``(iii) other reasonable assistance. ``(2) Limitation.--Paragraph (1) does not apply to any act to the extent such act-- ``(A) is unrelated to detecting, identifying, locating, mitigating, disrupting, or supporting an enforcement action with respect to a SIM box; ``(B) involves the use, retention, or disclosure of information obtained through an act described in such paragraph for a purpose that is unrelated to the detection, identification, location, mitigation, disruption, or support of an enforcement action with respect to a SIM box, unless such use, retention, or disclosure is required by law; or ``(C) constitutes willful misconduct, gross negligence, or bad faith. ``(3) Rule of construction.--Nothing in this section may be construed to-- ``(A) create, for a provider of mobile service, a duty to monitor the equipment, networks, or systems of such provider or to provide to any entity-- ``(i) information or access to information (including communication records, communication contents, and other information relating to a customer or communication); ``(ii) access to facilities; or ``(iii) other assistance; or ``(B) affect, with respect to a provider of mobile service, the availability of any legal defense, including a defense under common law or statute. ``(h) Definitions.--In this section: ``(1) Mobile service.--The term `mobile service' has the meaning given such term in section 3 of this Act. ``(2) SIM.--The term `SIM' means a physical subscriber identity module, a non-physical subscriber identity module, or any comparable credential or profile used to authenticate a device or user with respect to a mobile service. ``(3) SIM box.-- ``(A) In general.--The term `SIM box' means any device, equipment, software, system, or service (including any virtualized, remote, or cloud-based system, platform, or service) that-- ``(i) enables, or is designed, advertised, or reasonably expected to enable, the automated pooling, rotation, multiplexing, or concurrent use of 2 or more SIMs, International Mobile Subscriber Identities, or equivalent credentials to originate, route, forward, or terminate communications with respect to a mobile service; and ``(ii) is designed, advertised, or reasonably expected to-- ``(I) obscure or misrepresent call or data origin; ``(II) defeat caller identity authentication or traceback; or ``(III) bypass or evade lawful controls of a provider of mobile service, including interconnection agreements, access charge arrangements, and numbering policies. ``(B) Exclusions.--The term `SIM box' does not include the following: ``(i) Any device, equipment, software, system, or service authorized or licensed by the Commission for a purpose permissible under this Act. ``(ii) Any device, equipment, software, system, or service used solely by a Federal, State, Tribal, or local government for an official purpose. ``(iii) Any device, equipment, software, system, or service used solely within a laboratory or another testing facility recognized by the Commission for conformance, security, or interoperability testing, if such device, equipment, software, system, or service is not offered for sale or public use. ``(iv) Any device, equipment, software, system, or service used for purposes of the internal testing of equipment or systems by a provider of mobile service authorized or licensed by the Commission. ``(v) Any other device, equipment, software, system, or service the Commission determines appropriate.''. (b) Forfeiture of Communications Devices.--Section 510(a) of the Communications Act of 1934 (47 U.S.C. 510(a)) is amended by inserting ``and any item with respect to which an activity prohibited under section 346 is carried out in violation of such section, or rules prescribed by the Commission under such section,'' after ``sections,''. (c) Privacy of Customer Information.--Section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to provide assistance to a Federal agency with respect to a SIM box consistent with section 346.''. (d) Rule of Construction.--Nothing in this Act, including the amendments made by this Act, may be construed to limit any other authority of a Federal agency, including the Federal Communications Commission, including any authority with respect to the following: (1) Caller identification. (2) Robocall mitigation. (3) Fraud. (4) Equipment authorization. (5) Numbering administration. (6) Critical infrastructure protection. (7) Radio magnetic spectrum monitoring. (8) Disaster response coordination. (9) Public safety communications. (e) Preemption.-- (1) In general.--No State, or political subdivision of a State, may maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law that conflicts, or is otherwise inconsistent, with this Act, or the amendments made by this Act. (2) Rule of construction.--For purposes of paragraph (1), a law, rule, regulation, requirement, standard, or other provision having the force and effect of law may not be treated as in conflict, or otherwise inconsistent, with this Act to the extent that such law, rule, regulation, requirement, standard, or other provision imposes a limitation-- (A) with respect to SIM boxes (only as such term is defined in section 346(h) of the Communications Act of 1934); and (B) that is more strict than the limitations imposed by this Act, including the amendments made by this Act. (f) Severability.--If any provision of this Act, or the application of such a provision to any individual, entity, or circumstance, is held invalid, the remaining provisions of this Act, and the application of such provisions to any other individual, entity, or circumstance, may not be affected. <all>