1. 1. A person shall not knowingly use or provide to another person either of the following:

   1. a. False caller identification information with intent to defraud for purposes related to expressly advocating the nomination, election, or defeat of a clearly identified candidate or for the passage or defeat of a clearly identified ballot issue.
   2. b. Caller identification information pertaining to an actual person without that person’s consent and with intent to deceive the recipient of a call about the identity of the caller.
2. 2. This section shall not apply to conduct that was lawfully authorized as investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a political subdivision of a state.

3. 3. As used in this section:

   1. a. “Caller identification information” means information regarding the origination of the telephone call, such as the name or the telephone number of the caller.
   2. b. “Telephone call” means a call made using or received on a telecommunications service or voice over internet protocol service.

   3. c. “Voice over internet protocol service” means a service to which all of the following apply:

      1. (1) The service provides real-time two-way voice communications transmitted using internet protocol, or a successor protocol.
      2. (2) The service is offered to the public, or such classes of users as to be effectively available to the public.
      3. (3) The service has the capability to originate traffic to, or terminate traffic from, the public switched telephone network or a successor network.
4. 4. The board shall adopt rules pursuant to chapter 17A to administer this section.
5. 5. A person who violates this section is subject to sections 68A.701 and 68B.32D.

2009 Acts, ch 64, §1