CallerID Spoofing to be Made Illegal

MadJo writes "US Congress has just approved a bill that will make it illegal to spoof CallerID. From the bill: 'The amount of the forfeiture penalty (...) shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act.'"

Comments

A campaign

[ringokamens]

There's a campaign going on at Binary Freedom right now that some of you may be interested in.
http://binaryfreedom.info/node/163
Basically, there are several arguments against this law

1. It doesn't do anything
Criminals will still make calls and spoof, so it won't stop fraud. Police can already track down spoofers with the same amount of non-spoofers who are using their phones for illegal purposes.

2. It costs money
We're gonna have to spend money to catch spoofers.

3. Jurisdiction
If the phone companies want to stop spoofing, they should design a secure system instead of relying on the congressional police

4. Privacy
It strips privacy that is gained by spoofing.

5. Legitimate use
It has legitimate uses such as for telecommuters who want the name when they make business calls to be the company's. Or how about a business that has several people using one phone line? They might want the sales associate's name to appear, which would be done through spoofing.

Fact of the matter is, this gains us nothing. If I can write a fake name on a letter and mail it, why can't I do the same with my phone?

Re:A campaign

[Anonymous Coward]

I work for Congress, but not on this issue. But I can correct some misinformation.

1. You're right. We shouldn't make murder illegal either.

2. See number 1. The question is whether the money spent on this law is worth the societal good of making it easier to prosecute scammers.

3. The phone companies don't have an incentive to stop scamming. Congress does (they're occasionally responsible to voters.)

4. It doesn't stop you from not allowing the number to show up at all. It just stops you from faking it.

5. It was specifically written to exempt these uses, since Congressional offices, for example, have the public number show up when people call out from them, rather than individual extensions.

Re:A campaign

[Khaed]

I'm not so much worried about criminals, but I don't think this bill addresses what I want it to:

I'm sick of companies calling and their damn name not showing up, for whatever reason. "Tollfree number" (well no shit, other than collect, when do I get charged for receiving calls?) or "Unknown Caller"

Some of them are bill collectors. Who want someone that isn't here, and don't seem to want to believe that no, that person isn't here, and isn't going to be, so stop calling me. But either way, if they can't identify themselves, they shouldn't be calling my damn number. Which is why I disagree with #4 on your list.

If you're calling my house, I have every right to know who you are. Can you seriously come up with a legitimate situation where you should be able to call me and me not be able to see who you are before I answer the phone?

I barely answer unless I recognize the number anyway, because of a massive amount of wrong numbers. And some of the numbers these idiots are trying to dial aren't even close.

I agree with #3, however, in regards to #2, the cost of it will just be passed on to you one way or another. #5 I can see, but I've never had a business call me and use a sales associate's name.

#1 is a silly argument. Making rape illegal hasn't stopped it, either. You can make the case that no law is ever going to stop any crime. However, it makes it so that if you do it and get caught, you can be punished.

Re:A campaign

[Achromatic1978]

"Can I have your mailing address?"

Certified mail:

In reference to your repeated attempts to find Person X on phone number X, consider yourself formally informed that this person has no connection with this number, and further, that this number is a cellular service for which an uninvolved third party is billed for each call from your business. Accordingly, you are instructed to cease and desist calling this number in relation to this matter, or I reserve the right to take action on the grounds that these calls are civil harassment, and to seek redress through appropriate channels for costs and damages incurred in dealing with this matter."

Fines in America - just can't figure it out

[Bombula]

I don't get why in America we can't figure out that fines only work when the penalty is commensurate with the infraction. If you want fines to work, you have to do what they do in Scandinavian countries - charge a percentage of your income. What is a $500 parking ticket for a billionaire? But $500 will ruin your life if you work for minimum wage. It's not fair, it's not just, and it doesn't work.

Fines for corporations should certainly have a minimum value, but they should have NO upper ceiling. When companies like Microsoft or Phillip Morris or ExxonMobil are fined $200 million dollars - as most of them have been - they don't even blink. It's completely useless. The law in America in this regard is completely idiotic in this regard.

Re:Does this mean...

[Harmonious Botch]

Does this mean I won't be able to call my ex girlfriend up at 3am with a phone number she doesn't recognize, and proceed to breathe heavily into the phone? We gotcha covered. Post her number and the friendly folks here at slashdot will do it for you.

Actually, nothing happened

[gruntled]

So I'm actually reading the legislative action on this bill (through Thomas, provided by the link), and it doesn't appear as though there's been any kind of a vote on this. Am I, you know, missing something? Or does somebody not understand that a bill actually has to be voted on by each full chamber (both the House and the Senate) in an identical format, before it can be said that "Congress" has approved anything?

Upside-down.

[node 3]

Leave it to Slashdot to predictably label fraud as a "feature" and laws designed to prevent it "nannystate".

Re:Upside-down.

[aztektum]

That's the damn thing. Last I checked we already had laws against fraud. So why make a law specifically towards something like this? I can understand the disabilities act, but really, go after spoofers for fraud and if the penalty isn't high enough ADJUST the penalty for fraud across the board. We're making every damn little thing a frickin' crime in this country anymore.

Re:Upside-down.

[node 3]

Last I checked we already had laws against fraud. So why make a law specifically towards something like this? Because one size does not fit all.

Should impersonating a police officer, identity theft, false advertising and passing fake checks all have the same punishment? These are all, at the base, fraud. Could they even reasonably fit under one singular law?

We're making every damn little thing a frickin' crime in this country anymore. Here's the thing, the general term "fraud" is not illegal. Only specific forms of fraud. For example, claiming you can bench 200 lbs when you can barely press half that is not illegal. So, instead of just making "fraud" illegal, laws target specific types, and they *define* those specific types. Caller ID spoofing probably doesn't fall into any existing category of fraud, so this form of fraud can be presently engaged in with impunity.

So what choices are there? Basically, they are to expand an existing law to cover Caller ID spoofing, create a new law, or ignore it altogether. Ergo this story.

Re:Interesting

[smartr]

If slashdot's comments and moderation can be abused, how is that a bug? Some features are inherently prone to different forms of abuse, and there is no magical way to completely solve the problem without removing the feature. I do not have faith in the idea that features can always have a perfect solution. If there was not a mistake in how something should function, it is not a bug. One could make improvements to make abuses harder, but this would be an improvement on the system - not a bug fix.

Re:Simple question

[Dun Malg]

When the police/people see the incoming phone records, will it show the spoofed number or the real number? Police and the phone company use the ANI system (Automatic Number Identification). This is the system that tracks your billing. You do not have any say in what this system records as far as Name, Number, etc. Caller ID is a separate and unrelated system. Caller ID information is usually set by the originating switch--- essentially the point where the call turns from analog to digital. If you get all your lines piped into your office via a T1, then you are in control of the device that sets the Caller ID name and number and can set it whatever you like.

Re:Does this mean...

[prockcore]

Nah, the real number is 202-456-1414 her name is Laura.

Re:Interesting

[Grendel70]

Feature: (n) - A bug with seniority.

Re:Does this mean...

[cerberusss]

Don't call this number, everyone! It's not his ex-girlfriend, it's his mother!