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FCC Ups Penalties For Caller ID Spoofing
GovTechGuy writes "The FCC adopted new rules on Thursday that would significantly increase the penalties for individuals or organizations that alter their caller ID information to commit fraud or with other harmful intent. The new rules allow the FCC to fine violators $10,000 per violation plus more for every day it continues. Users can still change their caller ID info as long as it's not for fraud or harmful purposes."
So how exactly do they define fraud? Is it fraud it I make someone else's name show up to protect my privacy? Is a prank harmful to the other party?
Even if you threaten them with the death penalty.
After all, it's just phone calls. If there was oil at stake we'd send the Marines in a heartbeat.~
I've always wanted to spoof my number as "8008135".
The FCC missed the opportunity to stop this crime wave against, mostly, elderly semi-disabled seniors in their kitchens. The FCC could easily have said that a local phone company that "knows" (because of complaints or otherwise) it is delivering spoofed cid calls can be held liable. Instead, this lame rule perpetuates the current model -- the phone company gets paid for terminating calls, turns a blind eye, and large numbers of old people who have never even used a computer get whacked by spoofers.
Rather than parsing a sparse recitation of a press release, people wanting more information could always read the actual document justifying and implementing the new rules:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-100A1.pdf
I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
I have both lines of my cell phone account on the DNC list. Just because it's a cell phone doesn't mean you can't list your number on DNC.
So cell phones can't be put on a DNC or something?
Back when it first came around, they actually didn't have to be, since it was already illegal to make telemarketing calls to cell phones -- the one good thing about our telephonic overlords charging us for incoming calls: it was determined, like junk-faxing, to be 'cost-shifted' (I think... been awhile) advertising.
Nowadays with number portability and all, I imagine it would be much more difficult to keep track, though.
And in both cases, the ones who would ignore one set will ignore the other, and the rules about robodialing recordings to... The goddamn "This is cardmember services!" and "An important message from your auto dealership!" robo-scammers are the only marketers who call my cell these days (I don't even answer the landline anymore).
I get sometimes 3 or 4 calls in one day from "Account Services", a scam company that tries to get credit card info from people. I'm on the do-not-call list, and they sometimes even call my cell phone. They do robo calls and they spoof caller id. It's illegal in many different ways.
But I can't get the FCC to pay any attention to them, and I've tried.
They might as well up the penalties to $5 Trillion + death penalty. It doesn't matter. If you're not going to enforce it the actual penalty is irrelevant.
Do you have ESP?
There is a guy who makes over $100k/year by reporting people who call him. He purposefully signed up for the do-not-call, but then indirectly gets his names into calling lists. He doesn't request to be solicited, but he knows how certain companies abusively data mine phone numbers and gets his numbers in areas that aren't suppose to be shared, but are.
I guess when you report someone, you also get some of the money from the fine, or at least he did in his state.
reporting someone gets you no money. but, you can privately sue. and settle. If we're talking about the same guy, I think that's his process. If I recall, certain frequent offenders know him by name. he's a cost of doing business to them. it still works for them because he's a rarity.
Just because your number is in DNC registry don't mean squat, I am still regularly receiving unsolicited marketing calls (robocalls and human calls) on both land line and cell line (both of which are on DNC registry.) Yes, I get the urge to introduce the caller to my nail ridden 2x4 clue stick every time I get those calls too.
ELOI, ELOI, LAMA SABACHTHANI!?
http://edocket.access.gpo.gov/cfr_2010/octqtr/47cfr64.1200.htm
print that out read it and have it on you when you get one of these calls.
it begins
" (a) No person or entity may: (1) Initiate any telephone call (other
than a call made for emergency purposes or made with the prior express
consent of the called party) using an automatic telephone dialing system
or an artificial or prerecorded voice;
(i) To any emergency telephone line, including any 911 line and any
emergency line of a hospital, medical physician or service office,
health care facility, poison control center, or fire protection or law
enforcement agency;
(ii) To the telephone line of any guest room or patient room of a
hospital, health care facility, elderly home, or similar establishment;
or
(iii) To any telephone number assigned to a paging service, cellular
telephone service, specialized mobile radio service, or other radio
common carrier service, or any service for which the called party is
charged for the call.."
oh and just for fun it also includes this bit
"(4) Identification of sellers and telemarketers. A person or entity
making a call for telemarketing purposes must provide the called party
with the name of the individual caller, the name of the person or entity
on whose behalf the call is being made, and a telephone number or
address at which the person or entity may be contacted. The telephone
number provided may not be a 900 number or any other number for which
charges exceed local or long distance transmission charges."
i think most call centers will dump the call if you even breath 47CFR64.1200 (or invoke federal law)
Any person using FTFY or editing my postings agrees to a US$50.00 charge
This is worthless pandering. The fact is that there is no way for the receiver of a spoofed CID call to complain. The number on the Caller ID doesn't identify the caller, and the caller won't identify themselves. If you can't identify the caller, you can't complain. If you can't complain, the callers can't be held accountable. The system is broken, and therefore so are all the laws that assume the system is working. Fix the system first, then write new laws if they're needed.