Reviews:
 ·Comcast
| Two problems with this law 1. Doesn't actually outlaw spoofing, ONLY spoofing with intent to defraud or deceive. Intent is the hard thing to prove. Good luck all you Attorney Generals out there.
2. Canada. No law. Many US telemarketers are already using Canadian telecom companies for this purpose. There are no laws in Canada covering CallerID spoofing. |
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| said by franknalco:1. Doesn't actually outlaw spoofing, ONLY spoofing with intent to defraud or deceive. Intent is the hard thing to prove. Good luck all you Attorney Generals out there. 2. Canada. No law. Many US telemarketers are already using Canadian telecom companies for this purpose. There are no laws in Canada covering CallerID spoofing. I agree on point 1, but I am glad that wording is in there. If not, the law could be interpreted to also outlaw sending alternate caller ID. For example, all of my VoIP lines are set to send the main number as the CID, despite them having different direct dial numbers. I like it this way.
Point 2, there just isn't anything the US Government can do about calls originating from another country. Just like they can't do anything about spammers who send from other countries. Despite our new "global economy", countries are still only allowed to govern themselves. |
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bt
join:2009-02-26
canada
kudos:1 Reviews:
 ·Start Communicat..
1 edit | reply to franknalco
said by franknalco:2. Canada. No law. Many US telemarketers are already using Canadian telecom companies for this purpose. There are no laws in Canada covering CallerID spoofing. Incorrect. From the CRTC's "Unsolicited Telecommunications Rules", Part III, Point 25:
"A telemarketer initiating a telemarketing telecommunication shall display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached (except where the number display is unavailable for technical reasons)."
Now, this may only apply to calls intended for Canadian phone numbers, but I know the Canadian laws still apply to calls originating from international sources if there is any Canadian business presence in the process at all. So if a Canadian company hires a US call centre to call Canadian numbers, the Canadian company is still liable for the US call centre's actions under Canadian law (at least as far as the telemarketing laws). Same goes for international companies with a Canadian presence. It won't stop people who are doing it for illegal purposes, but it does stop (otherwise) legitimate businesses who go overseas to try and get around the telemarketing laws.
I would not be surprised if the US law operates in a similar fashion. |
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fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | reply to franknalco
The point to the WHY they drafted this law was simple... I really doubt "Helga Smith" was calling me to sell a vehicle warranty or credit card debt consolidation to me. The intent to deceive is very clear in the eyes of the law. A "for business" venture randomly assigned someone else's phone number and caller ID name in order to deceive you into thinking you were answering a call from someone that it wasn't so they could engage in a business transaction. |
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Reviews:
·Comcast
| reply to bt
Since the Canadian law applies to telemarketers, or to those whose initial purpose of the call is to telemarket, I suggest this leaves a rather very large hole by which many spoofed calls may be delivered legally - even to your fellow countrymen. Further, according to Canadian company Spooftel.com, it is the self-acclaimed largest number spoofing company in the world. It is rather accepted knowledge here in the US that many telemarketers in the US use Canadian telecom providers (and often Canadian telemarketers) because of the low inter-country rates and tariffs for calls, and the failure of Canadian officials to aggressively pursue complaints against those Canadian companies. |
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Reviews:
·Comcast
| reply to bt
Since your law only applies to a telemarketer, or more specifically to those whose initial purpose of the call is to tele-market, that leaves a very large hole for spoofed CID calls to be delivered legally - even to Canadians. Perhaps that is why the canadian firm spooftel.com is the largest caller-id spoofing company in the world. And it is a fact that many US companies are hiring telemarketing and telecom providers in Canada for the ability to spoof cid to calls that terminate in the US without worry well into the future. And that is the point, I think. The new US law seems to apply only to calls that originate within the US. It is to be seen whether any American companies will be held liable for the tactics of a Canadian company they hire. |
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