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bt

join:2009-02-26
canada
kudos:1
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reply to franknalco

Re: Two problems with this law

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.


franknalco

join:2005-01-27
Littleton, CO
Reviews:
·Comcast

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.



franknalco

join:2005-01-27
Littleton, CO
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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