AnonyMary
Formerly Fooled - Finally Free
The FCC Notice of Proposed Rulemaking (NPRM ) seeks comments on their proposed rules to implement the Truth in Caller ID Act of 2009 (Truth in Caller ID Act, or Act), signed into law on December 22, 2010. This would effect direct and third party users of misleading Caller IDs, with certain exceptions.
Many times calls made on behalf of Scientology are done using no caller ID or an inaccurate one in their telemarketing calls. Sometimes personal cell phones are used via FSMs. All these annoying and often times harassing calls usually are treated as being under the protections of FCC rules for non-profit organizations. It's frustrating that nothing gets done about them. Now there is a new avenue being opened because of the Truth in Caller ID Act which was will help in getting the church sanctioned for not showing accurate Caller ID. This would apply to any callers misusing Caller ID. The below article explains it better. Below that, the link to the FCC full proposal. Your comments to the FCC are important, which ever way you feel about the fines and who gets them.)
FCC Wants to Stop Caller ID SpoofingCourthouse News Service Monday, March 28, 2011Last Update: 10:02 PM PT
WASHINGTON (CN) - The Federal Communications Commission is implementing a provision of the Truth in Caller ID Act that prohibits caller ID spoofing with the intent to defraud, cause harm or wrongfully obtain anything of value. Caller ID spoofing enables a caller to use a caller ID that is not accurate to gain an advantage over the person who answers.
The proposed rules exempt "any authorized activity of a law enforcement agency," "court orders that specifically authorize the use of caller identification manipulation," and "lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state or a political subdivision of a state, or of an intelligence agency of the United States."
The agency requests comments on whether penalties for violation of the rules should be assigned only to the caller, or also to third-party providers who do not take actions that may prevent the caller from engaging in the ruse. Penalties for violation of the rules will be determined based on balancing factors that include "the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require," according to the proposed rule.
The Truth in Caller ID Act and the proposed rules do not require "willful" or "repeated" violations to justify imposition of a penalty. Penalties are not to exceed $10,000 for each violation, or three times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation is not to exceed a total of $1 million for any single act or failure to act, under the law and proposed rules.
The agency also seeks comments to assist in preparing a statutorily required report to Congress on whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in successor or replacement technologies to telecommunications services or IP-enabled voice services.
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Federal Communications Commission FCC 11-41
Before the Federal Communications Commission
Washington, D.C. 20554
In the Matter of Rules and Regulations Implementing the
Truth in Caller ID Act of 2009
)
)
)
)
WC Docket No. 11-39
NOTICE OF PROPOSED RULEMAKINGAdopted: March 9, 2011 Released: March 9, 2011
Comment Date: April 18, 2011
By the Commission:
I. INTRODUCTION
1. In this Notice of Proposed Rulemaking (NPRM), we seek comment on proposed rules to implement the Truth in Caller ID Act of 2009 (Truth in Caller ID Act, or Act), signed into law on December 22, 2010.
[..] read on
http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0322/FCC-11-41A1.txt
Many times calls made on behalf of Scientology are done using no caller ID or an inaccurate one in their telemarketing calls. Sometimes personal cell phones are used via FSMs. All these annoying and often times harassing calls usually are treated as being under the protections of FCC rules for non-profit organizations. It's frustrating that nothing gets done about them. Now there is a new avenue being opened because of the Truth in Caller ID Act which was will help in getting the church sanctioned for not showing accurate Caller ID. This would apply to any callers misusing Caller ID. The below article explains it better. Below that, the link to the FCC full proposal. Your comments to the FCC are important, which ever way you feel about the fines and who gets them.)
FCC Wants to Stop Caller ID SpoofingCourthouse News Service Monday, March 28, 2011Last Update: 10:02 PM PT
WASHINGTON (CN) - The Federal Communications Commission is implementing a provision of the Truth in Caller ID Act that prohibits caller ID spoofing with the intent to defraud, cause harm or wrongfully obtain anything of value. Caller ID spoofing enables a caller to use a caller ID that is not accurate to gain an advantage over the person who answers.
The proposed rules exempt "any authorized activity of a law enforcement agency," "court orders that specifically authorize the use of caller identification manipulation," and "lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state or a political subdivision of a state, or of an intelligence agency of the United States."
The agency requests comments on whether penalties for violation of the rules should be assigned only to the caller, or also to third-party providers who do not take actions that may prevent the caller from engaging in the ruse. Penalties for violation of the rules will be determined based on balancing factors that include "the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require," according to the proposed rule.
The Truth in Caller ID Act and the proposed rules do not require "willful" or "repeated" violations to justify imposition of a penalty. Penalties are not to exceed $10,000 for each violation, or three times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation is not to exceed a total of $1 million for any single act or failure to act, under the law and proposed rules.
The agency also seeks comments to assist in preparing a statutorily required report to Congress on whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in successor or replacement technologies to telecommunications services or IP-enabled voice services.
-----------------------------------------------
Federal Communications Commission FCC 11-41
Before the Federal Communications Commission
Washington, D.C. 20554
In the Matter of Rules and Regulations Implementing the
Truth in Caller ID Act of 2009
)
)
)
)
WC Docket No. 11-39
NOTICE OF PROPOSED RULEMAKINGAdopted: March 9, 2011 Released: March 9, 2011
Comment Date: April 18, 2011
By the Commission:
I. INTRODUCTION
1. In this Notice of Proposed Rulemaking (NPRM), we seek comment on proposed rules to implement the Truth in Caller ID Act of 2009 (Truth in Caller ID Act, or Act), signed into law on December 22, 2010.
[..] read on
http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0322/FCC-11-41A1.txt