FCC chairwoman: Fines alone aren't enough (Robocalls)
John Levine
johnl at iecc.com
Fri Oct 7 01:31:34 UTC 2022
It appears that Matthew Black <Matthew.Black at csulb.edu> said:
>-=-=-=-=-=-
>This might have been what I read years ago:
>
>Teltech Systems Inc. v. Bryant, 5th Cir., No. 12-60027
No, that just said that federal law preempts a Mississippi state law
that purported to regulate Caller ID.
The federal law in 47 USC 227(e) says:
(1)In general
It shall be unlawful for any person within the United
States, or any person outside the United States if the recipient is
within the United States, in connection with any voice service or text
messaging service, to cause any caller identification service to
knowingly transmit misleading or inaccurate caller identification
information with the intent to defraud, cause harm, or wrongfully
obtain anything of value, unless such transmission is exempted
pursuant to paragraph (3)(B).
In (3)(B) is a narrow carve-out for law enforcement and court orders.
The important point is that spoofing is illegal with fraudulent
intent, OK with benign intent.
R's,
John
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