Today The US Senate Committee on Commerce, Science, and Transportation has passed S.704, a bill that would make it illegal for anyone within the United States to spoof their caller ID, “with misleading or inaccurate caller identification information…in connection with any telecommunications service or IP-enabled voice service.”
The bill specifically exempts law enforcement and provides a loophole for court orders that specifically authorizes the use of caller identification manipulation.
As an owner of a growing VoIP provider, it is not an easy task to determine when (or if) a customer is spoofing their callerid. What makes it even more difficult is to determine if the calling party numbers are ‘misleading or inaccurate’.
Who is responsible for determining if a caller id value is misleading or inaccurate? How will this new legislation be enforced? Unless there is a complaint, how will anyone even know that someone has spoofed their caller id?
I am no lawyer, but my understanding of S.704 does not define anything more than the simple act of being misleading or inaccurate with regard to the setting of your calling party number.
While this legislation seems to be targeting the users, what about the carriers and providers? Will they be held liable for their customer’s actions?
Exactly who is held liable for the transmission of ‘misleading or inaccurate’ Caller ID value must be defined in any new legislation.
If you are at all concerned about this bill, please call Senator Nelson’s office at (202) 224-5274 or even better Email Senator Nelson.
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