FCC Issues Rule on Caller ID Legislation

The Federal Communications Commission has issued the final rule implementing the "Truth in Caller ID Act."
Summarizing the rule, the Commission said:

"we adopt rules that prohibit any person or entity in the United States, acting with the intent to defraud, cause harm, or wrongfully

obtain anything of value, from knowingly causing, directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information."'

Earlier this year NCISS filed official comments with the Commission in order to preserve the right to use "spoofing" for legitimate investigative purposes.

Several groups, including NCISS, urged that the FCC make clear that certain lawful activities are not covered by the Act. However, the Commission argued it was unnecessary:

"We decline to adopt any other exemptions from the Act. Commenters have proposed a number of additional exemptions, all of which cover practices that, as described by the commenters themselves, would not violate the plain language of the Act. Some commenters assert that absent additional exemptions, the rules might be misinterpreted to prohibit normal and helpful business practices, such as those designed to facilitate communications with customers. As a result some commenters ask for broad exemptions to the Act. "

The FCC went on to discuss requests for exemptions:

"Companies that provide call management services to telemarketers and debt collectors have also asked the Commission for an exemption allowing manipulation of caller ID information so that a call recipient's caller ID displays a local number, regardless of where the calling party is located.... a private investigator requests that the Commission include an exemption for lawful use by licensed private investigators. We do not find any of these exemptions to be necessary or appropriate."

The FCC concluded:

"The legislative history of the Act makes clear that manipulation or alteration of caller ID information done without the requisite harmful intent does not violate the Act. Nothing in our implementing rules changes that fact."

NCISS opposed an earlier House version of the bill which would have restricted the use of spoofing with the "intent to deceive", which would have effectively banned spoofing by investigators.


Keeping the profession informed,