[asterisk-biz] ANI

[Trixter aka Bret McDanel]

On Thu, 2008-05-29 at 18:40 -0400, Charles Vance wrote:
> each of those scenario's involve either fraud or intent to do harm and
> are already prohibited

`(1) IN GENERAL- It shall be unlawful for any person within the United
States, in connection with any telecommunications service or VOIP
service, to cause any caller identification service to transmit
misleading or inaccurate caller identification information, with the
intent to defraud or cause harm.

emphasis on "intent to defraud or cause harm" so even with this law
nothing really changes.


Although this is not the first attempt, its a new bill that is basically 
the same as the 2006 one, what passed was the 2007 one introduced Jan 
5 2007.

It generally will do nothing, and places no burden on voip providers on 
its face, although the courts at a later date may decide that providers 
have to take responsibility for their customers.  The person also has to 
be in the united states, which provides an interesting loop hole for a call 
center in say india.  

The intent to defraud or cause harm will be assumed for grand jury hearings,
only to be disputed in trial.  That is the way with intent more often than not.
It will be difficult to say that people are doing this with intent before they
do anything else, as a result the law wont stop anything, nor will it 
help much in terms of getting warrants to search before someone actually
does something, its yet another law to make people feel good about paying
the legislature for doing nothing.  Much like the florida law.  




> 
-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
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