[asterisk-biz] The Canadian Anti-Fraud Centre Demands DID Disconnected: Is that legal?

[Peter Beckman]

So one of my carriers today informed me that they had disconnected one of
my DIDs. They got a letter from the "Canadian Anti-Fraud Centre" that said
that someone complained about a call they received from that DID and that
they should disconnect it.

Here's the letter.

     "Good morning,

     Please find below telephone number(s) that have been reported to the
     Canadian Anti-Fraud Centre (CAFC) The CAFC is a police run centre that
     collects complaint information with regard to fraud. The CAFC is
     working with numerous telephone service providers to advise when
     suspected fraudsters are using their company to facilitate a criminal
     offence - fraud. It is important to note that it is a Criminal Offence
     contrary to Section 140 of the Criminal Code of Canada to make a false
     complaint to the police.

     The attached information provides your company notice that the
     telephone number(s) is subject of a fraud report. It is being provided
     to your company as our report indicates it is being used for unlawful
     purposes and as such may be in contravention of your terms of services.
     We are asking that if you deem it is being used for an unlawful purpose
     (fraudulent activity) that consideration be made to terminate the
     number.

     This information is being supplied to your company and is intended
     solely for the addressee. It is not to Be Reclassified, Copied,
     Reproduced, Used in Whole or Part or Further Disseminated, Without the
     Consent of the Originator.

     CAFC - [Some six digit number] [Carrier Name] [DID In question]

     Fraud Analyst / Analyste de fraude
     Canadian Anti-Fraud Centre / Le centre antifraude du Canada
     Royal Canadian Mounted Police / Gendarmerie royale du Canada

     Fraud…Recognize It…Report It… Stop It

     This email and any attachment it includes is subject to third party
     rule. It is not to Be Reclassified, Copied, Reproduced, Used in Whole
     or Part or Further Disseminated, Without the Consent of the
     Originator."

First off, the CAFC used to be called "PhoneBusters"[1] and was started by
a citizen, Barry Elliott, in January 1993[2]. They don't do investigations,
just accept complaints[3].

Additionally, they don't even include the complaint, just that someone
complained. Is getting someone's phone service turned off as easy as a
single complaint to the CAFC and the telecom carriers bend over?!?

As a US-based carrier, unless I get a judge-signed subpoena and verify it
with my legal representative, I don't do anything. I don't even attempt to
judge what my customers are doing with their phone numbers, because if I do
for just one call or one customer I open my business to legal liability for
EVERY CALL and EVERY CUSTOMER.

According to the Telecommunications Act of Canada[4]:

* Except where the Commission approves otherwise, a Canadian carrier shall
   not control the content or influence the meaning or purpose of
   telecommunications carried by it for the public.

* No Canadian carrier shall, in relation to the provision of a
   telecommunications service or the charging of a rate for it, unjustly
   discriminate or give an undue or unreasonable preference toward any
   person, including itself, or subject any person to an undue or
   unreasonable disadvantage.

Has anyone else had their carrier shut off DIDs based on a non-verified
consumer complaint? `

[1] http://en.wikipedia.org/wiki/Canadian_Anti-Fraud_Centre
[2] http://www.antifraudcentre-centreantifraude.ca/english/cafc_aboutus.html
[3] http://www.antifraudcentre-centreantifraude.ca/english/stopit_faq.html#investigate
[4] http://www.canlii.org/en/ca/laws/stat/sc-1993-c-38/latest/sc-1993-c-38.html

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Peter Beckman                                                  Internet Guy
beckman at angryox.com                                 http://www.angryox.com/
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