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

[Rick Orford]

Hi,

We've had this already a few times… its not an easy one!

--

Regards,

Rick Orford

ComCanada Communications Inc.
www.comcanada.ca
Tel: (604) 998-4500 *x6008*
Fax: (604) 998-4501



On Wed, Jun 4, 2014 at 9:41 AM, Peter Beckman <beckman at angryox.com> wrote:

> 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
>
> ------------------------------------------------------------
> ---------------
> Peter Beckman                                                  Internet Guy
> beckman at angryox.com
> http://www.angryox.com/
> ------------------------------------------------------------
> ---------------
> --
> _____________________________________________________________________
> -- Bandwidth and Colocation Provided by http://www.api-digital.com --
>
> asterisk-biz mailing list
> To UNSUBSCRIBE or update options visit:
>    http://lists.digium.com/mailman/listinfo/asterisk-biz
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.digium.com/pipermail/asterisk-biz/attachments/20140604/ac0b0594/attachment.html>