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- Path: sparky!uunet!stanford.edu!ames!sun-barr!lll-winken!telecom-request
- From: bharrell@garfield.catt.ncsu.edu (Ben Harrell)
- Newsgroups: comp.dcom.telecom
- Subject: Re: Is Caller-ID an Illegal Trap and Trace?
- Message-ID: <telecom12.859.1@eecs.nwu.edu>
- Date: 18 Nov 92 00:59:37 GMT
- Sender: Telecom@eecs.nwu.edu
- Reply-To: cmebh01@nt.com (Ben Harrell)
- Organization: Computers and Technologies Theme Program-NCSU-NC
- Lines: 58
- Approved: Telecom@eecs.nwu.edu
- X-Submissions-To: telecom@eecs.nwu.edu
- X-Administrivia-To: telecom-request@eecs.nwu.edu
- X-Telecom-Digest: Volume 12, Issue 859, Message 1 of 7
-
- FZC@CU.NIH.GOV writes:
-
- > I would like to point out something that I noticed more than a year
- > ago when I was wading through the Electronic Communications Protection
- > Act, the law that (it is claimed) makes it illegal to intentionally
- > listen to a cellular phone. I noticed another thing which I noted,
- > and no one seemed to dispute.
-
- > According to the ECPA, a "trap and trace device" is a device that is
- > used for the purpose of picking up someone's phone number who is
- > calling the line the T&T is on, is illegal without a court order.
-
- > If this is a correct interpretation, it means that the decisions in
- > various states about Caller-ID are all irrelevant since this Federal
- > law has made any caller ID box illegal (except for calls which are not
- > "in interstate commerce.").
-
- Trap and trace laws generally (in the great majority of states) and in
- the FCC have been interpreted to mean that a device is illegally
- "tapped" into a line, usually without the knowledge of the party whose
- line is being tapped, for the purpose of "trapping" originating dialed
- digits and "tracing" terminating calls to their originating directory
- number.
-
- CLASS CLID, ISDN CLID, and 800/900 ANI do not fit this definition
- because 1) there is no "tapping" with illegal devices going on (it is
- an inherent network capability), and 2) it is always done with the
- full knowledge and consent of the telephone company and the
- terminating service subscriber in the form of a "payment for service
- rendered", and 3) the legality of the ANI delivery by AT&T, MCI, and
- Sprint to 800/900 customers (which they have been doing for several
- years) on inter-LATA calls has NEVER been questioned.
-
- I do understand that ANI is technically the "billing" number, whereas
- CLID is technically the "originating" number, but for most residential
- and single line business customers these two numbers are one and the
- same.
-
- Also, I would like for someone to explain to me the conceptual
- difference between someone calling me and someone knocking on my door.
- Unless I know who is on the other side of that door, I'm not likely to
- answer it, and if I do I'm going to be very careful about it. In the
- entire history of telephony, I having had that capability. But now
- with CLID, I do. I understand that battered spouse shelters,
- undercover policemen, etc. need protection, but for the average person
- or business, why is CLID any different "personal privacy" wise to my
- going and knocking on my neighbors door. Why would I expect him/her
- to answer that door, if he doesn't recognize me or my voice?
-
- I know that I don't have to tell him/her were *I* live, but I just
- don't see the difference and don't understand what people get so upset
- about with CLID. Maybe I'm just dense.
-
-
- Ben Harrell
- cmebh01@nt.com ...........<business>
- bharrell@catt.ncsu.edu ...<personal>
-