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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!news.acns.nwu.edu!telecom-request
- Date: Sun, 22 Nov 92 12:49:55 EST
- From: andys@internet.sbi.com (Andy Sherman)
- Newsgroups: comp.dcom.telecom
- Subject: Re: Is Caller-ID an Illegal Trap and Trace?
- Message-ID: <telecom12.870.1@eecs.nwu.edu>
- Organization: TELECOM Digest
- Sender: Telecom@eecs.nwu.edu
- 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 870, Message 1 of 7
- Lines: 50
-
- > [ Description of section in the Electronic Communications Privacy
- > Act that makes trap-and-trace devices 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.").
-
- Do note that the decisions about Caller ID in the various states
- *only* apply to calls which are *not* in interstate commerce, since
- the state utility agencies and courts have no jurisdiction to allow or
- disallow Caller ID on interstate calls.
-
- > I'm waiting for some slick attorney who has a client who was caught
- > with a Caller-ID box raise ECPA to not only have the evidence of calls
- > excluded, but have the victim charged with a civil suit of violating
- > the ECPA for installing an illegal trap and trace device without a
- > court order, which if I remember, ECPA allows civil damages as high as
- > $10,000.
-
- First off, since Caller ID is only available for in-state calls, the
- slick attorney would need a dunce for a judge to succeed. But
- further, anybody who used a Caller ID service which was tariffed by
- the phone company and approved by the state would have the defense of
- having in good faith acted in accordance with state and local law.
-
- Meanwhile, I'm surprised you don't mention a potential conflict
- between 800 number ANI delivery by inter-exchange carriers and the
- ECPA. Since the FCC has approved the service I assume that delivery
- of the calling number to the party accepting a collect call (which is
- the legal description of ANI delivery to an 800 subscriber) does not
- constitute trap and trace since the party getting the number is the
- party paying for the call.
-
- Pat, I suspect that it's time for this thread to move to the privacy
- list, but, hey, you're the editor. :^)
-
-
- Andy Sherman
- Salomon Inc - Unix Systems Support - Rutherford, NJ
- (201) 896-7018 - andys@sbi.com or asherman@sbi.com
- "These opinions are mine, all *MINE*. My employer can't have them."
-
-
- [Moderator's Note: Every once in a while, an article on Caller-ID and
- 'privacy' comes along; I should know by now there is never going to be
- any consensus. We'll have two more replies, then that's it. PAT]
-
-