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- FCC to Decide on BBS Blocking
- -----------------------------
-
- By Tara Sexton
-
- A complaint currently under review by the Federal Communications Commission
- could change the way long-distance companies handle bulletin-board systems.
-
- The complaint, brought against Teleconnect, a long-distance carrier in Cedar
- Rapids, Iowa, questions that company's right to block access to a number it
- suspected was being used fraudulently -- in this case, a bulletin-board
- system (BBS).
-
- Although the five national long-distance carriers polled by PC Week said
- they currently do not block lines to combat fraud, all agreed that such a
- practice is within their rights. It is now up to the FCC to decide if such
- blocking will continue.
-
- If the commission finds in favor of the phone companies, users may find
- themselves denied access to bulletin boards suspected of broadcasting
- illegal access numbers. ''This could set a precedent,'' said Cathy Ness,
- chief of the FCC's Informal Complaint Department, which is reviewing the
- case.
-
- ''Bulletin boards are more susceptible to fraud,'' said Robert Fox,
- corporate security director at U.S. Sprint in Kansas City, Mo. ''Access
- codes are sometimes advertised on them.''
-
- ''I know of no legitimate BBS that allows publication of access codes,''
- countered Ben Blackstock, a systems operator and a lawyer in Cedar Rapids.
- ''That kind of behavior is not tolerated.''
-
- ''BBSs are policed by their users, and the phone company has no right to
- block access to them because someone else is tampering with the service,''
- added John Oren, a systems operator for The Forum bulletin board in Cedar
- Rapids.
-
- Long-distance carriers, however, who see phone fraud as a
- $500-million-a-year problem, say that the Electronic Communications Secrecy
- Act of 1986 allows them to do ''whatever it takes to protect their networks
- from loss,'' Fox said.
-
- The legislation states that, ''phone companies can monitor, intercept and
- disclose lines for reasons of non-payment or illegal behavior.''
-
- The debate, then, centers around interpretation of the word ''intercept.''
-
- ''Intercept does not mean 'cut off' or 'block,' '' Blackstock said.
- ''Nowhere in that statute does it say that a phone company can arbitrarily
- block access to a line for whatever reason without due process.''
-
- ''There needs to be a consistency to the blocking,'' said The Forum's John
- Oren. ''Phone companies think that BBSs are impersonal computers, which they
- aren't. They're run by real people. Do you think they'd block access to
- IBM's lines if there was evidence of fraud?''
-
- ''Blocking is used to temporarily stop fraud so that it can be
- investigated,'' countered Rami Abuhamdeh, executive director of the
- Communications Fraud Control Association, in Dearborn, Mich. ''Customers
- should appreciate the blocking as a way of keeping their rates down.''
-
- System operators and others who use long-distance services said they hope
- the FCC will set up guidelines for phone companies to follow when handling
- cases of potential fraud.
-
- The complaint behind the current controversy was filed by James Schmickley,
- an engineer with Rockwell International in Cedar Rapids, who tried to dial a
- Waterloo, Iowa, bulletin board last April, only to discover that the line
- was being blocked by Teleconnect. The same thing occurred two months later
- when he tried to call a BBS in Barrington, Ill.
-
- Teleconnect's senior vice president and general counsel, Casey Mahon, told
- Schmickley that calls to the BBS were being blocked because of strong
- evidence indicating theft of the company's services was occurring through
- misuse of the access number.
-
- While the block on both bulletin boards has been lifted, Teleconnect
- maintains its right to block lines.
-
- ''If [Teleconnect] walks out the loser,'' said BBS operator Oren, ''it will
- affect all long-distance companies.''
-
-