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The solution is simple: make sure there is always someone responsible for a spam call. If I get a spam call, my phone provider should be liable as if they had
by heartbeats 7y ago
The solution is simple: make sure there is always someone responsible for a spam call.
If I get a spam call, my phone provider should be liable as if they had originated the call. If they got it from another provider, that provider should be liable to them, and so on and so forth. (This would be done by voluntary agreement; only the last mile should be a legal requirement)
All I would have to do is then to report my provider and get the fine. They would then have to chase down whoever connected it to them, and so on and so forth, until we reach Ivan's Shady VoIP Solutions Ltd., headquartered in the Cayman Islands. If they don't pay, no provider would want to peer with them.
- iso1631 7y agoWho defines a spam call?
- heartbeats 7y agoThe law. https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991 https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_...
- iso1631 7y agoSo your US telephone provider should be responsible for ensuring its customers follow Russian domestic law? Victim in Moscow receives call from caller in Utah. They complain to Russia Telecom, who complain to Sprint, who fine, or cut-off, Joe Bloggs in Salt Lake City? What evidence would the victim in Moscow need to provide?
- heartbeats 7y agoVictim in Moscow complains to Rostelecom. They provide whatever evidence Rostelecom or Russian domestic law requires. Rostelecom complain to Sprint, who now have two choices: 1. Pay the fine for letting their customers send spam calls to Russia. 2. Ignore it, and hope they don't get depeered by Rostelecom. If they choose the first option, they are faced with two new choices: 1. Stop the buck there, do not contact Joe, eat the loss. 2. Contact Joe and tell him to pay them $100 or get cut off. This would lead to a self-regulatory process: bad actors would get depeered from the retail phone network, so scammers could only call other scammers. EDIT: To clarify, Sprint wouldn't have any legal/criminal responsibilities here, everything beyond the last mile is purely voluntary, but they might have a contract with Rostelecom. If Sprint choose the second option, Rostelecom might be able to sue them in the Kansas courts for breach of contract.
- iso1631 7y agoI'm just trying to work this out Someone from Kansas rings someone in Russia. Rostelecom claim this breaks Russian law (say Rostelecom claims they discussed a gay pride event or whatever). Sprint and Rostelecom have a contract which means that Sprint have to pay $1 million because Rostelecom claim something bad has happened. Sprint cut off the PITA customer in the states as it's cheaper that way. Why would Sprint sign that contract?
- heartbeats 7y agoBecause otherwise Rostelecom won't peer with them.
- iso1631 7y agoWhy would I peer with a company that promises unlimited liability governed under foreign law? It wouldn't be good enough to have expertise of the law of 190 countries on staff, there's all the smaller jurisdictions that can come into play. Will I be bound by a local bylaw in oregon county misouri?
- heartbeats 7y agoBecause your customers would like to call customers of that company. If they would not, you have no reason to peer with them. If their laws are too arduous to comply with, they would simply be disconnected from the phone network. > Will I be bound by a local bylaw in oregon county misouri? That depends on whether Oregon County, Missouri has the "cell carriers are liable for spam calls" rule. If it's just a federal law like the current ones, no.