The Wired Competition Bureau (the “Office”) of the Federal Communications Commission (the “Commission”) issued an initial triennial report (the “Report”) on the effectiveness of the technology used in the STIR/SHAKEN Caller ID Authentication Framework. ), the STIR/SHAKEN framework is effective in authenticating calls when applied correctly. Under the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”), the Commission will evaluate the effectiveness of STIR/SHAKEN technology within three years from December 30, 2019 of the TRACED Act. A report had to be submitted to Congress. , on the effective date and every three years thereafter. The TRACED Act also requires the Commission to consider whether it would be in the public interest to revise or replace the STIR/SHAKEN framework, based on the effectiveness assessment of the report.
The report evaluated the effectiveness of STIR/SHAKEN using the “how well it works” criterion. [the STIR/SHAKEN framework] Enables authentication of caller ID information. The Secretariat reached its conclusion by reviewing the records prepared in response to her August announcement of the Secretariat, previously reported.The report says the record is “strongly supportive”[ed]The agency’s assessment that the STIR/SHAKEN framework, despite its relatively recent implementation, “has proven to be very successful in authenticating caller ID information for providers that have implemented it.” [it] on their network. The report argues that the effectiveness of STIR/SHAKEN will continue to improve over time as more providers fully implement the technology, citing “significant support among stakeholders.” ” is pointed out. Therefore, the Secretariat also concluded that it is premature to consider revising or replacing the STIR/SHAKEN framework.
In a declaratory award and review order (“the award”), the Commission clarified what callers who place non-commercial robocalls to residential numbers can obtain. Also Express Consent or Express Written Consent. In addition, the European Commission has confirmed the Telephone Consumer Protection Act 2020 (“TCPA”) exemption order limiting non-commercial robocalls to a maximum of three times in a 30-day period. Both of these rules had been challenged by petitions for reconsideration.
By way of background, in December 2020 the Commission adopted new rules limiting non-commercial robocalls made without consent to three calls in a 30-day period. reported). Previously, there were no restrictions on these calls. In adopting these new rules, the Commission appeared to have made a drafting error requiring callers to obtain advance express mail when making informative robocalls. written Agree to exceed the 3-call limit. However, under TCPA and Commission rules, informational calls generally require only prior express consent. as a result, Several industry group It called for clarification and reconsideration of the committee consent requirement and three-call limit.
In response to these requests, the Commission ruled that it “didn’t mean to ask for it.” [] The caller obtains consent only in writing. . . [W]fix [the rule] Clarify that consent for informational (ie, non-telemarketing) calls to residential numbers can be obtained orally or in writing, consistent with long-standing Commission rules and precedents. As a result of the ruling, a caller sending information to a housing number can make three calls to her without consent, but any additional calls must be made with prior express consent. I have.
With respect to the three-call limit, the Commission determined that “the adoption of the numerical limit satisfies the requirements of the TRACED Act.” [and] Residential Exemption will be “along” exempted calls to wireless numbers, including numerical limits on the number of calls that can be made. Further, the Commission denied petitioner’s First Amendment challenge to the call restrictions, stating: Life—thus meeting rigorous First Amendment scrutiny. ”
The validity of the Commission’s rules has been suspended indefinitely.However, the judgment Federal Gazettecallers must comply with the European Commission’s 3-call limit by 20 July 2023.
In response to a nationwide robocall campaign targeting homeowners, the Bureau of Enforcement announced that Twilio client PhoneBurner Inc. (“PhoneBurner”), MV Realty PBC, LLC (“MV Realty”), Company.
Law Enforcement has issued a public notice (also known as a K4 notice) directing all US-based voice service providers to effectively mitigate apparently illegal traffic from PhoneBurner and MV Realty . The notice instructed all U.S.-based voice service providers to promptly investigate the suspected traffic (details are provided in a separate sheet attached to the notice). However, under the limited waiver adopted by the Bureau of Enforcement, the providers determining PhoneBurner and MVRealty: is not client do not do Findings must be reported (commission rules generally require all providers to report findings). Providers who are required to submit reports (i.e. those for which PhoneBurner and MVRealty are customers) must do so by February 7, 2023.
In connection with this, the Department of Law Enforcement issued a cease and desist letter to Twilio ordering it to investigate and take action to address illegal traffic from PhoneBurner and MVRealty. The Bureau of Enforcement found Twillio originating illegal traffic on behalf of his PhoneBurner. The letter to Twilio explains that when confronted with the findings of the investigation, Twilio told law enforcement agencies and an industry traceback consortium that PhoneBurner obtained consent from the called party. However, neither Twilio nor his PhoneBurner have provided proof of that consent.
alike Before Twilio will notify the Enforcement Agency and the Traceback Consortium of any mitigation actions taken within 48 hours after receiving a letter of suspension, and within 14 days of any action taken to prevent future illegal traffic on its network. must be reported (February 7, 2023). The letter also warns Twilio that all US-based voice service providers will be allowed to block. all Traffic from Twilio fails to comply with letter requirements.
Noting that Twilio is by far the most prominent and largest provider to receive an Enforcement Service suspension notice, Enforcement Director Loyaan A. Egal said: Service Provider’s Business Practices. It’s disturbing to see such a large provider allowing this kind of traffic on their network. ”
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