Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls

Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls

August 12, 2019
Federal Communications Commission: Progress Protecting
Consumers from Illegal Robocalls
Robocalls are the top complaint received by the Federal
Caller ID information they are transmitting to disguise their
Communications Commission (FCC) and a consistent
identity. One way to help consumers recognize spoofing
congressional concern. In 2016, the FCC received 150,000
and identify scams is to verify who is calling through Caller
robocall-related complaints; in 2018, it received 232,000.
ID authentication. The telecommunications industry has
been working on a framework of protocols, called
A robocall, also known as “voice broadcasting,” is any
Signature-based Handling of Asserted information using
telephone call that delivers a pre-recorded message using an
toKENs (SHAKEN) and Secure Telephony Identity
automatic (computerized) telephone dialing system, more
Revisited (STIR), to ensure the accuracy of the Caller ID
commonly referred to as an automatic dialer or
information. Once fully implemented, SHAKEN/STIR is
“autodialer.” Robocalls are popular with many industry
expected to reduce the effectiveness of illegal spoofing and
groups, such as real estate, telemarketing, and direct sales
enable the identification of illegal robocallers. In November
companies. The majority of companies who use robocalling
2018 and February 2019, FCC Chairman Ajit Pai sent
are legitimate businesses, but some are not. And those
letters to telecommunications providers setting an end-of-
illegitimate businesses may not just be annoying
2019 deadline for the industry to adopt the SHAKEN/STIR
consumers—they may also be trying to defraud them.
framework.
Despite the fact that most robocalls being made are illegal,
Call Traceback
the number of robocalls continues to grow in the United
Government authorities use the call traceback process to
States. In 2016, the YouMail Robocall Index reported that
identify the origination of suspect telephone calls or text
an average of 2.4 billion robocalls were made per month.
messages. Call traceback involves using the specific
By July 2019, that figure was 4.7 billion. The all-time high
identifying characteristics of a call—date, time, Caller ID
was 5.2 billion in March 2019. (These figures include both
number, and dialed number—to track its routing from
legal and illegal robocalls.)
carrier to carrier. Caller ID spoofing makes it impossible to
identify the caller’s billing name and address based on the
The FCC and the telecommunications industry have both
Caller ID number. In November 2018, the FCC sent letters
taken steps to counter illegal robocalls. The
to voice providers asking them to assist industry efforts to
telecommunications industry has developed new
trace scam robocalls that originate on or pass through their
technologies and other tools to detect and block illegal
networks. Most providers affirmed their commitment to
robocalls. The FCC has taken steps to create a policy
participate, and five providers that had been uncooperative
environment in which those tools can be implemented. The
have since taken steps to participate going forward.
FCC has also expanded the scope of some existing rules
and continues to target and fine illegal robocallers. The
Reassigned Numbers Database
following provides a brief overview of the steps taken.
When a consumer cancels service with a voice provider, the
Call Blocking Initiatives
provider may reassign the number to a new consumer. If
callers are unaware of the reassignment, they can make
In November 2017, the FCC authorized
unwanted calls to the new consumer, unintentionally
telecommunications providers to block calls originating
violating the Telephone Consumer Protection Act.
from numbers that should not originate calls, or that are
invalid, unallocated, or unused, without violating call
In March 2018, the FCC proposed that one or more
completion rules. The telecommunications industry has
databases be created to provide callers with the
now widely implemented the blocking of numbers that
comprehensive and timely information they need to
should not originate calls, and numerous voice providers
discover potential number reassignments before making a
have implemented blocking of invalid, unallocated, and
call. In December 2018, the Commission authorized the
unused numbers. In December 2018, the FCC adopted a
creation of a reassigned numbers database to enable callers
declaratory ruling clarifying that wireless providers are
to verify whether a telephone number has been permanently
authorized to take measures to stop unwanted text
disconnected, and is therefore eligible for reassignment,
messaging as well as unwanted calls. The FCC has also
before calling that number, thereby helping to protect
encouraged companies that block calls to establish an
consumers with reassigned numbers from receiving
appeals process for erroneously blocked callers.
unwanted calls.
Caller ID Authentication
FCC Declaratory Ruling, June 2019
Illegitimate robocallers nearly always spoof their
On June 6, 2019, the FCC adopted a declaratory ruling,
originating number. That is, they deliberately falsify the
“Advanced Methods to Target and Eliminate Unlawful
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Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls
Robocalls.” The ruling empowers phone companies to
framework, if major voice providers fail to meet the end-of-
block suspected illegal robocalls by default (allowing
2019 deadline for voluntary implementation.
customers to opt-out) and asserts the FCC’s view that
carriers can allow consumers to opt-in to more aggressive
Measuring the Effectiveness of Robocall Solutions
blocking tools (white-listing). (For additional information
The FCC requested feedback on whether it should create a
on this topic, see CRS Legal Sidebar LSB10333, Robocall
mechanism to provide information to consumers about the
Regulation and Judicial Review.) Both these tools seek to
effectiveness of voice providers’ robocall solutions and, if
stop unwanted calls on the voice provider’s network before
so, how it should define and evaluate that effectiveness.
the calls reach the consumer’s phone.
The FCC also asked how it could obtain the information
needed for such an evaluation.
Call-Blocking Programs
Call-blocking programs have become more popular and
Other FCC Actions Related to Robocalls
effective in the past few years. There are numerous
Other FCC actions to fight illegal robocallers include
blocking tools for different platforms, and the number of
studies, continued enforcement actions, and implementation
available tools is growing. Many service providers only
of additional anti-spoofing rules.
offer these programs on an opt-in basis, limiting their
potential impact. Providing a call-blocking program as the
Reports on Deployment and Implementation of
default option can significantly increase consumer
Call Blocking and Caller ID Authentication
participation while maintaining consumer choice.
The FCC has initiated two internal reports on the
deployment status of technology solutions to eliminate
White-List Programs
robocalls, including the impact of call blocking on 911 and
White-list programs require consumers to specify the
public safety. The reports are planned to be finished in June
telephone numbers from which they wish to receive calls—
2020 and a follow up report in June 2021.
all other calls are blocked. Smartphones have provided a
new way to implement white-list programs, because they
The reports are to address the status of the availability to
store the consumer’s contact list. When the consumer’s
consumers of call blocking tools; any fees charged for the
contacts change, the white list can be updated. The
tools; the proportion of subscribers whose providers enable
declaratory ruling asserts the FCC’s view that nothing in
call blocking tools; the effectiveness of call blocking tools;
the Communications Act of 1934 or the FCC’s rules
and an assessment of the number of subscribers using call
prohibits a service provider from offering opt-in white-list
blocking tools. The reports are to assess the impact of FCC
programs.
rule changes to allow providers to block calls from phone
numbers on a Do-Not-Originate list and those that are from
FCC FNPRM, June 2019
invalid, unallocated, or unused numbers. Further, the
Also on June 6, 2019, in conjunction with the declaratory
reports are to include status information on the
ruling, the FCC adopted a third further notice of proposed
implementation of the SHAKEN/STIR framework.
rulemaking (FNPRM) on this topic. The FNPRM requested
feedback on several proposals: a safe harbor for providers
Continued Enforcement Actions
that implement blocking of calls that fail caller
Since January 2017, the FCC has imposed or proposed
authentication under SHAKEN/STIR, protections for
about $240 million in forfeitures against robocallers. One
critical calls, mandating Caller ID authentication, and
case involved an individual who made more than 96 million
measuring the effectiveness of robocall solutions.
illegal robocalls over three months. Another involved an
individual who conducted a large-scale robocalling
Safe Harbor for Call-Blocking Programs Based on
campaign that marketed health insurance to vulnerable
Potentially Spoofed Calls
populations. In both cases, the illegal calls also disrupted an
To ensure the effectiveness and integrity of the
emergency medical paging service.
SHAKEN/STIR authentication framework, the FCC
requested comment on proposed rules to allow voice
Extension of Robocall Ban to International Callers
providers, in certain instances, to block calls based on
In 2018, Congress amended the Communications Act of
Caller ID authentication.
1934 to include spoofing activities directed at U.S.
consumers from callers outside the United States and caller
Protections for Critical Calls
ID spoofing using alternative voice and text messaging
The FCC requested comments on whether it should require
services. To implement these amendments, the FCC issued
voice providers offering call-blocking to maintain a
rules in July 2019 that expand and clarify the act’s
“critical calls list” of emergency numbers that must not be
prohibition on the use of misleading and inaccurate caller
blocked. Such lists would include, for example, the
ID information.
outbound numbers of 911 call centers and other government
emergency outbound numbers. The blocking prohibition
Patricia Moloney Figliola, Specialist in Internet and
would apply only to SHAKEN/STIR-authenticated calls.
Telecommunications Policy
Mandating Caller ID Authentication
IF11290
The FCC requested comments on its proposal to mandate
implementation of the SHAKEN/STIR authentication

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Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls

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https://crsreports.congress.gov | IF11290 · VERSION 1 · NEW