Aiding and Abetting Criminal Activity

That’s what our phone companies are doing. It is an offence to harass people. It is fraud to entice people into believing that they have money due to them when the caller has no evidence that that is the case. It is an offence to hold people’s data without their permission. It is fraud to lie to persuade people to reveal their personal information. According to a government task force, a BILLION of these crimes are committed every year, with the assistance of our phone companies.
Our telecoms companies are making money out of these crooks, one way or another. They are certainly making no effort to prevent their infrastructure being used for criminal activity, despite being fully aware of the scale of what is going on. All we get is mealy mouthed platitudes recommending that we take actions which are either unfeasible or ineffective. Let’s get a few facts straight on just how useless these recommendations are.

  • Register with TPS? It’s a waste of time.
    • TPS doesn’t actually do anything with complaints
    • The crooks ignore TPS anyway
  • Block callers?
    • The crooks are spoofing numbers so blocking one number has little effect
  • Don’t answer if the number is withheld?
    • There are, unfortunately, some genuine companies which call from withheld numbers, ignoring good customer service for their own administrative convenience
  • Don’t answer if you don’t recognise the number?
    • Few if any people have complete knowledge of all the numbers they could be called from, whether personal or business. A child whose phone battery is dead could borrow a friend’s phone to call so no parent can afford to ignore unknown numbers. A friend can change phone number. A business contact could call from a landline when you only have their mobile number recorded. There is a host of reasons why a call from an unknown number could be both valid and important.

There are various reporting mechanisms – the ICO, Action Fraud, TPS, Ofcom, to name but a few. All those websites are badly designed. Their automated responses are uninformative and, in the case of Action Fraud, hide the content of their response in a dubious looking attachment. There is little if any evidence of any use being made of the information provided by these routes.
It would not be unreasonable to expect phone companies to make significant and meaningful effort to prevent their infrastructure being used to harass people, commit large scale fraud, and commit widespread identity theft. It would not be unreasonable to expect legitimate organisations not to behave in a way which emulates crooked behaviour.
Here are a few suggestions for the Nuisance Call Task Force.

  • Make it an offence to spoof a number
  • Make it an offence to deliver a call with a spoofed number
  • Make it an offence for a commercial organisation to withhold their number
  • Make it an offence for any organisation to sell or give away the personal details they collect
  • Limit the period for which an organisation can retain personal details and use them for sales and marketing
  • Create a single, simple, effective means of reporting the numbers used by scammers
  • Use the scammer reporting facility to create and maintain a single database of numbers recognised as being used by scammers
  • Make the database publicly visible
  • Flag numbers which are consistently being used in a criminal manner – say after 10 reports of the number as one which makes scam / harassing calls
  • Make it an offence for a phone company to issue the scamming number to anyone
  • Make the ban on reissue of scammer numbers meaningful – say a 10 year ban on their reissue
  • Make use of existing legislation to prosecute scammers for harassment as well as data protection and telecoms offences
  • Hold the directors of those companies responsible – directors of the calling company, its parent company, and any company on whose behalf it makes outbound calls
  • Since the crimes are being committed in this country in the homes of those being called, ignore the country of residence of those responsible for the scams and arrest any responsible directors who set foot in this country
  • Recognise that it is individuals who are responsible for encouraging / permitting these crimes and hold all directors responsible and liable to prosecution
  • Set penalties so that they automatically include both default and a significant fine

So why does the DeliveryDemon thinks this would work?

  • It will create an incentive for phone companies to take responsibility for the way in which they allow their infrastructure to be used
  • It would prevent genuine customers from being issued with numbers which people have blocked because the numbers were being used for scam calls
  • It would prevent banks from grooming their customers to give away security information to people who call them – for over a decade banks’ cavalier attitude to customer security has been demonstrated time and again when they make outbound calls to customers and proceed to ask for passwords and other sensitive information
  • It would encourage organisations to start to take data protection seriously
  • It would do away with the loophole which allows all the enforcement organisations to abdicate responsibility for scam calls originating overseas
  • A mandatory penalty of imprisonment would prevent those responsible from buying their way out of loss of liberty
    Significant fines for every offence would start to undermine the business model which makes scam calls profitable.

Let’s face it, we are talking of 32 crimes every second of every day. If our politicians and legislature and police and regulators aren’t prepared to take this seriously, the DeliveryDemon wonders what the hell we pay them for.

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