What You Need to Know About Caller ID Spoofing and the Law

In the latest news about caller ID spoofing legislation, the U.S. House Energy Commerce Committee advanced a bill meant to prevent telephone advertisers from duping citizens into answering telemarketing phone calls by hiding their phone numbers using caller ID spoofing systems. This legislation is called “The Truth in Caller ID Act of 2009,” and is headed to the U.S. House of Representatives for a vote. While many professionals use caller ID spoofing for legitimate business purposes (such as a lawyer who wants to return a client’s call from their cell phone without disclosing their personal number), enough advertisers have attempted to mislead citizens by using false caller ID information that legislation has been deemed necessary. However, lawmakers are doing their best to keep caller ID spoofing services intact for the businesspeople and private citizens who use them for legitimate purposes. Of course, law enforcement and agents of national security are exempt.

This might have you wondering if there are any other laws on the books regarding call spoofing. The most important thing to know is that caller ID spoofing is absolutely legal; however, a few restrictions do exist regarding its use. Several states have passed laws similar to the federal bill, and these laws intend to keep caller ID spoofers from deceiving or defrauding telephone call recipients. Generally speaking, though, caller ID spoofing for the sake of a joke, prank, or even revenge is legal, as long as the phone calls don’t start to border on harassment. Most caller ID spoofing services offer recording capabilities; it is worthwhile to note that in many states recording a phone call without the express consent of all parties is illegal.

Another use for caller ID spoofing that is not technically illegal, even if it is morally questionable, is voicemail hacking. The process works by using the cell phone number you are dialing as your spoofed ID, tricking the cell phone into thinking it is calling itself. Cell phone voicemail systems which have the password protection disabled are the most vulnerable to voicemail hacking. There have been many high profile voicemail hacks, including the voicemails of tabloid queens Lindsay Lohan and Paris Hilton. Again, what might simply be a little harmless (and legal) investigative action becomes illegal if it crosses into harassment territory. One high profile example involves a fashion house publicity director named Ali Wise, who used her Spoofcard to hack into her rivals’ voicemails and delete messages over 700 times. She faced numerous counts of eavesdropping, computer trespass and tampering, stalking, and aggravated harassment.

Then there are the obvious misuses of caller ID spoofing. Known as “swatting,” there have been some pranksters who have taken their jokes much too far by sending SWAT teams to various addresses using caller ID spoofing services. “Pranks” like this result in jail time, since the spoofing service will hand over the account holder’s information to law authorities as soon as it’s asked. Of course, using caller ID spoofing services for obvious illegal activities such as fraud or information phishing will also most likely result in intervention by law enforcement.