Robocalls Are Annoying. Eroding Privacy Is Not the Right Way To Stop Them.

The Federal Communications Commission (FCC) wants to stop pesky robocallers, but its proposed fix might make it extremely difficult for Americans to have burner phones. 

FCC Chairman Brendan Carr has stated combating robocalls is the agency’s “top consumer protection priority,” and the agency claims a proposed rule unveiled in May would ensure “that providers cannot turn a blind eye while U.S. phone networks are exploited and Americans are defrauded.” 

FCC rules already require providers to “take affirmative, effective measures to prevent new and renewing customers from using its network to originate illegal calls, including knowing its customers and exercising due diligence in ensuring that its services are not used to originate illegal traffic.” These proposed measures would strengthen the agency’s “Know-Your-Customer” requirements.

According to the Notice of Proposed Rulemaking, the FCC seeks comment on “originating providers to, at a minimum, obtain and retain the name, physical address, government issued identification number, and an alternate telephone number of any new and renewing customer before granting access to its services.” 

The proposed rules would also require consumers to fork over personal information to service providers, and phone providers who fail to comply could face $2,500 fines per illegal call.

“The FCC would basically be deputizing telecom companies as ID verifiers and scrutinizers of user behavior, and they would be highly motivated to crack down on their customers heavily, because $2,500 per call in a country with billions of robocalls per year could be devastating,” wrote Gizmodo‘s Mike Pearl. 

The increased requirements, the FCC writes, would both enable law enforcement to deter and identify scammers. But scammers would not be the only ones affected by the rule changes. 

Jay Stanley, a policy analyst at the American Civil Liberties Union (ACLU), warned 404 Media: “For decades, civil libertarians have looked overseas at authoritarian countries where the government requires people to register to get a mobile phone to ensure they can be tracked. We never thought that would happen here.”

“But make no mistake: with this rulemaking, the government is contemplating taking away people’s ability to get a burner phone, which will hurt low-income people, domestic violence victims, and anyone else who cares about their privacy,” he told the outlet.  

Fox News’ Kurt Knutsson has noted that the proposal does not mean the FCC is trying to ban burner phones outright. But, he warns, “phone providers must collect more identity details before activating or renewing service, anonymous or semi-anonymous phone access could become much harder to get.”

The FCC is aware of the proposal’s threats to anonymity, and the agency asks commenters to consider: “What privacy concerns may arise from such a collection of personally identifiable information (PII) and how can we mitigate them?” 

But given the security state’s tendency to erode privacy rights while expanding its own surveillance powers, it would not be surprising if the rule is finalized. And if it is, journalists, whistleblowers, and Americans who simply want to speak privately would lose another mode of communication.