Technolgy Rules: TRACED Act signed into law, putting robocallers on notice

Tuesday, December 31, 2019

TRACED Act signed into law, putting robocallers on notice

The Pallone-Thrune TRACED Act, a bipartisan bit of legislation that should make life harder for the villains behind robocalls, was signed into law today by the president. It’s still possible to get things done in D.C. after all!

We’ve covered the TRACED Act several times previously, as robocalls are, in addition to being horribly annoying, a uniquely annoying high-tech threat. Using clever targeting and spoofing technology, scammers are placing millions of calls that at best irritate and at worst take advantage of the vulnerable.

The new law won’t end that practice overnight, but it does add some useful tools to regulators’ toolboxes. Here’s how I summarized the bill’s provisions earlier this month:

Extends FCC’s statute of limitations on robocall offenses and increases potential fines
Requires an FCC rulemaking helping protect consumers from spam calls and texts (this is already underway)
Requires annual FCC report on robocall enforcement and allows for it to formally recommend legislation
Requires adoption on a reasonable timeline of the STIR/SHAKEN framework for preventing call spoofing
Prevents carriers from charging for the above service, and shields them from liability for reasonable mistakes
Requires the attorney general to convene an interagency task force to look at prosecution of offenders
Opens the door to Justice Department prosecution of offenders
Establishes a handful of specific cutouts and studies to make sure the rules work and interested parties are giving feedback

FCC Chairman Ajit Pai was effusive in his praise in a statement:

I applaud Congress for working in a bipartisan manner to combat illegal robocalls and malicious caller ID spoofing. And I thank the President and Congress for the additional tools and flexibility that this law affords us. Specifically, I am glad that the agency now has a longer statute of limitations during which we can pursue scammers and I welcome the removal of a previously-required warning we had to give to unlawful robocallers before imposing tough penalties.

And I thank the American people for never letting us forget how fed up they are with scam, spoofed robocalls. It’s their voices that power our never-ceasing push to fight back against the scourge of robocalls and malicious spoofing.

The FCC is limited in what it can do, and even major fines like this $120 million one have had a negligible effect on the nefarious industry. “Like emptying the ocean with a teaspoon,” said Commissioner Jessica Rosenworcel at the time.

Here’s hoping the TRACED Act amounts to more than a bigger spoon. We’ll find out as regulators and the mobile industry grow into their new capabilities and begin the long process of actually applying them to the problem. It may take months or more to see any real abatement, but at least we’re taking concrete steps.