Saturday, February 14, 2009

Use of Caller ID Spoofing in Stalking Cases

Caller ID Spoofing is being used by stalkers around the nation. Stalkers are using Caller ID Spoofing without any accountability for their actions. Stalkers who use this technology do so with the intent to create fear and terrorize their victims. This type of telecommunication needs to be immediately addressed and stopped. Currently, there is no federal legislation making Caller ID Spoofing illegal.

Caller ID Spoofing is not a new technique used by stalkers, as spoofing companies started producing products as early as 2004. Presently, there are over 30 caller ID spoofing companies, who advertise their products for sale primarily online to the general public. On the other hand, law enforcement agencies have utilized this type of technology for a long time when performing routine investigations; the difference now is that Caller ID Spoofing is easily accessible to anyone wanting to harass and stalk.

How do stalkers use Caller ID Spoofing?

Stalkers are able to purchase a product online, then they begin victimizing their targets. Stalkers are able to phone their victims, entering false caller id numbers; in fact, they can enter any phone number they want. Their victim, unsuspectingly may answer the phone thinking it is a member of their family, only when they answer the phone and have their life threatened; they might hear the sound of a gun racking (the metallic sound of the bullets being inserted into the chamber of a gun). Or, the victim might receive a bomb threat on their land line, but the source displayed for this call will show their very own cell phone number (when they did not make that call).

Sometimes victims will receive phone calls where the stalker has 'changed' his/her voice, from a male to female, or vise-versa, adding more confusion for the victim. Death threats can be pre-recorded and then played when the victim answers the phone that displays as a friend's phone number. There are many other options available for stalkers to 'play' around with and torment their victims unrelentingly.

Law enforcement agencies may be puzzled as how to this type of crime is committed; they may not have ever investigated any Caller ID Spoofing stalking cases. The stalker may be able to actually convince the police that the victim is 'crazy' and calling herself, which is what shows on the Caller ID. Even worse, the stalker may be able to get police to believe that the victim is doing this to get him in trouble, falsely, of course and should even be arrested for such actions. (This is called 'false victimization'). There are endless ways motivated stalkers can use Caller ID Spoofing to perpetrate crimes and abuse their victims, who might appear confused, displaying signs of trauma, along with disbelief, horror and shock.

What is being done to stop criminal activity related to Caller ID Spoofing?

Two federal bills have been proposed, but neither at this time have voted upon or passed by the Senate.

The first bill, HR 5304, Preventing Harassment through Outbound Number Enforcement Act, was introduced by Representative Tim Murphy (R-PA) on 5/4/06. It was co-sponsored by 6 other representatives; Rep. Dave Reichert (R-WA), Rep. Melissa Hart (R-PA), Rep. Rodney Alexander (R-LA), Rep. John Carter (R-TX), Rep. Jean Schmidt (R-OH) and Rep. Robert Simmons (R-CT). This bill did not become law.

The second bill, HR 740, Phone Act of 2007, was written to amend Title 18, United States Code, to prevent Caller ID Spoofing and for other purposes. It was introduced on 1/31/07, with the last action taken on 5/24/07. This bill was sponsored by Rep. Robert Scott (D-VA). It was co-sponsored by 9 other representatives: Rep. Sheila Jackson-Lee (D-TX), Rep. John Conyers (D-MI), Rep. David Reichert (R-WA), Rep. James Forbes (R-VA), Rep. Tim Murphy (R-PA), Rep. Jean Schmidt (R-OH), Rep. Brad Sherman (D-CA), Rep. Frederick Boucher (D-VA) and Rep. Luis Gutierrez (D-IL). This bill was passed by the House on 3/21/07, but was not passed by the Senate and did not become law. It was placed on the Senate Legislative Calendar under General Orders, Calendar No. 173.

Thus, a total of ten states have supported taking action to prevent Caller ID Spoofing from being used against consumers and victims. Furthermore, it clearly has bipartisan support. However, with no further action being taken, victims continue to be abused, as stalkers tauntingly use this method of operation to commit their crimes.

As citizens of the United States, we need to work diligently to contact local representatives to make Caller ID Spoofing illegal and severely punishable. Resources need to be dedicated to investigating stalking cases involving Caller ID Spoofing. It is only then that victims may begin to have some relief and recourse to address this insidious form of stalking; stalking using Caller ID Spoofing.