The Federal Communications Commission wants to require telecommunications providers to collect vast amounts of personal information from every person who wants a phone number in the name of combatting scam and spam calls. This plan will fail to combat the deluge of unwanted calls people in the United States receive every day while giving untrustworthy companies a gold mine of information that would harm everyday consumer’s privacy, access to communications, and ability to speak freely. 

The requirement to provide ID and an address would completely cut off the ability to have an anonymous phone line, which would mean many people in the most precarious situations imaginable: domestic violence and human trafficking survivors, unhoused people, and children without stable homes, would not be able to gain access to a crucial lifeline. EFF, along with ACLU, has submitted comments advising the FCC to abandon this proposal entirely. 

This Rule Will Not Decrease Spam Calls 

Requiring phone providers to collect consumers’ information will not appreciably decrease or eliminate unwanted calls. The FCC knows this because it confesses in its own rulemaking that “the most effective way to prevent unwanted calls from reaching American consumers is by ensuring they never enter the network.” Further, the Federal Trade Commission found that “a significant proportion, if not the majority, of unwanted robocalls originate from overseas.” Collecting the personal information of everyone who wants to make a phone call will not put a dent in fraudulent calls. 

What will address unwanted calls is the FCC’s STIR/SHAKEN technical standards, which already exist. While STIR/SHAKEN is not perfect, it is actually a technical solution to the problem of spam calls. And where less than 50% of American telecommunication providers have fully implemented the protocol, the FCC should put its energy toward 100% compliance to reduce the scale of unwanted calls, instead of collecting consumer’s private information. 

The FCC gives away the true reason for this proposal in their own comments: this is a move to shut down the very existence of anonymous phones, aka burner phones. FCC says in their comments: 

“Enhanced KYC information can assist law enforcement to more easily identify callers that use the network to perpetuate crimes by ensuring that voice providers have accurate and complete customer information. The KYC information gathered and verified would help ensure that law enforcement gets accurate information in response to subpoenas when investigating crimes. For example, can enhanced KYC rules assist law enforcement in investigating organized criminal groups that use the network to facilitate illegal activities? Can they be used to deter or detect trafficking operations that use communication networks to buy and sell illicit goods?”

Anonymous phones are not just used by people to break the law, they are also used by activists who wish to remain anonymous, privacy conscious consumers, people escaping domestic violence, people escaping human trafficking, journalists who need to reach out to confidential sources, and other people in desperate situations. Anonymous phone lines are a lifeline to many, one which this proposal would cut off without any alternative. 

Mass Data Collection Makes Us All Less Safe

Mass data collection of individuals does not address unwanted calls, but it does 

make us all less safe online. The telecommunications industry has proven time and again that they’re poor stewards of personal information. They’ve been at the center of several large-scale data breaches in recent years and their data practices leave much to be desired.

In 2024, AT&T disclosed two large data breaches. One in which 7.6 million existing account holders and more than 65 million former customers had their information leaked onto the dark web, and another in which more than 100 million customer account call and text logs were downloaded. Another large provider, Comcast, suffered a data breach in 2023 where nearly 36 million account holder’s information was stolen, including the last four digits of their Social Security Number and date of birth. 

In 2024, the nation’s CALEA infrastructure, which law enforcement uses to tap and trace calls, was breached in the Salt Typhoon attacks. Experts maintain that U.S. communications networks remain vulnerable, and even this administration acknowledges these attacks as an ongoing threat. 

If telecoms can’t even protect the most sensitive communications infrastructure in the nation how can we expect that they will protect our identities?

In addition to their poor cybersecurity practice, these providers themselves abuse the information in their possession. In Scott v AT&T, AT&T, among others, made consumer information available to hundreds of third parties without the consumer’s express consent. Though the case was dismissed because AT&T forces its consumers to sign arbitration agreements, it shows the complete lack of care for their consumers' privacy. 

A Lack of Anonymity Silences People 

Mass data collection of individuals just to have a phone number will also harm and silence people. Anonymity in calls provides people the safety they may require to organize themselves, speak freely, and seek services. Anonymous phone calls give people the courage to participate in politics, organize themselves, reach out to a suicide or sexual-assault hotline, an addiction-recovery sponsor, seek medical care, seek escape from a violent and coercive situation, and do much more. Without this anonymity, people may otherwise not do any of these things. 

It will prevent many from obtaining phone numbers at all. 

Not everyone has all the information the FCC wants to require. The FCC wants people’s physical addresses, defined so narrowly that it’s essentially a home address. Not everyone has a stable home address, so those individuals would be not able to get phone service. 

FCC suggests that a government-issued identification should be required for any phone service. About 15 million adult U.S. citizens do not have a driver’s license, while about 2.6 million do not have any form of government-issued photo ID. Others don’t have access to their identifying documents, they may be controlled by an abusive spouse or parent, human trafficker, cult, or someone else from whom a secondary phone line could help a person escape. Estimates show another 21 million adult U.S. citizens do not have a non-expired driver’s license, and over 34.5 million adult citizens have neither a driver’s license nor a state ID card with their current name or address. 

These numbers do not include non-U.S. citizens who do not have current government-issued identification, including undocumented immigrants who cannot obtain a state ID or driver’s license. Black American and Hispanic Americans are disproportionately less likely to have current drivers’ licenses, and Americans with disabilities and Americans with lower annual incomes are also less likely to have current driver’s licenses. 

The FCC’s proposal will not decrease the amount of unwanted calls. All it will do is set up a data collection regime that harms everyday, law abiding Americans. This proposal makes us less secure online, strips away our right to anonymous speech in calls, and actively disconnects those Americans who are already at the margins. EFF recommends the FCC discard this proposal in its entirety. 

The window for reply comments can still be filed until July 26th. Express comments, which are appropriate for most individuals, can be filed on the FCC website. See the suggested language below to help you get started.