Enlightenment from the foreign "no call registration" mechanism
in recent years, the problem of spam messages, harassment and other bad information has become increasingly prominent. Some enterprises or individuals use the convenience of the above services to indiscriminately send commercial sexual harassment information, and even spread fraud, obscene pornography and other illegal content, which has brought great trouble to telecom users and infringed on the legitimate rights and interests of the majority of telecom users, It may even endanger social stability and national information security. Developed countries represented by Europe and the United States have also encountered the problem of bad information governance in the process of the development of information and communication industry. In response to this problem, more than 13 countries and regions, such as the United States and the United Kingdom, have taken the lead in introducing the do not call register mechanism, which has obvious governance effects, and its experience is worth learning from
what is the mechanism of declining calls
the main objectives of the reject calls regulation mechanism include two points: first, provide a clear basis for dealing with harassment and SMS; The second is to seek a balance between the protection of consumers' rights and interests and the legal promotion services of marketing enterprises and individuals, and provide a reasonable solution
in order to achieve the above goals, the declined call regulation mechanism actually draws on the management idea of incentive compatibility theory and is effectively applied to telecom marketing norms. Incentive compatibility refers to the state that the utility maximization goal of each member involved in the system is consistent with the overall goal of the system. The market players in telecom marketing activities mainly include telecom users, marketing enterprises and individuals, and telecom operators. The no call regulation mechanism puts forward clear behavior norms and incentives for all subjects to ensure the support of all subjects
telecom users: provide registration channels for telecom users who are clearly unwilling to answer marketing. Once the marketing enterprises or individuals violate the regulations and cause Telecom harassment to such users, users can be protected through the "no call implementation act". In order to protect personal privacy, users have high enthusiasm to support this normative work
telecom operators: operators provide network resources for voice and SMS services, which can not only obtain legal benefits by providing communication services, but also provide the basis for the supervision department to enforce the law. Telecom operators hope that government regulation can balance the relationship between the two to the greatest extent, and ensure that governance actions will not have a direct impact on operators' income
telecom marketing enterprises and individuals: marketing enterprises and individuals obtain economic benefits and expand marketing power through marketing and SMS marketing. Telecom marketing enterprises and individuals themselves do not want to harass consumers. The reason for this problem is that they do not know which consumers are their potential customers and which are not. Therefore, the no call registration system can help them more clearly identify which consumers are not their target customers and improve the accuracy of marketing
two guarantees of law and technology
the foreign no call specification mechanism includes legal and technical means such as rack and backplane. Take the United States, the country that took the lead in introducing the denial of calls regulation mechanism, as an example, the Federal Trade Commission of the United States issued the denial of calls Registration Platform on June 27, 2003, and issued the supporting "denial of calls Implementation Act" in October of that year to provide law enforcement basis for the platform and supporting regulatory work
in terms of law, the content of the U.S. denial of calls implementation act includes four aspects:
first, it defines the key terms involved in the denial of calls. For example, marketing refers to the promotion of plans, programs or activities to users through dialing, in an attempt to induce the purchase of products or services or charitable donations. The existing business relationship refers to the existing business relationship between the seller and the consumer within 18 months from the date of the above-mentioned behavior due to the purchase, lease, or financial transactions with the consumer's products or services. The product or service that the consumer inquires about or applies for the seller to provide within 3 months from the date of the above behavior also belongs to the existing business relationship between the two parties
the second is the scope of application of the act of refusing to call. The marketing behaviors prohibited by the no call implementation act include fraudulent marketing behaviors and non-standard marketing (including the behavior that users clearly do not want to accept the 98.07 phone marketing and continue to promote products; the identity of the seller, sales purpose and products or services are not clearly stated during marketing). There are four types of calling behaviors that are not prohibited by the act. One is to provide information only after calibration without inducing consumption; Second, tax exempt organizations and non-profit organizations; Third, sales promotion with written agreement with users in advance; Fourth, both parties have existing commercial relations
third, clarify the charging standard of the platform for declining calls. No call registration. Individual users can register private numbers for free. Users can register multiple numbers. The Committee collects an annual fee from each marketing registered enterprise or individual, and makes a one-time payment of US $14850 for all regional inquiries across the country. According to the regional query, users with each area code charge $54; In addition, the act also makes it clear that enterprises want to inquire about the supplementary fee rules and annual price adjustment rules in more regions, which will not be carried out here due to space constraints
the fourth is the punishment standard for violating the telephone refusal act. According to the marketing and consumer fraud and abuse prevention law, the illegal telecommunications fraud can be punished by more than 100000 US dollars and imprisonment for many years; The company that compulsorily requires dial marketing to download and update the local list at least once every 31 days, and the company shall not sell to the dial registered in the list. If you make an illegal call, you will be fined up to $16000 per call
in terms of technical means, call registration is not allowed. The platform uses stations as the media to provide services for individual users and marketing enterprises. For individual users, the station provides two services: number registration and problem complaint. Users can register email information and one or more private numbers for free according to the prompts of the station. After confirming the registration of the number, the number will be updated to the list the next day. If the user number receives advertising marketing, the user can complain about this call on the platform. The Federal Trade Commission and the Federal Communications Commission carried out investigation and evidence collection for the object of the complaint. For marketing enterprises, marketing companies need to register company information through the platform, subscribe to platform services, and regularly obtain and update the list
according to the statistics of the Federal Trade Commission of the United States, as of 2014, 180 numbers in every 100 families in the United States have registered the no call platform
the Enlightenment of declining calls to China
through early governance, the problem of fraud and harassment in China has been curbed to a certain extent, but from the perspective of overall governance, fraud and harassment still lack long-term governance mechanism guarantee. It is suggested that China should refer to foreign experience, introduce the no call supervision mechanism and supporting means as soon as possible, and carry out the following work to guide the telecom voice market to develop in a benign and healthy direction
first, develop the legal basis for refusing calls. The call rejection mechanism can effectively regulate the calling behavior and provide a reliable basis for the determination of harassment. We should promote the formulation of laws, regulations and industry standards related to the mechanism of declining calls, provide the basis for the identification and disposal of declining calls, and severely punish violators
second, establish a registration platform and supporting services for users who refuse to call, take necessary measures to strengthen the protection of users who clearly refuse to receive harassment, provide clues for the determination and disposal of harassment, and standardize the marketing behavior of relevant enterprises
ranked first in the same industry in China. Third, we should promote basic telecommunications enterprises, mobile resale enterprises, and call center business operators to cooperate to establish a daily working mechanism at the mechanism level and the technical level. According to the above work governance norms, formulate the enterprise side implementation plan. Establish data connection with the declined calls platform and participate in the daily management of the platform. Enterprises are encouraged to explore the introduction of personalized protection services for declined calls to improve users' self-protection ability
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