Sprint Relay tip leads to investigation

I have to look back for my original mail through Sorenson as I was told this was a requirement. I'll check it when I get home.

Looking at the FCC web site causally I don't see a requirement, but that is just a user guide not the actual laws.
 
I think what Sprint did was illegal. Did Sprint obtain court order to "Wiretap" the relay conversation?

Secondly, do the relay operators have business to get involved with the conversation between two parties?

Thank god, I have not used and will not select sprint as default provider. They have violated privacy law already.
 
I think what Sprint did was illegal. Did Sprint obtain court order to "Wiretap" the relay conversation?

Secondly, do the relay operators have business to get involved with the conversation between two parties?

Thank god, I have not used and will not select sprint as default provider. They have violated privacy law already.

violated Privacy Law? I doubt it. 9/11 changed everything.
 
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Make this clear, I know there is privacy laws involved.

Caller A: Deaf Customer
Caller B: Terp
Caller C: Hearing customer


The law prohibits from caller B sharing any information with other people what the conversation between caller A and caller C. The only permissible is wiretap warrant issued before the caller B can share with.

IF The caller A *OR* caller C made direct threats against the caller B or Caller B's company then that is whole different story and the user agreement protects the Caller B's company from threats and can take legal action against A or C.

Relay companies are supposed to be "Functionality equilvent" with regular telephone companies. So communications laws applies on both sides.
 
Make this clear, I know there is privacy laws involved.

Caller A: Deaf Customer
Caller B: Terp
Caller C: Hearing customer


The law prohibits from caller B sharing any information with other people what the conversation between caller A and caller C. The only permissible is wiretap warrant issued before the caller B can share with.

IF The caller A *OR* caller C made direct threats against the caller B or Caller B's company then that is whole different story and the user agreement protects the Caller B's company from threats and can take legal action against A or C.

Relay companies are supposed to be "Functionality equilvent" with regular telephone companies. So communications laws applies on both sides.

not if it comes to a deadly threat.

that's why doctor/psychiatrist/lawyer/counselor/hospital are required to report to police if a person wants to harm someone or made a threat to harm someone or poses a danger to himself or others.
 
Relay operators is NOT doctor/psychiatrist/lawyer/counselor/hospital.

Relay operators job is to relay the calls, PERIOD! Nothing more, nothing less. Reporting whatever the conversation is NOT part of job description.

http://www.fcc.gov/encyclopedia/telecommunications-relay-services-rules


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Telecommunications Relay Services Rules

Current as of December 13, 2011

47 C.F.R. §64.601 - §64.613

FCC Regulations for the Provision of Telecommunications
Relay Services (TRS) pursuant to Title IV of the Americans with Disabilities
Act (ADA), Pub. L. No. 101-336, §401, 104 Stat.327, 366-69 (adding Section 225
to the Communications Act of 1934, as amended, 47 U.S.C. §225).

§ 64.601 Definitions and provisions of general applicability.

(a) For purposes of this subpart, the terms Public Safety Answering Point (PSAP), statewide default answering point, and appropriate local emergency authority are defined in 47 CFR 64.3000; the terms pseudo-ANI and Wireline E911 Network are defined in 47 CFR 9.3; the term affiliate is defined in 47 CFR 52.12(a)(1)(i), and the terms majority and debt are defined in 47 CFR 52.12(a)(1)(ii).

(1) 711. The abbreviated dialing code for accessing relay services anywhere in the United States.

(2) American Sign Language (ASL). A visual language based on hand shape, position, movement, and orientation of the hands in relation to each other and the body.

(3) ANI. For 911 systems, the Automatic Number Identification (ANI) identifies the calling party and may be used as the callback number.

(4) ASCII. An acronym for American Standard Code for Information Interexchange which employs an eight bit code and can operate at any standard transmission baud rate including 300, 1200, 2400, and higher.

(5) Baudot. A seven bit code, only five of which are information bits. Baudot is used by some text telephones to communicate with each other at a 45.5 baud rate.

(6) Call release. A TRS feature that allows the CA to sign-off or be “released” from the telephone line after the CA has set up a telephone call between the originating TTY caller and a called TTY party, such as when a TTY user must go through a TRS facility to contact another TTY user because the called TTY party can only be reached through a voice-only interface, such as a switchboard.

(7) Common carrier or carrier. Any common carrier engaged in interstate Communication by wire or radio as defined in section 3(h) of the Communications Act of 1934, as amended (the Act), and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b) of the Act.

(8) Communications assistant (CA). A person who transliterates or interprets conversation between two or more end users of TRS. CA supersedes the term “TDD operator.”

(9) Hearing carry over (HCO). A form of TRS where the person with the speech disability is able to listen to the other end user and, in reply, the CA speaks the text as typed by the person with the speech disability. The CA does not type any conversation. Two-line HCO is an HCO service that allows TRS users to use one telephone line for hearing and the other for sending TTY messages. HCO-to-TTY allows a relay conversation to take place between an HCO user and a TTY user. HCO-to-HCO allows a relay conversation to take place between two HCO users.

(10) Interconnected VoIP service. The term “interconnected VoIP service” has the meaning given such term under §9.3 of title 47, Code of Federal Regulations, as such section may be amended from time to time.

(11) Internet-based TRS. A telecommunications relay service (TRS) in which an individual with a hearing or a speech disability connects to a TRS communications assistant using an Internet Protocol-enabled device via the Internet, rather than the public switched telephone network. Internet-based TRS does not include the use of a text telephone (TTY) over an interconnected voice over Internet Protocol service.

(12) Internet Protocol Captioned Telephone Service (IP CTS). A telecommunications relay service that permits an individual who can speak but who has difficulty hearing over the telephone to use a telephone and an Internet Protocol-enabled device via the Internet to simultaneously listen to the other party and read captions of what the other party is saying. With IP CTS, the connection carrying the captions between the relay service provider and the relay service user is via the Internet, rather than the public switched telephone network.

(13) Internet Protocol Relay Service (IP Relay). A telecommunications relay service that permits an individual with a hearing or a speech disability to communicate in text using an Internet Protocol-enabled device via the Internet, rather than using a text telephone (TTY) and the public switched telephone network.

(14) Non-English language relay service. A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a CA who is fluent in that language.

(15) Non-interconnected VoIP service. The term “non-interconnected VoIP service”—

(i) Means a service that—

(A) Enables real-time voice communications that originate from or terminate to the user's location using Internet protocol or any successor protocol; and

(B) Requires Internet protocol compatible customer premises equipment; and

(ii) Does not include any service that is an interconnected VoIP service.

(16) Numbering Partner . Any entity with which an Internet-based TRS provider has entered into a commercial arrangement to obtain North American Numbering Plan telephone numbers.

(17) Qualified interpreter. An interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

(18) Registered Location. The most recent information obtained by a VRS or IP Relay provider that identifies the physical location of an end user.

(19) Registered Internet-based TRS User. An individual that has registered with a VRS or IP Relay provider as described in §64.611 of this chapter.

(20) Speech-to-speech relay service (STS). A telecommunications relay service that allows individuals with speech disabilities to communicate with voice telephone users through the use of specially trained CAs who understand the speech patterns of persons with speech disabilities and can repeat the words spoken by that person.

(21) Speed dialing. A TRS feature that allows a TRS user to place a call using a stored number maintained by the TRS facility. In the context of TRS, speed dialing allows a TRS user to give the CA a short-hand” name or number for the user's most frequently called telephone numbers.

(22) Telecommunications relay services (TRS). Telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a text telephone or other nonvoice terminal device and an individual who does not use such a device, speech-to-speech services, video relay services and non-English relay services. TRS supersedes the terms “dual party relay system,” “message relay services,” and “TDD Relay.”

(23) Text telephone (TTY). A machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. TTY supersedes the term “TDD” or “telecommunications device for the deaf,” and TT.

(24) Three-way calling feature. A TRS feature that allows more than two parties to be on the telephone line at the same time with the CA.

(25) TRS Numbering Administrator. The neutral administrator of the TRS Numbering Directory selected based on a competitive bidding process.

(26) TRS Numbering Directory. The database administered by the TRS Numbering Administrator, the purpose of which is to map each Registered Internet-based TRS User's NANP telephone number to his or her end device.

(27) Video relay service (VRS). A telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment. The video link allows the CA to view and interpret the party's signed conversation and relay the conversation back and forth with a voice caller.

(28) Visual privacy screen. A screen or any other feature that is designed to prevent one party or both parties on the video leg of a VRS call from viewing the other party during a call.

(29) Voice carry over (VCO). A form of TRS where the person with the hearing disability is able to speak directly to the other end user. The CA types the response back to the person with the hearing disability. The CA does not voice the conversation. Two-line VCO is a VCO service that allows TRS users to use one telephone line for voicing and the other for receiving TTY messages. A VCO-to-TTY TRS call allows a relay conversation to take place between a VCO user and a TTY user. VCO-to-VCO allows a relay conversation to take place between two VCO users.

(b) For purposes of this subpart, all regulations and requirements applicable to common carriers shall also be applicable to providers of interconnected VoIP service.

[68 FR 50976, Aug. 25, 2003, as amended at 69 FR 53351, Sept. 1, 2004; 72 FR 43559, Aug. 6, 2007; 73 FR 41294, July 18, 2008; 76 FR 24400, May 2, 2011; 76 FR 65969, Oct. 25, 2011]

§ 64.602 Jurisdiction.

Any violation of this subpart F by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of the Act by a common carrier engaged in interstate communication.

[65 FR 38436, June 21, 2000]

§ 64.603 Provision of services.

Each common carrier providing telephone voice transmission services shall provide, not later than July 26, 1993, in compliance with the regulations prescribed herein, throughout the area in which it offers services, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Speech-to-speech relay service and interstate Spanish language relay service shall be provided by March 1, 2001. In addition, each common carrier providing telephone voice transmission services shall provide, not later than October 1, 2001, access via the 711 dialing code to all relay services as a toll free call. A common carrier shall be considered to be in compliance with these regulations:

(a) With respect to intrastate telecommunications relay services in any state that does not have a certified program under §64.606 and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with §64.604; or

(b) With respect to intrastate telecommunications relay services in any state that has a certified program under §64.606 for such state, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under §64.606 for such state.

[65 FR 38436, June 21, 2000, as amended at 66 FR 67114, Dec. 28, 2001; 73 FR 21258, Apr. 21, 2008]

§ 64.604 Mandatory minimum standards.

The standards in this section are applicable December 18, 2000, except as stated in paragraphs (c)(2) and (c)(7) of this section.

(a) Operational standards —(1) Communications assistant (CA). (i) TRS providers are responsible for requiring that all CAs be sufficiently trained to effectively meet the specialized communications needs of individuals with hearing and speech disabilities.

(ii) CAs must have competent skills in typing, grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages and etiquette. CAs must possess clear and articulate voice communications.

(iii) CAs must provide a typing speed of a minimum of 60 words per minute. Technological aids may be used to reach the required typing speed. Providers must give oral-to-type tests of CA speed.

(iv) TRS providers are responsible for requiring that VRS CAs are qualified interpreters. A “qualified interpreter” is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

(v) CAs answering and placing a TTY-based TRS or VRS call must stay with the call for a minimum of ten minutes. CAs answering and placing an STS call must stay with the call for a minimum of fifteen minutes.

(vi) TRS providers must make best efforts to accommodate a TRS user's requested CA gender when a call is initiated and, if a transfer occurs, at the time the call is transferred to another CA.

(vii) TRS shall transmit conversations between TTY and voice callers in real time.

(2) Confidentiality and conversation content. (i) Except as authorized by section 705 of the Communications Act, 47 U.S.C. 605, CAs are prohibited from disclosing the content of any relayed conversation regardless of content, and with a limited exception for STS CAs, from keeping records of the content of any conversation beyond the duration of a call, even if to do so would be inconsistent with state or local law. STS CAs may retain information from a particular call in order to facilitate the completion of consecutive calls, at the request of the user. The caller may request the STS CA to retain such information, or the CA may ask the caller if he wants the CA to repeat the same information during subsequent calls. The CA may retain the information only for as long as it takes to complete the subsequent calls.


not if it comes to a deadly threat.

that's why doctor/psychiatrist/lawyer/counselor/hospital are required to report to police if a person wants to harm someone or made a threat to harm someone or poses a danger to himself or others.
 
Relay operators is NOT doctor/psychiatrist/lawyer/counselor/hospital.

Relay operators job is to relay the calls, PERIOD! Nothing more, nothing less.
by your logic.... the nurse did nothing wrong at Glenwood Gardens where an elderly woman died because she did not perform a CPR on her because as Glenwood Gardens stated that it is not licensed to provide medical care to any of its residents.

Reporting whatever the conversation is NOT part of job description.
are you sure?

A flight attendent is not a doctor/psychiatrist/lawyer/counselor either but she's obliged to report a threatening nature to pilot.

So are you telling me that a relay operator is not obliged to report to police if the conversation was something illegal and disgusting like child rape or child porn?

You are missing the point where I used doctor/psychiatrist/lawyer/counselor example because they have a strict doctor-patient/lawyer-client confidentiality yet.... they're obliged to report a danger to police. Same thing with relay operator. they have a strict confidentiality policy but they're obliged to report a danger to police.
 
You need to understand that FCC requires functionality equilvent as if you and I were hearing people.

Does government have the right to exploit your deafness by depending on relay calls and monitor your calls? NOPE! Why?

Does government have right to listen to every calls made by hearing people to hearing people?

You have to keep in mind that once two parties get connected, Relay operators is NOT permitted by FCC regulation to record or copy or whatever that leads to report and investigation. The evidence though relay conversations without warrant consent from the court will NEVER be used in the court. It had tried and failed in the past.


by your logic.... the nurse did nothing wrong at Glenwood Gardens where an elderly woman died because she did not perform a CPR on her because as Glenwood Gardens stated that it is not licensed to provide medical care to any of its residents.


are you sure?

A flight attendent is not a doctor/psychiatrist/lawyer/counselor either but she's obliged to report a threatening nature to pilot.

So are you telling me that a relay operator is not obliged to report to police if the conversation was something illegal and disgusting like child rape or child porn?

You are missing the point where I used doctor/psychiatrist/lawyer/counselor example because they have a strict doctor-patient/lawyer-client confidentiality yet.... they're obliged to report a danger to police. Same thing with relay operator. they have a strict confidentiality policy but they're obliged to report a danger to police.
 
not if it comes to a deadly threat.

that's why doctor/psychiatrist/lawyer/counselor/hospital are required to report to police if a person wants to harm someone or made a threat to harm someone or poses a danger to himself or others.

I don't think that is true.
 
You need to understand that FCC requires functionality equilvent as if you and I were hearing people.
you're not answering my question. and you're not understanding what the law says.

Does government have the right to exploit your deafness by depending on relay calls and monitor your calls? NOPE! Why?

Does government have right to listen to every calls made by hearing people to hearing people?
uh.... yes they do.

You have to keep in mind that once two parties get connected, Relay operators is NOT permitted by FCC regulation to record or copy or whatever that leads to report and investigation. The evidence though relay conversations without warrant consent from the court will NEVER be used in the court. It had tried and failed in the past.[/QUOTE]
I get it. I understand. but the world is not that simple anymore and no there is no two parties involved.... there are three parties. in all legal cases where confidentiality law comes in - a third-party entity is exempted.

ie - A patient tells confidential stuff to doctor therefore.... there's a patient-doctor confidentiality clause. However, if a patient's friend was there with them... then patient-doctor confidentiality doesn't apply.
 
I don't think that is true.

yes it is.

ie - James Holmes' psychiatrist reported him to police because she felt that Holmes posed a serious and imminent threat that he may causes harm to others and/or himself.

this is obviously a very gray area. that's why many states have "Threat Assessment Team" to deal with this kind of matter.
 
the reason why I'm familiar with this kind of thing is because I've worked with faculty members who specialize in disaster management.

Just found more proof that I'm right.

Therapists walk fine line in reporting violent plans - CNN.com
The bar is higher for psychologists, psychiatrists and other medical professionals to report to police. Failing to identify potential harm by a clinician would not be a criminal offense, according to Amador, but it can open a door for a civil lawsuit if they did not disclose the information.

All states require therapists to inform patients before a session that their confidentiality agreement may be revoked if it is determined the patient is a threat to themselves or others. But details vary from state to state on who the therapist is required to inform.

In Colorado, doctors, nurses, mental health professionals and their staffs are required to break confidentiality and warn a potential victim and alert law enforcement if a serious threat is suspected.

whenever there is a horrendous crime like mass shooting, school shooting, bomb threat, etc... there's always a knee-jerk reaction for new laws. the problem is... quite a bunch of new changes in laws are not usually publicly announced to public.

so I'm absolutely sure that there is somewhere in there that does allow relay operator to report a hostile threat to police. I was very surprised to see how much changes have been made in just about all kinds of fields where we thought our privacy are expected. 9/11 and school shootings pretty much changed the whole realm.
 
The colorado movie shooting was A case that showed the doctor was responsible to inform police of the shooters tendency to harm others.
 
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