"Do you want to sell? Have you thought about the loan? " How to treat harassing calls?

"Is your house for sale?" "Consider a loan with an annual interest rate of 4.5%?" "Do you know the 20-day English training?" "The fitness swimming pool is newly opened, and now you can get a 20% discount on the card." "Our company has launched a brand-new insurance product that can cover health, life, accidents and serious illness." "When you apply for our credit card, you will be exempted from the annual fee for the first year ..." I believe many people have received such sales calls, sometimes even more than a dozen a day, which is annoying.

In mid-April, many mobile phone users also received short messages from the three major operators, saying that "according to relevant state regulations, no organization or individual may make commercial marketing calls to users without their consent. In order to safeguard the legitimate rights and interests of users, we will dispose of telephone numbers suspected of marketing disturbing people according to law. "

For a time, harassing phone calls has once again become a hot topic of public opinion. People have taken screenshots of short messages and asked, "Is the operator going to be serious this time?" "Can harassing calls finally be completely cured this time?"

Managing harassing phone calls is like a battle. Departments in charge of various industries, legislative departments, operators, call center enterprises, internet enterprises and many other "arms" have their own duties and cooperate in operations, including defensive warfare and counterattack warfare, and it will be Armageddon. So, how is the battle between radio waves going? Our reporter conducted an interview on this issue.

Defensive warfare: man-marking+interception

The "operational plan" for the treatment of harassing calls is the "Special Action Plan for Comprehensive Treatment of harassing calls" issued by the Ministry of Industry and Information Technology, the Supreme People's Court and the Supreme People's Procuratorate on July 30, 201August (hereinafter referred to as the "Plan"). The "Program" decided to carry out a one-and-a-half-year comprehensive crackdown on harassing telephone calls nationwide from July 20 18 to the end of February 20 19.

This "battle plan" not only clarifies the division of responsibilities of various "arms", but also formulates a detailed action schedule. For example, the plan requires that before the end of March, 2065438+2009, major operators should have the ability to provide domestic mobile phone users with call number labeling reminders and risk prevention and early warning through short messages, flash messages and other services. Therefore, it is not a whim for the three major operators to express their views at the same time, but a part of this battle.

To deal with the "invasion" of harassing calls, we must first fight a good defensive war. The first line of defense that operators and Internet companies set for users is the "number marking" service.

Unlike in the past when users were completely exposed to the "firepower" of harassing calls, nowadays when most harassing calls come in, there is often a small line next to it, showing "How many people marked this number as fraudulent calls/advertising sales/express delivery ..." When users see these signs, they can hang up directly and refuse to answer, greatly reducing the possibility of being cheated and harassed.

But some people will say that even if there is no incoming call, the mobile phone keeps ringing and vibrating, which is also annoying. Can we not let them in? Of course. This is the second line of defense: "telephone interception" business.

For example, a company has launched a "high-frequency harassing phone protection" service, and users can send "KTFSR" to 10086 to complete the free opening. Users can set personalized interception rules on the official WeChat account, and users can also choose one-click interception for the segments "400", "950", "95 1" and "952" that harass the hardest hit areas. It is reported that the related services of China Unicom and China Telecom have also been completed and are being debugged internally.

Although the second line of defense has not been completely built, users can still download professional anti-harassment phone APP by relying on the first line of defense of "number marking", and realize the interception of harassing calls by setting the "interception threshold" (when the number is marked more than a certain number of times).

After the user completes the above settings according to the process, the frequency of being harassed by the phone will be greatly reduced. But even so, it is inevitable that there will be fish escaping from the net. Because harassing calls are constantly "evolving", while intercepting technology is intelligent, harassing technology is also "intelligent". For example, the harassing phone robot exposed at the "3. 15" party this year can make 5000 calls a day, which is more than 10 times the traditional labor efficiency.

This reminds us that it is not enough to control harassing calls only by passive defense, but also by counterattack.

Counterattack: "food shortage"+report

Sun Tzu's Art of War said: If Pojun wants to win, it must first cut off its grain and grass. To solve the problem of "weapon upgrade" of harassing calls, we must first cut off the supply of their "arms dealers" and cut off the information sources of software and equipment related to harassing calls from the source.

Beijing Communications Administration told reporters that they have recently focused on Baidu, Qihoo 360, sogou and other search service providers. In view of the problems that still exist on the Internet, such as devices such as "Miao Chi" and "renamed APP" harassing phone software, variant characters and related phrases, three search companies are required to conduct a comprehensive clean-up and investigation, and establish a dynamic monitoring and shielding mechanism to shield harassing phone software and device information together. The three search service providers indicated that they would strictly implement the requirements of the Ministry of Industry and Information Technology and Beijing Communications Administration, conduct a comprehensive investigation of the existing problems, and immediately carry out rectification.

After "breaking the grain and grass", we must make good use of this means of reporting. Most people just complained about harassing phone calls, and at most blacklisted their numbers, but they didn't report them. Even many people don't know who to report to, or think that reporting is useless.

In this regard, Hao Zhichao, director of 1232 1 Network Bad and Spam Reporting Center, told the reporter: "Please tell everyone that reporting must be useful."

According to the plan, the Ministry of Industry and Information Technology entrusts internet society of china to set up a report center in 1232 1 to receive harassing phone reports in a unified way, and requires telecom operators to establish a handling mechanism for harassing phone reports. Users can download the APP through 1232 1 or call the operator's service hotline to report harassing calls.

Hao Zhichao introduced the operation mechanism of 1232 1 reporting center to the reporter: after the center accepts the user's report, it will verify the effectiveness of the report, then submit the relevant problems to the operators and relevant departments, track the handling of the problems, and feed back the results to the users after processing.

According to Hao Zhichao, the data obtained by the center will be an important indicator for the Ministry of Industry and Information Technology to assess local operators and call centers, which is also the binding force of the reporting center. Under the pressure of assessment, operators and call centers will carefully evaluate the quality of each line, and lines with frequent harassing calls will be stopped.

However, Hao Zhichao said that it is still difficult to control harassing calls. First of all, "user's will" is difficult to confirm. In the face of reporting information, many enterprises argue that users have not explicitly refused to sell mobile phones, so it is not surprising that they do not know. Moreover, there is no way to control harassing calls. The above-mentioned governance methods are more effective in restraining call centers, but they are often helpless against harassing calls from personal numbers. Article 40 of China's Constitution clearly stipulates that the freedom and privacy of communication between the people of China and the citizens of China shall be protected by law. In the absence of recorded evidence, intercepting personal numbers not only lacks legal support, but also has legal risks.

Armageddon: platform+legislation

In the interview, the reporter found that most of the existing governance methods put pressure on telecom operators, while the real callers and beneficiaries of harassing calls, such as real estate enterprises, financial institutions and educational institutions doing telemarketing, have not been punished too much. At the same time, most of the current technical interception methods only help users cover their ears, but there are few ways to block the mouths of those interest-driven parties.

In order to truly eradicate the problem of harassing calls, after defense and counterattack, there must be a decisive battle with the cooperation of the army. As Hao Zhichao said, don't think that harassing calls is only a matter for operators and the Ministry of Industry and Information Technology. Harassment of telephone calls is a social problem, not just a problem in the communication industry. Other departments should also actively take responsibility.

Such an appeal received a positive response from the "brothers". On March 29th, the State Administration of Market Supervision issued the Notice on Launching Special Enforcement Actions to Protect Consumption and Combat Infringement of Consumers' Personal Information (hereinafter referred to as the Notice), saying that this action is mainly aimed at industries and fields where violations of consumers' personal information are frequent, such as real estate rental and sales, small loan finance, education and training, and telemarketing. One of the key points of the action is the illegal act of "sending commercial information to consumers without the consent or request of consumers or the explicit refusal of consumers".

Most importantly, the Notice also clarified the legal basis for this action. Even for the "non-laws and regulations" behavior of harassing telephone calls, the administrative department for industry and commerce can also impose penalties according to Article 56 of the Consumer Protection Law, that is, it can impose a warning, confiscate the illegal income and impose a fine of more than one time but less than ten times the illegal income, and impose a fine of less than 500,000 yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license. It can be said that it is in black and white.

To carry out "Armageddon", we must have powerful weapons. China is stepping up the construction of two weapons that are extremely lethal to harassing calls: first, the national anti-harassment information comprehensive service platform; One is the personal information protection law.

The national anti-harassment information comprehensive service platform is a reference for foreign "no phone calls" mechanism. For example, in the United States, users can register their willingness to answer the phone for free on the "call rejection" website, and operators and call centers will intercept marketing calls at the source through the user's willingness. Telemarketing enterprises need to register company information through the platform, and regularly obtain and update the user wish list. Telemarketers are not allowed to make marketing calls to users who explicitly register in official website without calling. If they make illegal calls, they will be fined up to $65,438+$600,000 each time. The platform will effectively solve the problem of users' willingness confirmation and difficult investigation and evidence collection, and is recognized as the most powerful technical means to control harassing calls at present.

According to the planned schedule, this platform will be initially built in China before the end of February 2065438+2009. The reporter called China Information and Communication Research Institute, and the other party said that the platform was being built in an orderly manner, and said that the "anti-harassment information service platform" existing on the Internet was developed by the enterprise itself, and the two were not the same thing.

The Personal Information Protection Law will make clear legal provisions on harassing calls and irregular marketing calls. , completely change the situation that there is no legal basis to control harassing calls, which will be a "nuclear weapon" to control harassing calls. What is more gratifying is that during the National People's Congress this year, the Personal Information Protection Law has been announced to be included in this legislative plan.

The battle blueprint has been drawn, the ultimate weapon is on the way, and people expect harassing calls to disappear from daily life as soon as possible.