• On December 10, 2012, the United States Court of Appeals for the Fifth Circuit agreed with a lower court’s ruling that Mississippi’s Caller ID Anti-Spoofing Act is preempted by federal law. Spoofing is misrepresenting the calling party’s identification. Mississippi’s 2010 law made it illegal to “enter … false information into a telephone caller identification system with the intent to deceive, defraud or mislead” the called party. Later that year, Congress passed the Truth In Caller ID Act (TCIA). Both laws made what the court characterized as “harmful spoofing” illegal. But the state law also made “non-harmful spoofing” unlawful. Non-harmful spoofing is meant to deceive but not for the purpose of defrauding, harming, or wrongfully obtaining something of value. The court of appeals agreed that the state law was more restrictive than the federal law, and thus preempted. The court observed that “Congress could have broadened TCIA’s proscriptive reach by inserting the term ‘misleading’, or words to that effect. But it did not … .” It concluded that “there is an inherent federal objective in TCIA to protect non-harmful spoofing.” Teltech Systems, Inc. v. Bryant, No. 12-60027, 2012 WL 6097949 (5th Cir. Dec. 10, 2012).