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2007-12-26 Assigned to TEKELEC reassignment TEKELEC ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: BANTUKUL, APIRUX, MARSICO, PETER J.
2012-05-09 Assigned to TEKELEC, INC. reassignment TEKELEC, INC. ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: TEKELEC GLOBAL, INC.
The subject matter described herein includes methods, systems, and computer program products for performing message deposit transaction screening. One method includes receiving a call setup signaling message for a call for which a message deposit transaction is indicated and determining a message deposit transaction parameter associated with the message deposit transaction based on the signaling message. At least one message deposit transaction screening criterion is determined for the message deposit transaction based on the at least one message deposit transaction parameter. A message deposit transaction screening action is performed based on application of the screening criterion to the message deposit transaction parameter.
The presently disclosed subject matter claims the benefit of U.S. Provisional Patent Application Ser. No. 60/964,335, filed Aug. 10, 2007; the disclosure of which is incorporated herein by reference in its entirety.
The subject matter described herein relates to message deposit transactions. More particularly, the subject matter described herein relates to methods, systems, and computer program products for performing message deposit transaction screening.
Conventional message screening systems, such as voicemail, videomail, and multimedia message mail screening systems, do not provide end-users or network operators with the ability to prevent message deposits from being performed. As a result, message servers are open to becoming spam receptacles. In one example, a calling party may initiate a call to a called party who is unavailable to answer the call. In a SIP scenario, the called party terminal may then generate a message indicating that he is unavailable to answer, such as a 486 Busy message. This message may be received by the switch attempting to connect the call, and upon determining that the calling party is unavailable, the call attempt may be converted into a voicemail deposit attempt. In a voicemail deposit attempt, the calling party may attempt to leave a voicemail message for the called party. In order to initiate a message deposit transaction, the switch may determine an appropriate message server associated with the called party and route the call to the determined message server. Once connected to the message server, a message deposit may be performed.
While conventional methods may exist for screening which messages are listened to by a subscriber, the message screening criteria is typically applied after the message deposit transaction has been completed and a message has been stored. Therefore, while conventional message systems may provide users with the ability to screen the messages they listen to, conventional message systems do not provide operators with the ability to screen message deposit transactions before unwanted messages are deposited. Accordingly, conventional message systems may expend unnecessary message resources in order to perform unwanted message deposit transactions and store unwanted messages. In addition, as described above, message storage such as voicemail, videomail, and multimedia mail mailboxes may become repositories for unwanted or spam messages.
Accordingly, in light of these difficulties, there exists a need for methods, systems, and computer program products for performing voicemail deposit transaction screening.
The subject matter described herein includes methods, systems, and computer program products for performing message deposit transaction screening. One method includes receiving a call setup signaling message for a call for which a message deposit transaction is indicated and determining a message deposit transaction parameter associated with the message deposit transaction based on the signaling message. At least one screening criterion is determined for the message deposit transaction based on the at least one message deposit transaction parameter. A voicemail deposit transaction screening action is performed based on application of the screening criterion to the message deposit transaction parameter.
According to another aspect of the subject matter described herein, a system for screening message deposit transactions is provided. The system includes a message deposit screening rules database for storing at least one message deposit transaction screening criterion, wherein the at least one screening criterion is associated with at least one message deposit transaction parameter. A message deposit transaction screening function is communicatively coupled to the message screening rules database and is configured to receive at least one signaling message for a call for which a message deposit transaction is indicated. The message deposit transaction screening function determines at least one message deposit transaction parameter associated with the message deposit transaction based on the signaling message and determines at least one screening criterion for the message deposit transaction using the at least one message deposit transaction parameter. The message deposit screening function performs a message deposit transaction screening action based on the application of the screening criterion to the message deposit transaction parameter.
The subject matter described herein may be implemented using a computer program product comprising computer executable instructions embodied in a computer-readable medium. Exemplary computer-readable media suitable for implementing the subject matter described herein include chip memory devices, disk memory devices, programmable logic devices, and application specific integrated circuits. In one implementation, the computer readable medium may include a memory accessible by a processor. The memory may include instructions executable by the processor for implementing any of the methods for providing voicemail deposit transaction screening described herein. In addition, a computer-readable medium that implements the subject matter described herein may be located on a single device or computing platform or may be distributed across multiple physical devices and/or computing platforms.
FIG. 13 is a flow chart of an exemplary process for providing network based message deposit transaction screening according to an embodiment of the subject matter described herein.
In view of the problems described above with respect to performing conventional message screening, the subject matter described herein provides for message deposit transaction screening. Where previously conventional systems did not allow for screening messages before they were deposited, resulting in wasted message system resources associated with performing unwanted message deposit transactions and storing unwanted messages, the subject matter described herein provides for screening message deposit transactions before they are completed. By screening message deposit transactions before they are completed, waste of message system resources is reduced. Message deposit transaction setup screening may be implemented in a communications network including at least one message server, as will be described in more detail below. It will be appreciated that, as used herein, the term voicemail may also broadly refer to voice/audio mail, video mail, text mail, and multimedia mail messages. In addition, the term message deposit transaction, as used herein, may include one of a voicemail, videomail, or multimedia mail message deposit transaction which is further converted/translated into an email message for delivery to a subscriber without departing from the scope of the subject matter described herein.
FIG. 1 is a diagram of an exemplary SS7 network for performing voicemail deposit transaction screening according to an embodiment of the subject matter described herein. Referring to FIG. 1, the exemplary SS7 network may include a switching point (SP) for receiving SS7 signaling messages associated with an attempted call transaction, determining that the called party is unavailable, and attempting to perform a voicemail deposit transaction. SP 100 may be a public switched telephone network (PSTN) end office (EO), a mobile switching center (MSC), a media gateway controller (MGC), a softswitch (SS), or any other suitable network node. With respect to SS7 implementations, it will be appreciated that call signaling messages may include SS7-over-IP signaling messages, such as Internet Engineering Task Force (IETF) SIGTRAN signaling messages.
SP 100 may receive an ISDN user part (ISUP) initial address message (IAM) message associated with an attempted call transaction that includes a called party identifier and a calling party identifier, such as a called party number (CdPN) and a calling party number (CgPN). For example, SP 100 may receive IAM 102 including CdPN 9193803814 associated with called party 104 and CgPN 9193457017 associated with calling party (not shown). SP 100 may then attempt to connect the call to called party 104. However, in this example, called party 104 is unavailable (i.e. busy, no answer etc.) and a corresponding signal may be returned to SP 100 indicating that called party 104 is unavailable. Once SP 100 determines that called party 104 is unavailable, SP 100 would normally route the call to message server 114.
However, before routing the transaction to message server 114, SP 100 may first query message deposit transaction screening function 108 in order to determine whether the attempted message deposit transaction is allowed. For example, SP 100 may generate and send transaction capability application part (TCAP) query message 106 to network based message deposit transaction screening function (MDTSF) 108 that includes CdPN 9193803814 and CgPN 9193457017 included in IAM 102. Query 106 may then be sent to MDTSF 108 for determining whether access to message server 114 should be allowed or denied. In one embodiment, MDTSF 108 may communicate with message screening rules database 110 that include one or more screening criterion associated with at least one message deposit transaction parameter included in query 106. Message screening rules 110 may include a blacklist, a whitelist, or any other suitable data structure for screening message deposit transactions without departing from the subject matter described herein.
In this example, MDTSF 108 may receive and process query message 106 using the CdPN and CgPN identifier information. It is appreciated that in addition to the TCAP query protocol described above, other suitable SS7 or non-SS7 protocols may be used without departing from the scope of the subject matter described herein. For example, session initiation protocol (SIP), simple object access protocol (SOAP), or extensible markup language (XML) may be used to access MDTSF 108. Upon determining that a message deposit transaction is not allowed according to message screening rules 110, screening function 108 may generate and return response message 112 to SP 100 indicating that access to message server 114 is denied. In response to receiving response message 112 from MDTSF function 108, SP 100 may end the call. For example, SP 100 may generate an ISUP release (REL) message 116 and transmit REL message 116 to the originator of ISUP IAM 102.
In an alternate embodiment, MDTSF 108 may be co-located with an advanced message routing function. An advanced message routing function is described in commonly assigned, co-pending U.S. patent application Ser. No. 11/891,667, the disclosure of which is incorporated herein by reference in its entirety. It is appreciated that the advanced message routing function described in application Ser. No. 11/891,667 may provide for determining a message server associated with the attempted message deposit transaction from among a plurality of message servers based on a received message routing query. Therefore, in this alternate embodiment, query 106 may also include information associated with an advanced message routing request. However, query 106 may initially be processed by screening function 108 and access may be denied for the attempted message deposit transaction before it is processed by the advanced message routing function, thereby avoiding the wasting of message system resources. Alternatively, if screening function 108 determines that the message deposit transaction was allowed, advanced message routing function may be invoked to determine the proper message server that is associated with the message deposit transaction.
In another embodiment, message deposit transaction screening may be performed internally at a softswitch or other suitable network node without querying an external message screening rules database. Thus, a softswitch may be configured to receive a signaling message for a call for which a message deposit transaction is indicated, and, utilizing a message deposit transaction screening function, determine whether the message deposit transaction is allowed. If the message deposit transaction is not allowed, the softswitch may prevent the message deposit transaction from being completed.
FIG. 2 is a diagram of an exemplary SS7 network for performing message deposit transaction screening at a message server according to an embodiment of the subject matter described herein. Unlike conventional message screening systems, the implementation illustrated in FIG. 2 screens message deposit transaction before allowing messages to be deposited with the message server. Referring to FIG. 2, switching point (SP) 200 may receive ISUP IAM message 202 including CdPN and CgPN identifiers 9193803814 and 9193457017, respectively. Upon receiving IAM 202, SP 200 may determine that called party 204 associated with CdPN 9193803814 is busy (or unavailable, e.g., no answer). In response to determining that the call cannot be completed, a message deposit transaction may be initiated. For example, SP 200 may modify IAM 206 to include a message server identifier and may route IAM 206 to message server 212. Therefore, this embodiment does not require modification to the conventional operation of SP 200. Rather, SP 200 modifies and redirects received IAM messages for attempted message deposit transactions.
However, in this embodiment, MDTSF function 208 may be co-located on, or integrated with, message server 212 and may be configured to intercept IAM message 206 before a message deposit transaction may be completed with message server 212. Specifically, MDTSF 208 may use one or more message deposit transaction parameters extracted from IAM 206, including the CdPN and the CgPN, to search message screening rules database 210 in order to determine whether the message deposit transaction should be allowed. In this example, the message deposit transaction is denied and MDTSF 208 sends a Release (REL) message to SP 200.
FIG. 3 is a diagram of an exemplary SIP MDTSF configured to operate in a query/response mode according to an embodiment of the subject matter described herein. Referring to FIG. 3, signaling point 300 may include any suitable packet network-based signaling point, including but not limited to an Internet multimedia subsystem (IMS) call session control function (CSCF), a session initiation protocol (SIP) proxy, a media gateway controller (MGC), or a softswitch. SIP SP 300 may be configured to receive a SIP INVITE message, such as INVITE message 302, requesting a voice transaction. A voice transaction may be determined, for example, if INVITE message 302 includes an SDP payload that identifies the requested media type as “audio”. SIP signaling point 300 may attempt to complete the call to SIP endpoint 304 by forwarding INVITE message 302 to subscriber 304. In this example, user 304 is busy and therefore may return a 486 Busy message 306 to SIP signaling point 300.
In response to determining that user 304 is busy (i.e. receiving busy message 306), SIP signaling point 300 may formulate a MDTSF query message directed to MDTSF 310. For example, query 308 may include a “To” parameter indicating user 304, a “From” parameter indicating the calling subscriber, and media type value. It is appreciated that while query 308 shown in FIG. 3 is a DIAMETER query, query 308 may be transmitted using an suitable networking protocol without departing from the scope of the subject matter described herein.
Based on the message deposit transaction parameters contained in query 308, MDTSF function 310 may determine whether to allow or disallow the message deposit transaction. For example, MDTSF 310 may search message screening rules database 312 solely based on the From field extracted from query 308 or, alternatively, may search message screening rules 312 based on multiple message deposit transaction parameters. These additional message deposit transaction parameters may include, but are not limited to, media type and timestamp information.
In this embodiment, MDTSF function 310 may be located at a SIP application server (AS), such as a SIP AS 314. In other embodiments, MDTSF 310 may be located at or integrated with an IP multimedia subsystem (IMS) AS or next generation network (NGN) AS. After determining one or more screening criterion for the attempted message deposit transaction, MDTSF 310 may generate and return response message 316 indicating whether the message deposit transaction is allowed. For example, response message 316 may be sent to SIP signaling point 300 and 486 Busy message 316 may be returned to the calling subscriber.
FIG. 4 is a diagram of an exemplary SIP network including a stand-alone message deposit transaction screening function and illustrating exemplary messages for providing network based message deposit transaction screening according to an embodiment of the subject matter described herein. In FIG. 4, multimedia message server (MMS) 418 may be communicatively coupled to SIP AS 414. In addition, SIP AS 414 is in the call path. Therefore, in this embodiment, the need for a query and response mechanism between SIP signaling point 400 and MDTSF 410 is eliminated.
Referring to FIG. 4, SIP signaling point 400 may be configured to modify SIP INVITE message 402 and relay the modified message 408 to MDTSF 410. For example, SIP signaling point 400 may modify INVITE message 402 to include a “Target” parameter, a “From” subscriber parameter, a media type parameter, and a “Cause” parameter within a header format such as the one described in IETF RFC 4458, the disclosure of which is incorporated herein by reference in its entirety.
Upon receiving INVITE message 408, MDTSF function 410 may apply one or more screening criteria to the attempted message deposit transaction. In this example, it is assumed that, based on the applied screening criteria, the message deposit transaction is not allowed. Accordingly, MDTSF function 410 may return generate SIP message 416 including a 486 Busy cause code to SIP signaling point 400. SIP signaling point 400 may relay 486 Busy message 416 to SIP signaling point 400 in order to terminate the transaction. Alternately, if message screening rules 412 indicate that the message deposit transaction was allowed, INVITE message 408 may be forwarded by SIP server 414 to MMS 418 for completing the desired transaction.
In addition to applying screening criteria to a message deposit transaction, MDTSF 410 may be configured to maintain statistics, call detail records, and/or transaction detail records associated with actions taken by MDTSF 410, including denial and allowance of message deposit transactions. These records may also be provided to subscribers or network operators without departing from the scope of the subject matter described herein.
FIG. 5 is a diagram of an exemplary SIP network including a message deposit transaction screening function co-located or in an MMS server and illustrating exemplary messages for providing network based video/voice/multimedia message deposit transaction screening according embodiment of the subject matter described herein. In FIG. 5, MDTSF 510 may be implemented in a “relay” mode. In the relay mode, SIP signaling point 500 may be configured to relay modified SIP messages associated with a message deposit transaction to an MMS server for processing without generating a separate query to MDTSF 510.
Referring to the embodiment illustrated in FIG. 5, SIP signaling point 500 may receive SIP INVITE message 502 directed to destination subscriber 504. SIP signaling point 500 may forward INVITE message 502 to subscriber 504. However, it is assumed that subscriber 504 is unavailable to complete the call and therefore returns a 486 Busy message 506 to SIP SP 500. SIP SP 500 may modify SIP INVITE message 502 to include one or more message deposit transaction parameters, such as a “Target” parameter, a “Cause” parameter, a “From” parameter, and a media type parameter, in order to generate SIP INVITE message 508, which is forwarded to MMS 514. Using at least a portion of the message deposit transaction parameters included in SIP INVITE message 508, MDTSF 510 may apply one or more screening criteria to the message deposit transaction. In the example shown, the message deposit transaction is not allowed and MDTSF 510 returns SIP 486 Busy message 516 to SIP signaling point 500 or, alternately, to the calling subscriber.
As stated above with respect to FIG. 4, statistics, call detail records, and/or transaction detail records associated with MDTSF denial/allowance actions may be maintained by MDTSF 510 and provided to subscribers or network operators without departing from the scope of the subject matter described herein.
FIG. 6 is a diagram of an exemplary SS7 network for providing network based message deposit transaction screening and selective call forwarding according to an embodiment of the subject matter described herein. Referring to FIG. 6, message screening rules database 612 may provide for the selective forwarding of message deposit transactions to a CdPN number other than the original CdPN. In the embodiment illustrated in FIG. 6, switching point (SP2) 600 may receive ISUP IAM message 602 from SP1 604 that includes a first CdPN identifier and CgPN identifier. In response to receiving IAM 602, SP2 600 may attempt to complete the call to subscriber 606. However, it is determined that called party 606 is unavailable (e.g., no answer, busy, etc.).
In response to determining that called party 606 is unavailable, SP2 600 may generate query message 608 directed to MDTSF 610, such as a TCAP query message. Query message 608 may include CdPN and CgPN identifiers included in IAM 602, and may be used to search message screening rules database 612. In addition to the allow/disallow screening rules described above, message screening rules 612 may also provide for forwarding the attempted transaction to an alternate CdPN. For example, MDTSF 610 may determine that subscriber 606 associated with CdPN identifier 9193803814 would like the call to be forwarded to another called party identifier (e.g., POTS identifier, mobile service subscriber identifier (MSISDN, MIN, etc.), uniform resource identifier (URI), Internet protocol (IP) address, etc.). In such a case, MDTSF 610 is adapted to return a call forward/redirection address identifier to the querying SP2 600 in response message 614.
In response to receiving response message 614, SP2 600 may generate ISUP REL message 618 and transmit REL message 618 to the originator of the ISUP IAM (i.e SP1 604). SP1 604 may then generate and send a RELEASE COMPLETE (RLC) message 620 to SP2 600. Thus, message screening rules 612 may provide for ensuring that even if a calling subscriber would otherwise be permitted to deposit a voice mail/video mail message, MDTSF function 610 may determine that the call should be instead forwarded/redirected.
FIG. 7 is a diagram of an exemplary SS7 network for providing network based message deposit transaction screening and selective call forwarding according to an embodiment of the subject matter described herein. Referring to FIG. 7, SIP signaling point 700 may be configured to receive SIP INVITE message 702 requesting a voice transaction. SIP signaling point 700 may then attempt to complete the call to called SIP endpoint 704. However, in this example, called SIP endpoint 704 may respond by generating and sending message 706 including Cause code “180 Trying.” In response, SIP signaling point 700 may formulate query message 708 directed to MDTSF 710 that includes information included in SIP message 706. In the example shown in FIG. 7, MDTSF query message 708 includes the calling or “From” parameter value, the called or “To” parameter value, the media type value, and a cause code value. Based at least on the calling party/“From” subscriber identifier and called party/“To” subscriber identifier MDTSF 710 may determine whether the attempted message deposit transaction is allowed. In other embodiments, MDTSF query 708 may include information which identifies the media type of the call, and the media type information may be used in conjunction with the To & From identifier information to determine whether the calling party/From subscriber is permitted to deposit a message in the voicemail/multimedia mail/video mail system.
If the result of the screening determination made by MDTSF 710 as described above indicates that the calling subscriber is permitted to deposit a message, MDTSF 710 may further be configured to determine whether the call should be forwarded to another called subscriber identifier, such as a mobile number. In this example, MDTSF 710 may determine that the call should be forwarded to TELURI 9194938001. Accordingly, MDTSF 710 may generate and send response message 716 to SIP signaling point 700, which in turn may generate new SIP INVITE message 720 addressed to TELEURI 9194938001. Thus, the embodiment in FIG. 7 provides for greater granularity in the number of actions that may be taken regarding a message transaction based on message screening/selective call forwarding rules provided by called subscriber 704. Specifically, called subscriber 704 may prefer for calls from a particular calling subscriber to be redirected to a secondary called subscriber identifier rather than simply blocked or allowed.
It is appreciated that while MDTSF function 710 is associated with an application server (AS) in the embodiment shown in FIG. 7, MDTSF 710 may also be co-located at or integrated with SIP signaling point 700, or any other suitable network element.
FIG. 8 is a diagram of an exemplary SIP network for providing network based message deposit transaction screening and selective call forwarding according to an embodiment of the subject matter described herein. Referring to FIG. 8, MDTSF 810 may be implemented in a “relay” mode, wherein SIP signaling point is configured to forward SIP INVITE message 808 to MDTSF 810 rather than generating a query and awaiting a response. In this embodiment, MDTSF 810 may be associated with a network element, such as a SIP server, an application server, or a SIP router. In alternate embodiments, INVITE message 808 may be addressed to voice mail/multimedia mail server 816 and MDTSF 810 may be configured to intercept the INVITE message.
In the example shown, SIP signaling point 800 may determine that called subscriber 804 does not answer and may be configured to modify SIP INVITE 802. SIP signaling point 800 may modify the INVITE so as to redirect the call/INVITE message to MDTSF 810. In this example the SIP message is redirected to a RequestURI associated with MDTSF 810 (i.e., MDTSF@VZW.com).
In this embodiment, even if the calling subscriber is permitted to deposit a voice mail/video mail message, the MDTSF may be configured to first determine whether the called subscriber would prefer for the call to be forwarded/redirected to another called subscriber identifier. In this example, MDTSF 810 may determine that the call should be forwarded to TELURI 9194938001. This call forwarding/redirection information is incorporated in the SIP INVITE message (or a new INVITE message, based on the received INVITE message is generated), and the modified message is communicated to the call forward/redirection address.
As described above with respect to FIGS. 4 and 5, statistics or call/transaction detail records associated with MDTSF denial/allowance/call forward-redirection actions may be maintained by the MDTSF function and subsequently provided to/accessed by subscribers or network operators without departing from the scope of the subject matter described herein.
FIG. 9 is a diagram of an exemplary SIP network for providing network based message deposit transaction screening and selective call forwarding according to an embodiment of the subject matter described herein. Referring to FIG. 9, MDTSF 910 may be co-located at or integrated with MMS 914. As such, SIP signaling point 900 may redirect SIP INVITE message 902 to MMS 914, where they may be initially processed by MDTSF 910.
As stated above with respect to FIGS. 4, 5, and 8, INVITE message 908 may include one or more parameters that may be used in conjunction with message screening rules database 912 to apply one or more screening criterion on the attempted message deposit transaction. In this example, application of the one or more screening criterion may result in a determination to redirect the transaction to an alternate called party identifier. For example, MDTSF 910 may modify INVITE message 908 to include RequestURI=TELURI9194938001 in order to generate INVITE message 916 and forward INVITE message 916 to wireless device 918 within wireless network 920 associated with TELURI9194938001.
FIG. 10 is a diagram of an exemplary data structure for providing network based message deposit transaction screening according to an embodiment of the subject matter described herein. Specifically, FIG. 10 illustrates exemplary “Blacklist” screening rules that may be applied to attempted message deposit transactions. Referring to FIG. 10, exemplary blacklist screening rules data structures 1000 and 1002 may include tables indexed by called subscriber IDs. In table 1000, column 1004 may contain one or more called subscriber IDs, including but not limited to one or more URIs or CdPNs. Column 1006 includes MDTSF screening rule IDs, where the MDTSF screening rule ID is used for differentiating between multiple screening rules associated with a single called subscriber ID in column 1004. Columns 1008 and 1010 may include “day of week” and “time of day” information for specifying a time period during which attempted message deposit transactions to the called subscriber are to be blocked. Column 1012 may include a message screening rule status indicator for indicating whether the exemplary blacklist screening rules stored in columns 1006-1010 are to be applied.
In exemplary message screening rules table 1002, columns 1014 and 1016 may include one or more called subscriber IDs and MDTSF screening rule IDs, respectively. However, rather than screening attempted message deposit transactions based on time information as illustrated in table 1000, screening rules table 1002 provides for screening message deposit transactions from specific calling subscribers and/or media types based on the list of blocked calling subscribers and blocked media types listed in columns 1018 and 1020, respectively.
For example, a calling subscriber associated with calling subscriber ID 9194938000 may attempt to call a called subscriber associated with 9193803814 who is unavailable to answer the call. Accordingly, a query may be generated and sent (or a signaling message may be forwarded) to a MDTSF for applying one or more screening criteria located in table 1002. Based on a search of column 1014 for called subscriber ID 9193803814 and column 1018 for calling subscriber ID 9194938000, the second row in table 1002 may indicate that an attempted audio message deposit transaction is not allowed. MDTSF may then terminate or otherwise indicate that access to a message server associated with the called subscriber is denied.
In one embodiment, message deposit transaction screening rules 1000 and 1002 may be provisioned by a network operator through a provisioning interface. In another embodiment, message deposit transaction screening rules 1000 and 1002 may be provisioned by a communications service subscriber via a GUI or Web interface. In yet another embodiment, a communications service subscriber may provision screening rules via a message service-based interface, such as a short message service (SMS) interface. For example, a subscriber may generate and send an SMS message to a short code associated with a screening rules provisioning interface, where the SMS message includes MDTSF screening rule information. It is further appreciated that while a table data structure is shown in the embodiments illustrated in FIG. 10, additional data structures suitable for performing message deposit transaction screening may also be used without departing from the scope of the subject matter described herein.
FIG. 11 is a diagram of an exemplary data structure for providing network based message deposit transaction screening including a whitelist functionality according to an embodiment of the subject matter described herein. Referring to FIG. 11, exemplary whitelist screening rules data structures 1100 and 1102 may include a table indexed by called subscriber ID. In table 1100, column 1104 may contain called subscriber IDs, such as telephone numbers or SIP URIs. Column 1106 may include one or more MDTSF screening rule IDs, where the MDTSF screening rule ID may differentiate between multiple screening rule entries associated with a single called subscriber ID. Columns 1108 and 1110 may each include “day of week” and “time of day” information for specifying a time period during which attempted message deposit transactions directed to the called subscriber are to be blocked. Column 1112 may include a message screening rule status indicator for indicating whether the exemplary blacklist screening rules stored in columns 1106-1110 are to be used for screening attempted message deposit transactions directed to the called subscriber ID listed in column 1104.
In exemplary message screening rules table 1102, columns 1114 and 1116 may include called subscriber IDs and MDTSF screening rule IDs, respectively, in a manner similar to that described above with respect to table 1100. In table 1102, rather than maintaining a list of blocked calling subscribers, screening rules table 1102 may provide for only allowing message deposit transactions from specific calling subscribers and/or media types based on the list of allowed calling subscribers and media types listed in columns 1118 and 1120, respectively.
As described above with respect to FIG. 10, screening rules tables 1100 and 1102 may be provisioned by a network operator through a provisioning interface. In another embodiment, these Message Service Screening Rules may be provisioned by a communications service subscriber via a GUI or Web interface. In another embodiment, screening rules 1100 and 1102 may be provisioned by a communications service subscriber via a message service-based interface, such as SMS.
FIG. 12 is a diagram of an exemplary data structure for providing network based message deposit transaction screening including call forward override functionality according to an embodiment of the subject matter described herein. Referring to FIG. 12, exemplary MDTSF “Call Forward Override” (CFO) rules may be used to override MDTSF blacklist/whitelist rules. Accordingly, CFO rules, such as those shown in tables 1200 and 1202, may be applied before whitelist and/or blacklist screening criteria are applied.
Exemplary CFO rules table 1200 may include one or more called subscriber IDs in column 1204 that are associated with a CFO rule ID, “Day or Week”, “Time of Day”, and Active Rule indicator in columns 1206, 1208, 1210, and 1212, respectively. Upon receiving a query or other message as described above, CFO rules table 1200 may be searched based on the called subscriber ID extracted in the message. For example, a transaction directed to called subscriber ID 9193803814 may be forwarded to the alternate subscriber ID listed in table 1202, for all times of day or week, as the first row in columns 1208-1212 associated with called party ID 9193803814 indicate that call forward override functionality is active and should be applied for all time periods: Referring to table 1202, if the transaction was initiated by calling subscriber ID 9194938000, then a lookup of columns 1214 and 1218 may result in locating the first row in table 1202. The first row in table 1202 indicates that audio transactions should be redirected to redirect address 9194938001. Upon determining the redirect address in column 1222, a MDTSF associated with CFO data structures 1200 and 1202 may generate or modify a signaling message to include the determined redirect address in the appropriate destination portion of the message header.
As mentioned above with respect to FIGS. 10 and 11, exemplary CFO rules data structures 1200 and 1202 may be provisioned by subscribers (e.g., via GUI/Web interface, SMS) or, alternately, via a network service provider.
FIG. 13 is a flow chart of an exemplary process for performing message deposit transaction screening according to an embodiment of the subject matter described herein. Referring to FIG. 13, in block 1300, a call setup signaling message for a call for which a message deposit transaction is indicated is received. The signaling message may include, for example, a TCAP query, an INVITE message, or any other suitable SS7, SIP, IMS, or NGN message associated with performing an attempted message deposit transaction.
In block 1302, a message deposit transaction parameter associated with the message deposit transaction is determined. For example, the message deposit transaction parameter may include a calling subscriber ID, a called subscriber ID, a timestamp, and a media type.
In block 1304, a screening criterion is determined for the message deposit transaction based on the at least one message deposit transaction parameter. For example, a blacklist, whitelist, or other data structure for storing one or more screening criterion may be searched based on the message deposit transaction parameters determined in block 1302. In one embodiment, an attempted message deposit transaction may be prohibited based on a lookup in a blacklist indicating that the calling subscriber is not allowed to perform any message deposit transactions with a particular called subscriber. It is appreciated, however, that the screening criteria applied in block 1304 may include a combination of multiple message deposit transaction parameters and multiple blacklists, whitelists, etc. without departing from the scope of the subject matter described herein.
In block 1306, a message deposit transaction screening action is performed based on application of the at least one screening criterion to the message deposit transaction parameter. For example, if the screening criterion indicates that the message deposit transaction is to be allowed, the associated message deposit transaction screening action may include forwarding the appropriate signaling message(s) to a network node for processing. Alternately, if the screening criterion indicates that the message deposit transaction is to be prohibited, the message deposit transaction screening action may include generating and returning a busy signal to the calling party. Such an embodiment has the benefit of disguising the true reason that the attempted message deposit transaction failed.
It will be understood that various details of the subject matter described herein may be changed without departing from the scope of the subject matter described herein. Furthermore, the foregoing description is for the purpose of illustration only, and not for the purpose of limitation, as the subject matter described herein is defined by the claims as set forth hereinafter.
performing a message deposit transaction screening action based on application of the at least one screening criterion to the message deposit transaction parameter, wherein performing the message deposit transaction screening action includes preventing the voicemail message from being deposited, wherein performing a message deposit transaction screening action includes redirecting the call setup signaling message to a called party identifier not included in the call setup signaling message.
2. The method of claim 1 wherein receiving the signaling message associated with the message deposit transaction includes receiving one of a signaling system 7 (SS7) message, a SIGTRAN message, and a session initiation protocol (SIP message).
3. The method of claim 1 wherein determining at least one screening criterion includes querying a message deposit transaction screening function.
4. The method of claim 1 wherein determining at least one screening criterion for the message deposit transaction includes accessing at least one of a whitelist, a blacklist, and a message deposit transaction redirection data structure.
5. The method of claim 1 wherein performing a message deposit transaction screening action includes generating a response message indicating whether the message deposit transaction is one of allowed, denied, and redirected.
6. The method of claim 1 wherein performing a message deposit transaction screening function action includes terminating the message deposit transaction.
7. The method of claim 1 wherein the determining and performing steps are performed at a network node.
8. The method of claim 7 wherein the network node includes one of a switching point, a softswitch, an application server, a SIP signaling point, and a multimedia message server.
9. The method of claim 7 wherein the network node includes a voicemail server and wherein the determining and performing steps are performed to determine whether to allow deposit of a voicemail message with a voicemail server.
in response to determining that the message deposit transaction is not allowed, preventing the message deposit transaction, wherein preventing the message deposit transaction includes preventing the voicemail message from being deposited and redirecting the call setup signaling message to a called party identifier not included in the call setup signaling message.
a message deposit transaction screening function communicatively coupled to the message screening rules database for receiving at least one call setup signaling message for a call for which a message deposit transaction is indicated, wherein the message deposit transaction comprises a voicemail message, determining at least one message deposit transaction parameter associated with the message deposit transaction based on the at least one call setup signaling message, wherein determining a message deposit transaction parameter includes determining at least one of a called party identifier, a calling party identifier, a uniform resource indicator (URI), a timestamp, a content type, and a cause code, determining at least one screening criterion for the message deposit transaction based on the at least one message deposit transaction parameter, and performing a message deposit transaction screening action based on application of the at least one screening criterion to the message deposit transaction parameter, wherein performing the message deposit transaction screening action includes preventing the voicemail message from being deposited, wherein performing a message deposit transaction screening action includes redirecting the call setup signaling message to a called party identifier not included in the call setup signaling message.
12. The system of claim 11 wherein the message deposit transaction screening function comprises one of a voicemail, videomail, and multimedia mail deposit transaction screening function.
13. The system of claim 11 wherein the message deposit transaction screening function is located on a voicemail server.
14. The system of claim 11 wherein the at least one signaling message comprises one of a signaling system 7 (SS7) message, a SIGTRAN message, and a session initiation protocol (SIP) message.
15. The system of claim 11 wherein the message deposit transaction screening function is configured to access at least one of a whitelist, a blacklist, and a message deposit transaction redirection data structure.
16. The system of claim 11 wherein the message deposit transaction screening rules function is configured to generate a response message indicating whether the message deposit transaction is one of allowed, denied, and redirected.
17. The system of claim 11 wherein the message deposit transaction screening rules function is configured to terminate the message deposit transaction.
18. The system of claim 11 wherein the message deposit transaction screening function is located at a network node.
19. The system of claim 18 wherein the network node includes one of a switching point, a softswitch, an application server, a session initiation protocol (SIP) signaling point, and a multimedia message service (MMS) server.
20. The system of claim 18 wherein the network node includes a voicemail server and wherein the message deposit transaction screening function is configured to determine whether to allow deposit of a voicemail message with the voicemail server.
prevent the message deposit transaction based on the response message, wherein the response message indicates that the message deposit transaction is denied, wherein the message deposit transaction query function is configured to prevent the voicemail message from being deposited and to redirect the call setup signaling message to a called party identifier not included in the call setup signaling message.
performing a message deposit transaction screening action based on application of the screening criterion to the message deposit transaction parameter, wherein performing the message deposit transaction screening action includes preventing the voicemail message from being deposited, wherein performing a message deposit transaction screening action includes redirecting the call setup signaling message to a called party identifier not included in the call setup signaling message.
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Application No. 200680051295


 ALBERTO MARTE and  JUAN PEREZ, Defendants.
KATHERINE A. ROBERTSON, UNITED STATES MAGISTRATE JUDGE.
The United States of America ("the government") requests that the court reconsider its decision denying Defendant Alberto Marte's and Defendant Juan Perez's (hereinafter collectively "Defendants") motion to compel discovery. Specifically, the government clarifies a representation it made at the hearing on Defendants' motion upon which the court relied to deny Defendants' request for discovery of the identity of a person who was identified by a nickname in an application for a court order authorizing a wiretap. By its motion to reconsider, the government asks the court to amend the basis for its denial of that discovery request and to deny the request on other grounds. For the reasons that follow, the court ALLOWS the government's motion for reconsideration and DENIES Defendants' motion to compel discovery of the individual's identification.
As a result of Defendant Alberto Marte's alleged involvement with a large-scale narcotics trafficking organization in Springfield, he is charged in a second superseding indictment with one count of conspiring to distribute heroin and to possess heroin with intent to distribute, in violation of 21 U.S.C. § 846, two counts of aiding and abetting distribution of heroin and possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2, four counts of distribution of heroin and possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841, one count of conspiring to distribute fentanyl and to possess fentanyl with intent to distribute, in violation of 21 U.S.C. § 846, and one count of possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924 (Dkt. No. 300). The same indictment charges Marte's co-defendant, Juan Perez, with one count of conspiring to distribute heroin and to possess heroin with intent to distribute, in violation of 21 U.S.C. § 846 (id.). The indictments were the result of an investigation conducted by the Springfield Resident Office of the United States Drug Enforcement Administration ("DEA"), which included court-authorized interceptions of wire and electronic communications occurring over the cellular telephones of members of the organization. See 18 U.S.C. §§ 2510-2520 ("Title III").
After the government responded to Defendants' twenty-one discovery requests on September 26, 2017, Defendant Perez rejoined with a motion to compel production of material in response to five of his original requests (Dkt. Nos. 341, 342). The court allowed Defendant Marte's motion to join Defendant Perez's motion to compel, and the government responded to Defendants' motion (Dkt. Nos. 347, 353). Defendants' motion to compel requested material regarding: (1) a wiretap conducted in the Dominican Republic that intercepted Defendant Marte's communications; (2) the government's funding requests; and (3) the identity of an alleged target of the Title III interceptions. After a hearing on Defendants' motion, and after receiving the government's response to the court's order for additional factual information regarding whether or not the DEA and law enforcement agents in the Dominican Republic were engaged in a joint investigation when Defendant Marte's communications were intercepted, the court denied Defendants' motion to compel (Dkt. No. 424). The government now has requested the court to reconsider its basis for denying Defendants' request for information regarding the identity of an alleged target of the wiretap due to the court's misinterpretation of a statement made by an Assistant United States Attorney ("AUSA") at the hearing on Defendants' motion to compel (Dkt. No. 426).
According to the government, its first Title III application indicated that they expected to intercept the communications of an individual identified only as "Flaco" (Dkt. No. 426 at 2 n.1).Defendants requested that the government be compelled to identify Flaco in order to determine whether or not Flaco was also a confidential informant ("CI"). Defendants contended that they needed Flaco's identity to demonstrate that the government's application in support of the Title III order misrepresented the necessity of the wiretap by failing to inform the issuing judge that Flaco was a CI who provided the government with information about the narcotics organization. See United States v. Gordon, 871 F.3d 35, 45 (1st Cir. 2017) (Title III requires "that the government . . . establish necessity as a prerequisite for obtaining a wiretap order."); 18 U.S.C. § 2518(1)(c) (each application for a Title III order must contain "a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous"). Defendants further posited that if Flaco was acting as a CI and the wiretap was not necessary, the government's failure to comply with the statute's requirements might be grounds for suppression of the intercepted communications. See 18 U.S.C. § 2518(10)(a) (listing grounds for motions to suppress intercepted communications). In a related contention, Defendants argued that the government's failure to disclose Flaco's status as a CI on the Title III application might constitute a false statement in the warrant application, which could be a basis to seek suppression of evidence under Franks v. Delaware, 438 U.S. 154 (1978). See Gordon, 871 F.3d at 51 ("To obtain a Franks hearing, a defendant must make 'a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and [that] the allegedly false statement is necessary to the finding of probable cause.'") (quoting Franks, 438 U.S. at 155-56).
The government opposed Defendants' request on the ground that they failed to demonstrate materiality as required by Fed. R. Crim. P. 16(a)(1)(E). Specifically, the government alleged that Defendants' contention -- that the government misrepresented the necessity for the wiretap in the Title III application by failing to fully disclose the use of CIs --was based on speculation. The government further contended that even if Defendants showed materiality, the true identity of Flaco, who the government will not call to testify at trial, is protected by the informer's privilege (Dkt. Nos. 353, 426).
During the discussion of Defendants' request for the identification of Flaco at the hearing on Defendants' motion to compel, the court understood the AUSA to state that Flaco was not a CI and denied Defendants' request on the basis of the AUSA's representation as an officer of the court (Dkt. No. 424 at 13-14). The government now clarifies the AUSA's statement by indicating that it will neither confirm nor deny Flaco's status as a CI because to do so could reveal his or her identity (Dkt. No. 426 at 4). Based on this clarification of the AUSA's statement, the court allows the government's request for reconsideration in the interests of justice. See United States v. Roberts, 978 F.2d 17, 21 (1st Cir. 1992) (citing Greene v. Union Mut. Life Ins. Co., 764 F.2d 19, 22-23 (1st Cir. 1985)). Moreover, the court is persuaded by the government's alternate grounds for opposing Defendants' motion to compel disclosure of Flaco's identity.
Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure requires the government to disclose items within its "possession, custody, or control" if a defendant demonstrates that the material he requests will "'enable [him] significantly to alter the quantum of proof in his favor.'" United States v. Goris, 876 F.3d 40, 44-45 (1st Cir. 2017) (quoting United States v. Ross, 511 F.2d 757, 762 (5th Cir. 1975)); Fed. R. Crim. P. 16(a)(1)(E). As discussed earlier, Defendants allege that they need Flaco's true identity to demonstrate that the government's Title III application failed to comply with 18 U.S.C. § 2518(1)(c) because it did not include a "full and complete statement" establishing the necessity for the wiretap. The government responds that its application met the requirement by completely describing the other investigative techniques that it had employed, including the use of CIs, and their shortcomings (Dkt. No. 426 at 10-12). Moreover, the AUSA indicates that the judge who issued the Title III order "was not misled" regarding necessity (Dkt. No. 426 at 7, 11-12). See Genereux v. Raytheon Co., 754 F.3d 51, 58 (1st Cir. 2014) (courts "'consider an express representation by an officer of the court to be a solemn undertaking, binding on the client.'") (quoting CMM Cable Rep., Inc. v. Ocean Coast Props., Inc., 48 F.3d 618, 622 (1st Cir. 1995)). Accordingly, there is no indication, beyond Defendants' speculation, that the government misled the judge who issued the Title III order regarding the necessity for the wiretap. See Goris, 876 F.3d at 45 (speculation is insufficient to satisfy the materiality requirement).


§ 127-3 Application for license.
§ 127-5 Issuance and duration of license.
§ 127-6 Denial and amendment of license.
§ 127-7 Rules and regulations promulgated by Control Commission.
§ 127-8 Supervision; suspension and revocation; inspection.
§ 127-11 Persons operating and conducting games; equipment; expenses; compensation.
§ 127-12 Charge for admission and participation; amount of prizes; award of prizes.
§ 127-13 Statement of receipts; expenses.
§ 127-14 Examination of books, records, and managers, disclosure of information.
§ 127-15 Appeals to Control Commission.
§ 127-16 Immunity from prosecution; exemption.
§ 127-17 Offenses; forfeiture of license; ineligibility to apply for license.
§ 127-18 Amendment and repeal.
Includes a specific game of change, commonly known as "bingo" or "lotto," in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
Includes only bona fide religious, charitable or non-profit organizations of veterans, volunteer firemen and similar non-profit organizations.
It shall be lawful for any organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the City of Albany subject to the provisions of this chapter, the provisions of article 14-G (Sections 475-499) of the General Municipal Law as amended and the provisions of the State Lottery Control Law.
Each applicant shall file with the City Clerk of the City of Albany a written application in the form prescribed in the rules and regulations of the control commission duly executed and verified.
In each application there shall be designated an active member or members of the applicant organization under whom the game or games of chance described in the application are to be held, operated and conducted, and there shall be appended to the application a statement executed and verified by the applicant and by the member or members so designated that he, she or they will be responsible for the holding, operation and conduct of such games of chance in accordance with the terms of the license and the provisions of this chapter, chapter 854 of the laws of 1957, as amended, and the rules and regulations of the Control Commission, if such license is granted.
In the event that any premises upon which any such game of chance is to be held, operated or conducted, or which is to be used for any other purpose in connection with the holding, operation or conduct thereof, is to be leased or rented from any person, persons or corporations the application shall be accompanied by a written statement signed and verified under oath by such person or persons or on behalf of such corporation, stating his or its address, the amount of rent to be paid for such premises and stating that such lessor, lessors or if a corporation all of its officers and each of its stockholders who hold more than ten percent (10%) or more of its stock issued and outstanding, are of good moral character and have not been convicted of a crime.
No person, firm, association, corporation or organization, other than an authorized organization licensed under the provision of this chapter, shall be permitted to conduct such games.
No single prize shall exceed the sum or value of two hundred fifty dollars ($250.).
No series of prizes on any one occasion shall aggregate more than one thousand dollars ($1,000.).
No person except a bona-fide member of such organization shall participate in the management or operation of such game.
The City Clerk shall cause to be investigated the qualifications of each applicant and the merits of each application, and the Chief of Police is hereby designated and empowered as the proper city official to conduct such investigation. The Chief of Police shall submit with due expedience a detailed report of the results of his investigation, including the due qualification of the applicant to be licensed, the relationship of the members under whom such games are to be conducted with the applicant, whether such persons are of good moral character or have ever been convicted of a crime, whether the conduct of such games will comply with all the provisions of law and rules and regulations applicable thereto, whether a commission, salary, compensation, reward or recompense of any nature will be paid to any person conducting or assisting in conducting such games of chance, whether a prize will be offered or given in excess of the sum or value of two hundred fifty dollars ($250.) in any single game or an aggregate of all prizes given in a series of games on a given occasion will exceed the sum or value of one thousand dollars ($1,000.), and such other questions or inquiries as the City Clerk may direct.
If the City Clerk shall determine that the requisite conditions have been met by the applicant, he shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee or fees of ten dollars ($10.) for each occasion upon which any games of chance are to be conducted under such license, which fees are to be paid to the City Clerk of the City of Albany.
On or before the 30th day of each month, the Comptroller of the City of Albany shall transmit to the State Comptroller a sum equal to fifty percent (50%) of all license fees collected by the City of Albany pursuant to this section during the preceding calendar month.
No license shall be issued under this chapter which shall be effective for a period of more than one (1) year.
No application for a license hereunder shall be denied by the City Clerk until after a hearing, held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
Any license issued under this chapter may be amended upon application to the City Clerk if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon the payment of such additional license fee, if any, as would have been payable if it had been so included.
The City Clerk, with the aid and cooperation of the Department of Police, shall have and exercise control and supervision over all games of chance held, operated or conducted under such license and shall have the power and authority to suspend any such license and, after notice and hearing, to revoke the same for violation of any provision of such license, this chapter, §§ 475 to 499 of the General Municipal Law, as amended, or the rules and regulations of the Control Commission. The City Clerk, or any officer designated by him, shall have the right of entry at all times into any premises where any such game of chance is being held, operated or conducted, or where it is intended that any such game of chance shall be held, operated or conducted, or any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same.
No person under the age of eighteen (18) years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued under this chapter unless accompanied by an adult.
No game or games of chance shall be held, operated or conducted under any license issued under this chapter more often than on six (6) days in any one (1) calendar month, or in any room or outdoor area where alcoholic beverages are sold during the progress of the game or games.
No person shall hold, operate or conduct any game or games of chance under any license issued under this chapter except an active member of the authorized organization to which the license is issued, and no person shall assist in the holding, operating or conducting of any game or games of chance under such license except such active member or member of an organization or association which is an auxiliary to the licensee or a member of an organization or association of which such licensee is an auxiliary or a member of an organization or association of which is affiliated with the licensee by being, with it, auxiliary to another organization or association, and except bookkeepers or accountants as hereinafter provided, and no such game of chance shall be conducted with any equipment except such as shall be owned absolutely or used without payment of any compensation therefor by the licensee, and no item of expense shall be incurred or paid in connection with the holding, operating or conducting of any game of chance held, operated or conducted pursuant to any license issued under this chapter, except such as are bona fide items of reasonable amount for goods, wares and merchandise furnished or services rendered which are reasonably necessary to be purchased or furnished for the holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting thereof under any circumstances whatever; no rental shall be paid for the use of any premises for holding, operating or conducting any such game of chance thereon or for any other purpose in connection with the holding, operating or conducting thereof unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 480 of Article 14-G, or which is in excess of the sum stated as the rental to be charged therefor in such statement; and no commission, salary, compensation, reward or recompense whatever shall be paid or given, directly or indirectly, to any person holding, operating or conducting, or assisting in the holding, operation or conduct of, any game or chance so held, operated or conducted, except that reasonable compensation may be paid to bookkeepers or accountants for bookkeeping or accounting services rendered according to a schedule of compensation prescribed by the rules of the Control Commission.
Not more than one dollar ($1.) shall be charged by any licensee for admission to any room or place in which any game or games of chance are to be held, operated and conducted under any license issued under this chapter, which admission fee, upon payment thereof, shall entitle the person paying the same to a card entitling him to participate without additional charge in all regular games of chance to be played under such license on such occasion, and no charge in excess of one dollar ($1.) shall be made for a single opportunity to participate in all special games to be played under such license on such occasion. No prize greater in amount or value than two hundred fifty dollars ($250.) shall be offered or given in any single game conducted under any such license, and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed one thousand dollars ($1,000.), and all winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game was played. No alcoholic beverage shall be offered or given as a prize in any such game.
Within fifteen (15) days after the conclusion of the holding, operating and conducting of any such game of chance, the authorized organization which held, operated or conducted the same, and its members who were in charge thereof, shall furnish to the City Clerk a duly verified statement showing the amount of the gross receipts derived from each game of chance, which shall include the sale of shares, tickets or rights in any manner connected with participation in said game or the right to participate therein, each item of expense incurred, or paid, and each item of expenditure made or to be made, the name and address of each person to whom each such item has been paid or is to be paid, with a detailed description of the merchandise purchased or the services rendered therefor, the net profit derived from each such game of chance, and the use to which such net profit has been or is to be applied, and a list of prizes offered and given with the respective values thereof, and it shall be the duty of such licensee to maintain and keep such books and records as may be necessary to substantiate the particulars of each such report.
The City Clerk and the control commission shall have power to examine or cause to be examined the books and records of any authorized organization to which any such license is issued so far as they may relate to any transactions connected with the holding, operating and conducting of any game of chance thereunder and to examine any manager, officer, director, agent member or employee thereof under oath in relation to the conduct of any such game of chance under any such license but any information so received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this chapter.
Any applicant for, or holder of, any license issued or to be issued under this chapter aggrieved by any action of the City, its officers or agents concerning an application which has been made or a license which has been issued, may appeal to the control commission from the determination of the city, its officers or agents, by filing with the City Clerk a written notice of appeal within thirty (30) days after the determination or action appealed from, and upon the hearing of such appeal, the evidence, if any, taken before the City Clerk, and any additional evidence may be produced and shall be considered in arriving at a determination of the matters in issue, and the action of the control commission upon said appeal shall be binding upon the City and all parties to said appeal.
No person or corporation lawfully conducting, or participating in the conduct of; possessing, selling or in any manner disposing of, any shares, tickets or rights to participate in; or permitting the conduct upon any premises owned by him or it of any game of chance conducted or to be conducted under any license lawfully issued pursuant to this chapter, shall be liable to prosecution or conviction for violation of any provision of Article 130 of the Penal Law or any other law or ordinance to the extent that such conduct is specifically authorized by this chapter, but this immunity shall not extend to any person or corporation knowingly conducting or participating in the conduct of any game of chance under any license obtained by any false pretense or statement made in any application for such license or otherwise, or possessing, selling or disposing of shares, tickets or rights to participate in or permitting the conduct upon any premises owned by him or it of any game of chance conducted under any license known to him or it to have been obtained by any such false pretense or statement.
Any person, association or corporation who or which shall make any false statement in any application for any such license or in any statement annexed thereto or shall pay any rental for the use of any premises for holding, operating or conducting any game of chance under this chapter or for any other purpose in connection with the holding, operating or conducting thereof, unless the amount of such rental is stated in a statement annexed to the application for the license as provided in § 127-3 of this chapter, or shall pay or receive any sum for such rental in excess of the sum stated as the rental to be charged therefor in such statement executed by him or on its behalf, or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating and conducting of games of chance under any such license or shall falsify or make any false entry in any book or record so far as they relate to any transaction connected with the holding, operating or conducting of any game of chance under any such license or shall violate any of the provisions of this chapter or of any term of such license shall be guilty of a misdemeanor and shall forfeit any license issued to it under this chapter and be ineligible to apply for a license under this chapter for one (1) year thereafter.
This chapter may be amended, from time to time, or repealed by the Common Council, and such amendment or repeal, as the case may be, may be made effective and operative not earlier than thirty (30) days following the date of enactment of the local law or ordinance effecting such amendment or repeal, as the case may be; and the approval of a majority of the electors shall not be a condition prerequisite to the taking effect of such local law or ordinance.
If any provision or application of this chapter or any provision or application of Chapter 854 of the Laws of 1957, as amended, to any municipality, person or circumstances shall be adjudged unconstitutional by any court of competent jurisdiction, the remainder of this chapter or the application of Chapter 854 of the Laws of 1957, as amended, to other municipalities, persons and circumstances shall not be affected thereby, and the Council hereby declares that it would have enacted this chapter without the invalid provision or application, as the case may be, had such invalidity been apparent.