In which case, how in the world will anyone sane consent to "I didn't like this call - prove me wrong or give me $10"? (Yes, yes, make a law, I got that. Good luck getting that passed.)
Once the law is in effect, that is. First, it needs to be passed - and then, not shot down as unconstitutional. Moving the burden of proof to the operator (a third party! Not even one of the endpoints) sounds...very brave.
My only guess is that you misunderstand what is being proposed. The spammer is not part of the transaction.