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House Votes to Launch Do-Not-Call List

Zendar writes "Yahoo! has a story on how it took less than an hour with a final vote of 412-8 to approve the 'do not call list'. "Votes to overturn the judge's order are expected mid-afternoon in both chambers, according to Republican leadership aides." The President is expected to sign today. Some choice quotes: "Fifty million Americans can't be wrong." and "This bill will pass faster than a consumer hanging up on a telemarker at dinner time." CNN also has the story."

1,007 comments

  1. How about an anti-spam bill? by __aaowgu6674 · · Score: 5, Insightful

    Why can't they pass an anti-spam bill as quickly?

    1. Re:How about an anti-spam bill? by Anonymous Coward · · Score: 1, Insightful

      It's much easier to track down violators of a do-not-call list because there are a limited number of phone companies with more control over their network.

    2. Re:How about an anti-spam bill? by igabe · · Score: 5, Insightful

      It's one thing to block a phone number. It's another to block an email.

      Email is complicated. While most telemarketers seem to call from inside the US, email comes from all over the world.

      Spam is too profitable and too complex to just stop with a finger. Making a quick initiative to block spam is often fatal as seen when the first spam filters came out. All of a sudden you didn't receive that one email saying you won the lottery. =)

      --
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    3. Re:How about an anti-spam bill? by faldore · · Score: 2, Insightful

      So you're saying that email solicitations are protected and phone solicitation are not? They are the same act, and eventually spam will become illegal when enough people get fed up.

    4. Re:How about an anti-spam bill? by PD · · Score: 1

      The only person that the 1st ammendment applies to at pdrap.org is me, because I own and operate that mail server. Everyone else connects there at my sufferance.

    5. Re:How about an anti-spam bill? by silicon+not+in+the+v · · Score: 0

      Yeah, from a legal perspective, this Do-non-call legislation should pretty much pave the way for passage of anti-spam laws, but from a reality view, spammers frequently hide their origin, making it hard to track down, and usually come from other countries, where we won't have the jurisdiction to enforce it.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    6. Re:How about an anti-spam bill? by gothicpoet · · Score: 3, Funny
      Because half of them will misunderstand and think it's a bill aimed at banning canned meat products.

      --
      Quoth he ::
      "It's all academic anyway..."
    7. Re:How about an anti-spam bill? by xanadu-xtroot.com · · Score: 1

      Why can't they pass an anti-spam bill as quickly?

      Ummm... because the US doesn't control the entire planet (no matter how much we think we do).

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    8. Re:How about an anti-spam bill? by nlinecomputers · · Score: 3, Funny
      Because half of them will misunderstand and think it's a bill aimed at banning canned meat products.


      And this would be a bad thing?
      --
      Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
    9. Re:How about an anti-spam bill? by pocketlint · · Score: 1

      All of a sudden you didn't receive that one email saying you won the lottery. =)

      I don't know what you're talking about. I still get at least twenty e-mails a day in my hotmail acocunt saying that I've won all sorts of great prizes!

      Next thing you know I'll get an offer telling me how to "Grow my manhood" too. What a great time to be alive!

    10. Re:How about an anti-spam bill? by the_2nd_coming · · Score: 1

      you are aware that Libertarianism IS conservative given our Constitution.

      --



      I am the Alpha and the Omega-3
    11. Re:How about an anti-spam bill? by I+am+Kobayashi · · Score: 2, Informative

      Well this isn't exactly an answer to your question, the reason they could pass this bill so easily is because it only consists of a few sentences. Text of the Bill

      --
      --Kobayashi--
    12. Re:How about an anti-spam bill? by Anonymous Coward · · Score: 0

      You are obviously a terrorist sympathizer and an unchristian one at that. The office of homeland security will be by shortly to inspect your red, white, and blue under-roos and if there is even the slightest browneye on old glory, you'll be made to pay pinko.

      Yes, I am a right wing republican, why do you ask?

    13. Re:How about an anti-spam bill? by hesiod · · Score: 2, Insightful

      > Because of the First Amendment you moron.

      Moron... Funny... You don't realize that it is individuals who have the right to free speech, not corporations. And although Corps are run by individuals, they don't have the right to force us to listen or even to waste our resources in their pursuit of free speech.

    14. Re:How about an anti-spam bill? by hesiod · · Score: 1

      > it only consists of a few sentences

      I never thought any U.S. government could be so short. It's a beautiful day when I can read the entire text without falling asleep or rolling my eyes.

    15. Re:How about an anti-spam bill? by Dashing+Leech · · Score: 1
      Yes, but you'd think it wouldn't be too hard to find them. After all, they are selling something. They need to supply a way for customers to contact them to order their product or service.

      True, a competitor may send spam out pretending to be that company (to get them in trouble), but then they also run the risk of providing more sales for their competitor. And can't a company do that with phones as well. (Yes, I suppose it's easier to demonstrate they didn't send it from phone records than email records, but that's only if it goes that far which would likely be rare.)

    16. Re:How about an anti-spam bill? by eyegone · · Score: 4, Informative

      Wrong.

      Both individuals (natural persons) and corporations (artificial persons) have rights protected by the First Amendment. Commercial speech, however, is protected less than other types of speech. This is why false advertising laws are constitutional and apply equally to corporations, sole proprietorships, and partnerships.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    17. Re:How about an anti-spam bill? by andrew_0812 · · Score: 1

      That is true, but by passing legislation against spam, we will stop some of it, and keep law-abiding corporations from deciding to use spam as a marketing vehicle.

      It is not a perfect solution, but spam should be considered illegal.

    18. Re:How about an anti-spam bill? by CrowScape · · Score: 2, Interesting

      Which is also wrong, but enforced that way. The First Amendment makes no distinction between personal, corporate, or commercial speech. "Congress shall make no law... abridging the freedom of speech." "Shall" does not mean "should," "no" does not mean "some." And saying Commercial speech doesn't deserve the same protection as personal speech under the First Amendment is ludicrous, as you have just admitted that Telemarketing is speech, so therefore no laws shall be made by Congress abridging it. "Congress" is also very specific ("shall consist of a House of Representitives and a Senate"- Article I, Section 1). If you want a Do-Not-Call list, it should be done through the individual States. I'm not saying this isn't how the system works, I'm just saying the system is broken and this is how the law is written.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    19. Re:How about an anti-spam bill? by mcmonkey · · Score: 1
      Actually, as much as we might want to think the protections of the First Amendment only extend to actual people, and not legal entities such as corporations, the legalities of the situation are not so clear, e.g. Nike's recent case.

      Just because corporations don't have the right to force you to listen doesn't mean they don't have the right to free speech.

    20. Re:How about an anti-spam bill? by EastCoastSurfer · · Score: 1, Insightful

      And although Corps are run by individuals, they don't have the right to force us to listen or even to waste our resources in their pursuit of free speech.

      I dislike telemarketer calls as much as the next guy, but is this something the govt. should really step into? /. is the place that seems to be a champion for freedoms except when it is one you don't like. I don't think this is a 1st amendment issue, but nonetheless it is limiting communication.

      Again, something about the govt. telling others who can and cannot call my phone doesn't sit well with me. I would feel more comfortable if the bill was more all or nothing. As it stands the govt. is setting up a few groups for special treatment as they are still allowed to call even if you are on the list.

      BTW, no one is forcing you to listen to a telemarket call. At any time you can hang up, or not even answer your phone to begin with. Also, while resources are being they are not being wasted. The telemarketing company is paying someone to make that call to your phone number.

    21. Re:How about an anti-spam bill? by jazman_777 · · Score: 1
      And this would be a bad thing?

      When you consider that Congress is all about pork barrel spending, yeah, it's bad for Congress.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    22. Re:How about an anti-spam bill? by the+argonaut · · Score: 2, Informative

      Assuming your first point is correct (which I do not totally agree with, but we'll assume it is for now), your last point is wrong. If implementing the DNC list is unconstitutional for Congress to pass due to viloating the First Amendment, then it is illegal for states to do so as well (Fourteenth Amendment Section 1, "No state shall...").

      --
      fuck you.
    23. Re:How about an anti-spam bill? by jcr · · Score: 2, Insightful

      The first amendment doesn't entitle anyone to use another person's property. Spamming is not a free-speech issue, it's a property rights issue.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    24. Re:How about an anti-spam bill? by BryanL · · Score: 1

      I agree with all of the above and would like to add one more: spam doesn't pull you from what you are doing to adress it. When the phone rings, I answer it. When I get e-mail, I don't know until I check for it. Legislating against something as intrusive, with 50 million people backing them, as telemarketing is a slam-dunk for politicians. Spam legislation will take more finesse.

    25. Re:How about an anti-spam bill? by garvon · · Score: 1

      Hey I like spam (the canned meat type that is)

    26. Re:How about an anti-spam bill? by CrowScape · · Score: 2, Interesting

      Except the fourteenth applies only to rights. No where in the US Constitution is freedom of speech called a right. As the fourteenth amendment is written, it would prevent the States from making Congress make a law. As late as 1922, the courts held "neither the 14th Amendment nor any other provision of the Consitution of the United States imposes upon the states and restrictions abot 'freedom of speech'..." The language of the Consitution was not amended (it's far more than a "reinterpritation" what they had to do to it) until 1925, with the case of Gitlow v. New York. Again, the Consitution is written much differently than how it is applied with regards to the fourteenth amendment.

      "For present purposes we may and do assume that freedom of speech and of the press - which are protected by the 1st Amendment from abridgment by Congress - are among the fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states."

      So you're in fact seeing the results of all this jossling of Consitutional language. Where there once was, as the Constitution is written, a consistant method for applying these laws that could be understood fairly easily, we are now faced with very inconsistant and contradictory laws, where rights are being both expanded and constrained (in some cases, thrown out entirely) at the whim of the courts. In fact, when arguing law, it's best to just toss the Consitution out the window, as it has little actual influence on a case as the courts simply amend parts they do not like. That's a comforting fact, isn't it?

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    27. Re:How about an anti-spam bill? by Darren+Winsper · · Score: 1

      Eh? The US government is passing a law which amounts to a list of people saying "do not call me". What's wrong with that? They don't have to go on the list.

      It's even more black and white with spam. After all, spam costs me in time, resources and even money. Your right to free speech ends with spending my private money to express it.

    28. Re:How about an anti-spam bill? by diablobynight · · Score: 1

      actually it wouldn't be that difficult at all, because although the mail may be coming from other countries, the money trail will lead back to the host company in the US. Just have a list of emails that are not allowed to be spammed, set up a definition for what spam is, and make the fine so absurd, so grievous that the government will only have to go after one or two companies to get the point across. Or just make it that whenever someone breaks the spam rules, their home address and true public IP get listed online. Then thing will just "work" themselves out. lol

      --
      Anonymous Cowards - Oh God, How I hate you
    29. Re:How about an anti-spam bill? by pmz · · Score: 2, Insightful

      Spamming is not a free-speech issue, it's a property rights issue.

      Good point. Telemarketing is, too. Too bad a rifle doesn't seem so threatening over a phone line.

      It seems that telemarketing and SPAM are begging for a technological solution, equivilent to a no-trespassing sign, rather than a legal solution.

    30. Re:How about an anti-spam bill? by DragonTHC · · Score: 1

      spam is mysterious and obfuscated.

      "fifty million americans can't be wrong" unless they're using napster.

      --
      They're using their grammar skills there.
    31. Re:How about an anti-spam bill? by netruner · · Score: 1

      Why can't they pass an anti-spam bill as quickly?

      You could say this about anything. Now we've seen how quickly they can react when they want to. The question is: What button did we push to get this fast reaction, and how can we apply it to other pressing issues?

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    32. Re:How about an anti-spam bill? by CrowScape · · Score: 2, Interesting

      One more thing, to illustrate how inconsitant this is, here's some of the decision of Beuharnais v. Illinois:

      "The liberty which the Due Process Clause of the Fourteenth Amendment protects against denial by the States is the liberal and identical 'freedom of speech or of the press' which the First Amendment forbids only Congress to abridge . . . the powers of Congress and of the States over this subject are not of the same dimensions, and that because Congress probably could not enact this law it does not follow that the States may not."

      By extension, everything "guaranteed" in the Constitution is not guaranteed at all, but subject to the whim of the courts. Of course, the Constitution did not grant the courts this power. The way our judicial system is working today is, in fact, unconstitutional.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    33. Re:How about an anti-spam bill? by Trepalium · · Score: 1

      Actually, resources are being wasted. Most telemarketers use predictive dialing, which means the company dials up your number, because it is predicted that a representative will be available soon. They were prohibited from allowing a machine answer, so if a representative is not available by the time you pick up your phone, the machine hangs up.

      BTW, no one is forcing you to listen to a telemarket call. At any time you can hang up, or not even answer your phone to begin with. Also, while resources are being they are not being wasted. The telemarketing company is paying someone to make that call to your phone number.
      Yes, it's true, I don't have to listen to the call, and yes, I can hang up on them, but not answer the call; how would I do that? Many telemarketer calls come in with the caller ID saying "BLOCKED NUMBER" or "UNKNOWN NUMBER". How do I know if that's a telemarketer? It could be from somewhere rural where caller ID is not supported, or from a business I've dealt with that is in a similar situation. The DMA is opposed to anything that would restrict their businesses, and I'm sure some jobs would be lost in that industry. Or maybe they'll just find they can harass people twice as often now...
      --
      I used up all my sick days, so I'm calling in dead.
    34. Re:How about an anti-spam bill? by bief · · Score: 1
      Speaking of quickly the bill passed at 5:50 PM EST.

      Here is the text of the bill that is now headed to the President:

      To ratify the authority of the Federal Trade Commission to establish a do-not-call registry. (Introduced in House)

      HR 3161 IH

      108th CONGRESS

      1st Session

      H. R. 3161

      To ratify the authority of the Federal Trade Commission to establish a do-not-call registry.

      IN THE HOUSE OF REPRESENTATIVES

      September 24, 2003

      Mr. TAUZIN (for himself, Mr. DINGELL, Mr. UPTON, and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Energy and Commerce

      A BILL

      To ratify the authority of the Federal Trade Commission to establish a do-not-call registry.

      Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

      SECTION 1. NATIONAL DO-NOT-CALL REGISTRY.

      (a) AUTHORITY- The Federal Trade Commission is authorized under section 3(a)(3)(A) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)(A)) to implement and enforce a national do-not-call registry.

      (b) RATIFICATION- The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003, is ratified.

    35. Re:How about an anti-spam bill? by EastCoastSurfer · · Score: 1

      Most telemarketers use predictive dialing, which means the company dials up your number, because it is predicted that a representative will be available soon.

      Every predictive dialer I have seen does not hang up on people they get on the phone. The point of predictive dialing is to weed out the answering machines/bad numbers/no one home thing. I have only dealt with dialers in industries other than telemarketing though. I would think that even if a dialer does hang up on a contact that the telemarketing company still pays some sort of fee for the call. This is why I have a hard time believing that they knowingly hang up on contacts. If I was running a telemarketing firm and knew the people running my dialers where hanging up on live contacts I would have a shit :p

    36. Re:How about an anti-spam bill? by EastCoastSurfer · · Score: 1

      The US government is passing a law which amounts to a list of people saying "do not call me"

      If they are making a list, lets make it complete though. Non-profits can still call you, as can political organizations, and survey takers. I wonder how long it will be until every telemarketer starts off like this:

      You: "Hello"
      TM: "Do you own a vacuum?"
      You: "Yes"
      TM: "Well I have something to sell you."

    37. Re:How about an anti-spam bill? by diablobynight · · Score: 1

      How quickly do you want our government overturning supreme court decisions or passing bills. That's how we got the damn patriot act. I don't think, even in the nature of getting telemarketers of my back, is it a good idea for our governing body to ever make a decision so rashly. They say 50 million americans can't be wrong, to that I wonder what we could easily convince 50 million americans of. Get rid of taxes, ok, well 50 million americans can't be wrong, oh shit, now we have no defense budget, guess we'll have to rely on the hippies and pussies of america to pick up firearms and defend us. anyhow I am just saying that any matter where the supreme court is overturned should never be taken so lightly

      --
      Anonymous Cowards - Oh God, How I hate you
    38. Re:How about an anti-spam bill? by mi · · Score: 1
      Why can't they pass an anti-spam bill as quickly?
      Oh, they will -- as soon as someone comes up with a definition of spam, that's better than: "I know it, when I see it."
      --
      In Soviet Washington the swamp drains you.
    39. Re:How about an anti-spam bill? by Hott+of+the+World · · Score: 1

      Half of the telemarketing calls I get do not have people on the other end. You must be on the "nice" telemarketer's list.

      --
      | - | - |
    40. Re:How about an anti-spam bill? by Darren+Winsper · · Score: 1

      I doubt it, since then it's not a survey.

    41. Re:How about an anti-spam bill? by EastCoastSurfer · · Score: 1

      The above example could easily be argued to be a survey about who owns vacuums. How many questions need to be asked for it constitute a survey? Are survey takers not allowed to attempt to sell something?

      How about a survey taker who takes a survey then asks if they can contact you again, but unknown to you it will be their sales division to contact you next?

      There are so many holes in the current bill, it is clear that it was drawn up too hastily. I say they go back to the drawing board and allow me to stop ALL unsolicited calls or don't bother with it.

    42. Re:How about an anti-spam bill? by Darren+Winsper · · Score: 1

      A survey is just that, a survey. They ask you a set of questions regarding a topic for the purpose of information gathering. As soon as they then turn around and try to sell you something, it stops being a survey.

    43. Re:How about an anti-spam bill? by Gameboy70 · · Score: 2, Insightful

      I dislike telemarketer calls as much as the next guy, but is this something the govt. should really step into? /. is the place that seems to be a champion for freedoms except when it is one you don't like. I don't think this is a 1st amendment issue, but nonetheless it is limiting communication.

      It's no different than limiting my ability to transmit over an FM frequency alloted to a commercial station. By the way, not all freedoms are equal. I value freedom from soliciting much higher than freedom to solicit. No one bans you from hanging a "No Soliciting" sign on your front gate. Why should your phone be any different?

      Again, something about the govt. telling others who can and cannot call my phone doesn't sit well with me.

      Actually, it's you telling others (solicitors) not to call you; the government merely facilitates and enforces your wish.

      BTW, no one is forcing you to listen to a telemarket call. At any time you can hang up, or not even answer your phone to begin with.

      But you can't prevent being interrupted, at least without blocking other callers. If given a choice between opting out of all telemarketing calls or taking a moment for each and every call to discern whether or not the caller is a telemarker, no one in his right mind would choose the latter.

      Also, while resources are being they are not being wasted. The telemarketing company is paying someone to make that call to your phone number.

      Yes, the best way to induce people to interrupt others and convince them to buy things they don't need is to pay them. The best way to keep people from doing this is to stop paying them.

    44. Re:How about an anti-spam bill? by Trepalium · · Score: 1

      Telemarketer dialers don't exist only to weed out answering machines, bad numbers, etc, they also exist to maximize the time the telemarketer spends on the phone with the mark. A low proportion of them end up hung up on because of this (maybe only 1 in 10 or 20), but it does happen, and the cost of the call is less than the cost of the telemarketer spending waiting for someone to pick up the phone. Look at it this way, maybe a call only costs $0.05 to make, but it would take $0.08 for a telemarketer making $5/hr for 1 minute of waiting. Losing $0.05 on 1/20 of calls is an acceptable loss instead of losing more on telemarketers waiting for someone to pick up.

      --
      I used up all my sick days, so I'm calling in dead.
    45. Re:How about an anti-spam bill? by Anonymous Coward · · Score: 0

      I, for one, would welcome our new tax-free-government overlords. Let them serve on a strictly voluntary basis. And I'm tired of paying that FICA guy half my paycheck.

    46. Re:How about an anti-spam bill? by batobin · · Score: 1

      I don't know if I should honor your post with a reply, given that I attend Berkeley and you offended me and quite a few of my classmates. However, I can try.

      I believe Congress was able to act quickly because the debate over this issue has already happened. As you might have forgotten, Congress authorized the FTC to setup this list several months ago. What Congress did today was formally spell out the FTC's new privilege. The overturning court faulted the list merely because the privilege had not been spelled out. It was more of a technicality than anything else.

      Now, are you going to apologize for calling me a pussy?

    47. Re:How about an anti-spam bill? by Jucius+Maximus · · Score: 1
      "Email is complicated. While most telemarketers seem to call from inside the US, email comes from all over the world."

      Not necessarily. There is a lot of Telemarketing targetting the USA that is based in Eastern Canada. This is because of the higher than average unemployment rates in the area so more people are willing to accept minimum wage for drugery-style work. The (somewhat) bilingual population allows them to telemarket to french Canada as well. I knew one guy who once worked there and they were instructed to lie to Americans if asked about their location, saying that they were actually in North Carolina.

    48. Re:How about an anti-spam bill? by Fnkmaster · · Score: 1
      That is a rather dumb interpretation of the Constitution. Even the most flagrantly constructionist, literalist interpretation of the Constitution acknowledges that in certain cases, fundamental rights may come in conflict with each other, and there is a need for prioritization of rights. Clearly in some cases your right to "free speech" is limited if that speech can impinge on my right to life, liberty or the pursuit of happiness. What then? And the right to privacy is one that any rational person agrees exists in some form (and it goes waaay back to English common law, the basis and tradition on which our Constitution was built). What happens when my right to privacy within my own home conflicts with your right to say what you want?


      First Amendment absolutism is just as silly as any other absolutism. How about we learn to read the First Amendment as "Congress shall make no law abridging the freedom of speech, except when that freedom of speech conflicts with other basic human rights, and in those cases, we have a judicial and legislative system for making those tough, subtle trade-offs."

    49. Re:How about an anti-spam bill? by CrowScape · · Score: 1

      What right to free speech? I already said it does not exist in the Constitution. What right to life, liberty or the pursuit of happiness? That's the Declaration of Independance, not law. Right to privacy? No, you have the right to be secure in your person, house, papers, and effects against unreasonable searches and seizures (of course, the courts have ammended that to mean only from unreasonable government searches and seizures, another way they've screwed up.) Note that information about you or your activities is not protected, which is necessary for privacy. If you want to argue that telemarketing constitutes an unreasonable seizure of your phone line, great! I wish you luck and I could see that having a basis in the Constitution. But don't say "Commercial speech isn't protected speech" because that's ASSININE! All speech is protected from Congress's interference by the Constitution.

      Show me where in the Constitution it says English common law is to be applied? I know from Article I that Congress and Congress alone shall make all laws regarding the Federal government, and Congress is defined as comprising of a House of Representitives and a Senate, so how can the English make laws that we are bound by?

      How about we just learn to read? You may be content with nine people who you have not elected deciding what rights you do and do not have regardless of what the law says. I, on the otherhand, find that to be a bit frightening, especially when the Constitution as written will allow a ban on telemarketing WITHOUT sacrificing Constitutional guarantees in the process. If the law can just be changed, tossed out, or created as the judicial branch sees fit, then why even bother having a legislative branch in the first place?

      And you know what? Relativism is a bunch of horseshit.

      I'm going to go and dig up an empiricle version (how the courts have amended it) of the First Amendment for you to read, and tell me if you honestly think it is better.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    50. Re:How about an anti-spam bill? by CrowScape · · Score: 1

      Here it is:

      No State legislature or the Congress of the United States shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of all media of information; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. This general prohibition shall be subject to the following elaborations, extensions, restrictions, limitations, interpretations and conditions:

      With respect to: 1. An establishment of religion:

      a. Generally, all legislation and executive action shall have a secular purpose and primary effect that does not advance, inhibit or cause excessive government entanglement with religion;

      b. Religious oaths for public office or employment shall not be administered, nor any religious qualifications required therefor;

      c. Traditional prayers in public bodies, such as legislative chambers, not amounting to religious endorsement or indoctrination, shall be tolerated;

      d. Public displays, official symbols and expressions and proclamations recognizing the historical origins, practices and observations of religions as part of the Nation's heritage, promoting religion merely in an indirect, remote and incidental manner, shall be allowed;

      e. Laws that coincide with religious doctrine or laws passed without undue religious influence, or excessive involvement, shall be valid;

      f. Sunday closing laws shall be recognized as having acquired a primarily secular purpose;

      g. Public fora and facilities for the exchange of ideas, available for public use, shall not be restricted to the propagation of either religious or secular views;

      h. The traditional grant of tax exemption to religious property shall be upheld;

      i. Parochial schools at the elementary and secondary levels engaging in substantial religious indoctrination shall not be granted direct governmental assistance in any form, or indirect assistance through grants to students, except where its purpose is clearly secular, separate, and easily segregable from any religious purpose, and the administration of which involves minimal governmental entanglement, or where assistance is provided under the general police power of a State extended to all persons and institutions. But universities and other post-secondary church-related educational institutions may be granted government benefits or assistance towards the construction of segregated facilities unreservedly guaranteed to be used for secular educational purposes only;

      j. Direct aid to primary and secondary level parochial school students not provided on the premises of their schools, except public health services which may be given therein, clearly aimed at improving secular education available to all students, including those attending public schools; and income tax deductions for tuition and other educational expenses available to all taxpayers, shall be permitted;

      k. Public school facilities shall not be utilized for any overtly or covertly religious or religion-inspired purpose, except that teaching about religion in a historical context in an academically objective manner shall not be proscribed; and school policies and practices shall accommodate, off-premises, the free exercise of religion, by individual students or groups thereof; and

      l. Persons directly affected by any claimed breaches of this section shall have standing to complain and request judicial remedies in any State or Federal court having the required jurisdiction.

      2. The free exercise of religion:

      a. The freedom to hold or reject, without any coercion, religious beliefs shall be absolute, and the free expression of such beliefs or rejections, and the free exercise of religious practices, shall only be curtailed to the extent that they contravene the free speech restrictions imposed in this article, and other proscribed conduct pursuant to legislation enacted for the protec

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    51. Re:How about an anti-spam bill? by CrowScape · · Score: 1

      Correction to the citation at the end. This version of the First Amendment was compiled by Dr. Thomas Ladanyi.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    52. Re:How about an anti-spam bill? by CrowScape · · Score: 1

      Just one more thing. Amendments, by definition, superceed anything that has come before. Therefore, if the First Amendment conflict with anything in the Constitution (before the Bill of Rights), the First Amendment superceeds it. If the Fourth Amendment conflicts with anything in the Constitution or Amendments 1-3, the Fourth superceeds it. If the Fourteenth Amendment conflicts with anything in the Constitution or Amendments 1-13, the Fourteenth superceeds it. This isn't a hard system to figure out, and certainly doesn't require the courts to sort it out by re-wording the document.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    53. Re:How about an anti-spam bill? by fltsimbuff · · Score: 1

      Agreed... the DO NOT CALL list is equivalent to putting a NO TRESSPASSING sign in your yard.
      It is pretty ridiculous that people are actually trying to say it violates an amendment.
      Calling someone's telephone, and taking time on the line that they pay for, should be regulated.

    54. Re:How about an anti-spam bill? by Anonymous Coward · · Score: 0

      You idiot! The government isn't saying who may and may not call you. The government is merely providint the means for YOU to make that decision! i have the right not to answer my phone?!?!? you want me to stop using a device and a service I PAID FOR just so some retard who can't get a real job can exercise his freedom of speech? and who's the idiot who modded you up to a "3 Insightful"?!?! God help us.

    55. Re:How about an anti-spam bill? by diablobynight · · Score: 1

      Because you go to Berkley, was I supposed to be impressed by that, bush went to Yale and he is still an idiot, so I am not much impressed by your going to Berkley, and I certainly would never apologise to a hippy going to liberal school. Next thing I know you'll be advocating gun laws.

      --
      Anonymous Cowards - Oh God, How I hate you
    56. Re:How about an anti-spam bill? by batobin · · Score: 1

      Whatever helps you sleep better at night. By the way, next time try to actually refute my arguments. Oh, and work on those spelling and grammatical errors as well.

    57. Re:How about an anti-spam bill? by blitziod · · Score: 1

      which is EXACTLY what telemarketing companies wil do if a federal DNC list is passed. Although the more reputible companies will stay around, just charge people more for services they actually want( long distance, credit cards, etc)

      --
      The only way to bust a doper--is when you yourself become a smoker!
    58. Re:How about an anti-spam bill? by blitziod · · Score: 1

      yoru still a pussy...j/k

      --
      The only way to bust a doper--is when you yourself become a smoker!
    59. Re:How about an anti-spam bill? by blitziod · · Score: 1

      the states can not do a DNC list because they can not , by law, regulate interstate commerce. Most telemarketing is done state - state.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    60. Re:How about an anti-spam bill? by blitziod · · Score: 1

      how about hello, do you own a vaccuum? NO Would you like to know how oto get one Really cheap?? How? your would great! I will have one of our reps contact you. thnks bye! The above under the current rules is a request for information. It would allow the company to call the person for 3 months.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    61. Re:How about an anti-spam bill? by Darren+Winsper · · Score: 1

      I imagine that would come under fraud laws. After all, they're reading a script, they won't be taking any statistics or using them for anything useful.

    62. Re:How about an anti-spam bill? by diablobynight · · Score: 1

      I suppose it is bad to mispell things or have grammatical errors, but quite honestly I type quickly and just try and get my thoughts down, I reserve this commenting for the little free time I have because I believe strongly in the need for communication. In the future I will make an effort to edit my messages more precisely seeing as how it is obviously very very important that I follow a set of grammatical rules that were just made up in the first place.

      --
      Anonymous Cowards - Oh God, How I hate you
    63. Re:How about an anti-spam bill? by batobin · · Score: 1

      Haha. For the record, I play for the Cal Ice Hockey Team. Don't make me kick your ass. :)

    64. Re:How about an anti-spam bill? by batobin · · Score: 1

      Fine. You don't have time to spell correctly. Whatever. Do you have anything to say about my original post? I believe I answered your argument, and you've done nothing but insult me.

      If I've sufficiently answered your original post, please let me know. That way I can devote the little free time that I have to better uses.

    65. Re:How about an anti-spam bill? by d34thm0nk3y · · Score: 1

      Is it really a good idea to let the government of the USA start making laws about the internet?

    66. Re:How about an anti-spam bill? by Westech · · Score: 1

      We'll really need one now. I shudder to think how much spam will increase as companies look for alternative ways to recoup their telemarketing profit.

  2. Representative government? by Ghazgkull · · Score: 5, Informative
    The eight who voted against the bill were: Ron Paul, R-Texas; Jeff Flake, R-Ariz.; Kendrick Meek, D-Fla.; Tim Ryan, D-Ohio; Ted Strickland, D-Ohio; Lee Terry, R-Neb.; Rob Bishop, R-Utah, and Chris Cannon, R-Utah.


    Hopefully voters will remember how well the dissenting congressmen "represented" them the next time they go to the polls.
    1. Re:Representative government? by faldore · · Score: 1

      now can we have their addresses and phone numbers, so the T.P. can commence?

    2. Re:Representative government? by VAXcat · · Score: 1

      Intersting you would say that, in light of your sig, since this list includes Ron Paul, the only Libertarian in Congress

      --
      There is no God, and Dirac is his prophet.
    3. Re:Representative government? by Anonymous Coward · · Score: 0

      A friend of mine stated the following I am quoting him:
      "Isn't it amazing, somehow advertisers can invade our privacy with
      impunity and anything to stop anyone from violating one of our prime
      rights is illegal.

      So, I guess it is time to start agitating to get a law passed that bans
      ALL uninvited calls including those from politicians and charities."

      I couldn't agree with him more...

    4. Re:Representative government? by The+Old+Burke · · Score: 0, Troll
      Hopefully voters will remember how well the dissenting congressmen "represented" them the next time they go to the polls.
      I do think that those people that will loose their jobs because of this will remember this too.

      "Representative government" goes both ways.

      --
      Proud patriot and republican voter.
    5. Re:Representative government? by drakaan · · Score: 1

      Somehow, I doubt the "do not call" list will be most people's deciding factor in the election. Even for people who don't just vote straight along party lines.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    6. Re:Representative government? by wizzy403 · · Score: 1

      Perhaps we should call them up at dinner time and ask them how they like being disturbed?

    7. Re:Representative government? by ptbarnett · · Score: 4, Informative
      Ron Paul is the House gadfly. He's a former Libertarian candidate for President, and reflexively votes against anything that expands government regulation.

    8. Re:Representative government? by funbobby · · Score: 1

      If they have a lot of people in their district who work as telemarketers, they are representing them.

      But if I lived in one of those districts, yeah, I would be pretty mad.

    9. Re:Representative government? by brundlefly · · Score: 1

      They may very well have been representing their constituencies. Most of the reps on this list are Libertarians. In principle they object to the government intruding into business practices. This is just another form of said intrusion (albeit a popular one).

    10. Re:Representative government? by Aggrazel · · Score: 3, Insightful

      "Ted Strickland, D-Ohio;"

      "Hopefully voters will remember how well the dissenting congressmen "represented" them the next time they go to the polls."

      I don't know any of the rest of them but I do know Ted Strickland. Ted Strickland wants to protect peopele's jobs in his area, and yes, there is at least one Telemartking firm located in his district in southeastern Ohio that employs at least 500 people.

      Now I have no clue how many of those jobs may or may not be lost by this bill, but the fact is, he is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare. My brother in law worked for the firm for a time. In that impovershed area of the country good paying jobs are hard to come by.

      So yes, I think Mr. Strickland represented his area well. He wanted to protect some jobs that some people have, regardless of the slight inconvenience of a few.

    11. Re:Representative government? by Anonymous Coward · · Score: 0

      His nickname is "Dr. No" cause if it isn't in the constitution, he isn't voting for it.

    12. Re:Representative government? by Peyna · · Score: 2, Insightful

      Representative government does not mean the will of the majority is neccesarily what is right for everyone. This is more so a case of wanted to make people happy so they will get re-elected, than having any sort of respect for something higher than that.

      Rest assured that those who claim to be representing the will of the people are only doing so on their own self-interests, and couldn't give two pence about whether or not you are called during dinner.

      Anyway; I would have to say that I am in support of a bill that makes it possible to say "I do not wish to be called by any organization with which I do not already have a standing business association (or is not a newspaper, FOP, fire department, non-for-profit org. or any other number of exemptions)." Really all this does it make it easier for the average person to preemptively tell people to not call them rather than having to ask everyone individually not to call you.

      But, my initial point was that a representative government goes beyond majority rule. It is the duty of the majority to protect the minority (perhaps telemarketing employees in this case). I would imagine if our representatives always voted along with what the people they represented wanted that women would probably not have had the right to vote when they did, and slavery would not have been abolished when it was.

      I would have greater respect for one of these people who decided not to follow the herd and vote to appease the public; especially if they give a well founded reason for doing so.

      --
      What?
    13. Re:Representative government? by southpolesammy · · Score: 2, Informative

      The congressmen listed represent the following areas:

      Ron Paul -- Southeast Texas.
      Jeff Flake -- parts of Mesa, Chandler, and all of Gilbert, Queen Creek, and Apache Junction, Arizona.
      Kendrick Meek -- Miami, Florida
      Tim Ryan -- Youngstown, Ohio
      Ted Strickland -- suburbs of Youngstown, Ohio and Ohio River valley area
      Lee Terry -- Omaha, Nebraska
      Rob Bishop -- Northwestern Utah, including northern suburbs of Salt Lake City
      Chris Cannon -- Western Utah, including southern suburbs of Salt Lake City

      So how much you wanna bet those congressmen all have major telemarketing presences in their districts?

      --
      Rule #1 -- Politics always trumps technology.
    14. Re:Representative government? by Anonymous Coward · · Score: 0

      I'll remember how they stuck by their guns, since the US government is not about democracy; it's about representative Government. Thank God for the bad voter turnout in this country; imagine if every idiot did excercise his right(which he should have) to vote!
      I'll never vote for a man I think will represent me, I'll vote for one who I agree with the beliefs of and think will stick by those beliefs! After-all, he probably does know more about the situation than I have time to. Course, in the real world it ends up being a vote for the lesser of two evils; especially in this two party system.

      Thanks to this list there is an estimate of 2 million jobs which will be lost. Since when is that a popular thing to do? I'm sure they'll be recovered elsewhere, but still the 100 billion in revenue from telermarketing is truely democracy in action. The consumer is the policemen of the market, not the government.

    15. Re:Representative government? by ostiguy · · Score: 3, Interesting

      What is your address? I'll hire some local teenagers to blare their stereo outside your house in off hours. Since you are worried about employment, you'll have nothing to complain about.

      ostiguy

    16. Re:Representative government? by WhiteWolf666 · · Score: 5, Insightful

      Telemarketers can go to hell.

      In my experience, having been called by telemarketers an average of 5-10 times a day, and having lived in a town with a great deal of telemarketing corporations, with a great deal of friends who worked at these corporations, I can honestly say I would be absolutely SHOCKED if a single telemarketing firm out there was selling a good product at a reasonable price.

      These firms exist solely to fleece unsuspecting invidiuals out of their money by being rude and aggressive on the phone.

      May they burn in hell forever, and no, I have litte to no sympathy for the people working these jobs.

      It puts food on your table? Great, you just took that money from some old lady on social security who would have otherwise used it to pay for prescription medication, and sold her a crummy product that won't work for more than a few days.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    17. Re:Representative government? by splatter · · Score: 1

      regardless of the slight inconvenience of a few.

      Ah maybe I forgot my math but since when is 500 people more important then 50 Million... read that again MILLION.... I don't give a rats ass if 500 OH people lose there jobs. There are a lot more people that want this passed.

      Lets recap 500 5 Million... end of math lession

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    18. Re:Representative government? by Anonymous Coward · · Score: 0

      50 million aren't "a few".

    19. Re:Representative government? by Anonymous Coward · · Score: 0

      Wow a representitive with a constituancy of 500 people? In that case I applaud him for representing those people.

    20. Re:Representative government? by CharlieG · · Score: 2, Insightful

      I was about to say - Sounds Like Ron - I like the man

      --
      -- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
    21. Re:Representative government? by Anonymous Coward · · Score: 2, Funny

      Make that 501 lost jobs. Poor Ted...

    22. Re:Representative government? by Tackhead · · Score: 2, Funny
      > Telemarketers can go to hell.

      "Hey, Hitler, Stalin, Pol Pot, the 19 hijackers, Osama bin Laden, Uday and Qusay Hussein are all swimming in brimstone for eternity. Ain't that enough? What do you guys want from me?"
      - Satan.

    23. Re:Representative government? by southpolesammy · · Score: 5, Insightful

      So what you're saying is that the other 630,500 people in Ohio's 6th district are wrong? Last I recall, the job of the representative is to 'represent' the views of his/her constituency. This seems to fly contrary to that charter.

      --
      Rule #1 -- Politics always trumps technology.
    24. Re:Representative government? by Anonymous Coward · · Score: 0

      I, for one, welcome our new Do-Not-Call list overlords. If you personally fail to see how it is some great inconvenience to have telemarketers calling you every so often (read: ALL THE FUCKING TIME!), then maybe you aren't getting called enough.

      Please, post your phone number. I have some great products and opportunities I'm sure you haven't heard of yet.

    25. Re:Representative government? by elmegil · · Score: 1
      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often.

      I guess they don't call you at 9:30pm and wake your 1 year old baby. I guess they don't call you and interrupt dinner, which is supposed to be time to spend together as a family (at least in my house). I guess you must not have a life or have magically managed to not get your name on a list to do something like buy a house, have a child, etc. which seems to open the floodgates to those who think you must want to buy something that only they can tell you about and only over the phone.

      Oh wait, I guess I could just turn off my phones whenever I don't care right? Too bad I have extended family that sometimes needs to get hold of me at unexpected time.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    26. Re:Representative government? by GooberToo · · Score: 1

      You know, the funny thing is, I'm trying to figure out if that's a "good thing" or a "bad thing". :)

    27. Re:Representative government? by Peyna · · Score: 1

      Telemarketing probably helps keep more jobs than just those of the telemarketers. Most notably, the jobs of the people at the places they are advertising for.

      --
      What?
    28. Re:Representative government? by Anonymous Coward · · Score: 0

      I pay for my phone service, why should someone be able to use it as an advertising venue for free?

      If you dont mind them calling you then don't put yourself on the list.

      I have every right to do so and I will exercise that right even if it means some high school drop out on crack my not be able to afford his fix that night.

    29. Re:Representative government? by YrWrstNtmr · · Score: 2, Insightful

      So yes, I think Mr. Strickland represented his area well. He wanted to protect some jobs that some people have, regardless of the slight inconvenience of a few.

      Then anything, any "industry" that generates jobs is a GoodThing? Even if ~1/2 the population of the country does not agree?

      Looking at our favorite whipping boy, the RIAA, legislators should protect them at all costs, because to let them break up due to changing technologies and attitudes would be to "lose jobs".

      If telemarketing is not working (and it appears it isn't, due to the high number of people who do not want to be called by these people) let the companies find a different model. Employ the same call center people, and no jobs will be lost.

      Just because a thing exists and employs people does not make it good, or suitable for protection.

    30. Re:Representative government? by gpinzone · · Score: 1

      Thank God for the bad voter turnout in this country; imagine if every idiot did excercise his right(which he should have) to vote!

      Yeah, politicians would have to cater to the will of the majority instead of concentrating on the ones who actually show up to vote and contribute to their campaign. The founding fathers probably thought that anyone foolish enough not to vote deserves the leaders s/he gets. The problem is that what you end up with vocal minorities that supress candidates that think outside of party lines from running. Remember when John McCain ran for president?

    31. Re:Representative government? by LostCluster · · Score: 2, Insightful

      When a bill loses 412 to 8, those remaining votes can almost be considered protest votes. That is to say, they're going on record with a "no" vote to oppose either a piece of pork that got snuck into otherwise popular legislation, or that they think that this is going to be a bad thing for their district... like those who have 1000 people working as telemarketers in their district. I'm not as concerned about the 8 "no" votes because they got washed by 412 votes going the other way. I'm more concerned about the 15 represntatives who didn't bother to show up and take a position on this issue.

    32. Re:Representative government? by Misch · · Score: 1

      So, companies will spend billions of dollars paying people to call people who have stated they have no intention of ever buying anything from them?

      I say we just forced the telemarketing companies to save billions of dollars.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    33. Re:Representative government? by the_2nd_coming · · Score: 1

      yes, well you do know that it is our job to pick em, and it is their job to vote how they see fit, right?

      we vote for them to decided this stuff for use, not for them to poll their constituents before they decided.

      --



      I am the Alpha and the Omega-3
    34. Re:Representative government? by Anonymous Coward · · Score: 0
      Now I have no clue how many of those jobs may or may not be lost by this bill, but the fact is, he is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare. My brother in law worked for the firm for a time. In that impovershed area of the country good paying jobs are hard to come by.



      I have never purchased any product or service from a telemarketer. I can argue that by placing my number on the d.n.c. list, I am making people like your brother-in-law more productive. I.E. They will no longer be wasting their time listening to me telling them that there is no way in hell I would ever buy something from them.



      I am doing my patriotic duty by making American business more efficient.

    35. Re:Representative government? by Enry · · Score: 1

      500 more unemployed out of the 3 million+ already unemplyed since 2001 is nothing

    36. Re:Representative government? by Anonymous Coward · · Score: 0

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often.

      Good point, now here's mine: I fail to see why I should pay for a communications device just so someone can make an unsolicited call to my residence. I do not maintain a line to inconvenience myself or receive advertising notices.

      One other point: civilized society or not, people are still responsible for maintaining their own survival. If they can't figure out how to snag another line of work then they have more problems than just job security.

    37. Re:Representative government? by ichimunki · · Score: 2, Interesting

      There is a big difference between an aural assault and whether someone chooses to pick up the phone (or even have the ringer turned on). One would think that here on Slashdot, News for Nerds, that people would be able to think a little farther than "someone ought to make a law". Where's your hacker spirit Slashbots? How about some clever hacks, both device-wise and prank-wise, that put these folks in their place-- or at least let you spend your evenings in peace?

      I know what's worked for me may not work for everyone, but switching to caller ID and voicemail has done wonders. Plus I only have the cell phone, so that's doubly helpful since it's already illegal to cold call a cell phone. With these devices, the only regulation I feel strongly about is something that prevents number blocking or other measures to render caller ID useless.

      --
      I do not have a signature
    38. Re:Representative government? by spoonyfork · · Score: 1

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare.

      The logic of your post makes me want to vomit. Telemarketing is the answer to a welfare state? Um, there are other jobs out there other than telemarketing. Second of all, these fuckers have NO GOD DAMN RIGHT to trespass on my property and time. The morality of the issue is sickening. It is an invasion of privacy. They should have to pay me to use my personal information. I should have to tell them I want to be contacted, not the other way around.

      I should be the one to make the choice to deal with their spam-ass-shit. I don't have to watch TV, or read magazines, or browse websites but my phone rings and my mailboxes get crammed with their crap. I don't have a choice in whether to deal with.

      I AM NOT BY DEFAULT OR BIRTH A CONSUMER IN A TARGET DEMOGRAPHIC! By law I should have to "opt in" not "opt out". The whole thing is bullshit.

      --
      Speak truth to power.
    39. Re:Representative government? by Anonymous Coward · · Score: 0

      damn, can we say
      0wn3d!

    40. Re:Representative government? by jellomizer · · Score: 1

      I respect your view (although I personally don't agree with it). Personally Most if not all the people who signed up for the no call list are people who do not want to be bothered at home and wont purchase anything anyways. But the people who are not on the list are people who don't mind or don't care about the calls and some are willing to buy from them. This calling list can actually be good for business by narrowing their list to people who fall for this type of marketing. But as a representative who has to vote on this they well have to take the 500 or more jobs into consideration as well either you believe that this will have a minimum impact on jobs or not.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    41. Re:Representative government? by MrLint · · Score: 1, Insightful

      Shouldn't he reflexively vote for anything that increases individual privacy instead?

    42. Re:Representative government? by Nuttles · · Score: 1

      Your point to that Ted Strickland protected jobs doesn't really make sense. It is in the same category as in Oregon, where people pump your gas for you. I discussed this law with people I know (I recently moved here) and they all say they like the law because one they are too lazy to get out of the car and pump the gas themselves and two they like the idea that there are guranteed jobs out there for low skilled people. My answer to this is, is that it is not the governments job to create jobs just for the sake of creating jobs.

      Saying that, I think it relates to the topic on hand because I think it is the governments job to handle abuse by companies. 50 million Americans signed up saying do not call me. I would conclude that a lot of people think that they are being abused by companies.

      Now, in relation to this Ted Strickland. I think he made an unwise vote. I would think that there are a lot more than 500 people in his area that signed up for the do not call list. They are voters too.

      Nuttles
      Christian and proud of it

    43. Re:Representative government? by pmz · · Score: 4, Insightful

      He's a former Libertarian candidate for President, and reflexively votes against anything that expands government regulation.

      This context is important, because this means he very well could be a keeper (the value of having a Constitional defender in Congress shouldn't be underestimated, even if he is annoying).

    44. Re:Representative government? by EvanED · · Score: 2, Insightful

      As long as I can yell out my window and tell them to turn off their music and they do so, that's fine by me.

    45. Re:Representative government? by johndoesovich · · Score: 1

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often

      The problem is simply that I do not want their calls. How about this, next time they call your house, ask them for their home phone number. I bet they won't give it to you. If you cannot call them at home, why can they call you?
      A few years ago I went to New Jersey to visit my family. While staying with my Aunt, I answered a call at her house. It was a person from the Police Association crap. He said his deal and I kindly told him I was from California. Apparently that was not a problem and persisted to get my money. I then told him I could not donate money and that I had just finished with school and had lots of bills and could not afford it. His response took me by surprise, he said "We have a plan for people like you", what the hell is that supposed to mean? WTF!!! Because I just got out of school and I am broke and up to my ears in debt and you have a plan for me!? How about my shoe up your cornhole? I have nothing but bad feelings for those companies. Do I want to see all those people lose their job, no I don't. I don't ever want to be in that position myself, just don't call my friggin house.

      --
      alias dir='rm -rf /'
    46. Re:Representative government? by mike77 · · Score: 1
      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often

      I've been sitting at home sick today (reading /. of course!) but between 10-3 I've had no less than 5 telemarketers call. When I didn't answer the phone, and the machine picked up, the bastard had the temerity to leave a 2minute long message. I don't have a delete button on the machine (cheap one) so to get it off there I had to listen to the whole thing.

      slight inconvience my ass....

      I would NEVER work for a telemarketing firm. I'd lay bricks, or do carpentry, or mow lawns.

      --

      --Keeping the flame wars alive, one post at a time

    47. Re:Representative government? by MrLint · · Score: 1

      I dare say that telemarketers 'inconvenience' more than a 'few' per shift. I also hazard that those 500 people annoy about 10x that many a day.

    48. Re:Representative government? by Zathrus · · Score: 1

      And 51 million people in the US have decided to do so.

    49. Re:Representative government? by Anonymous Coward · · Score: 0

      I don't think Ted Strickland's representation of his constituents should overshadow 50 million Americans. As a U.S. Representative he represent both his district AND the U.S.A. It worries me that 500 of his constituents could outweigh, in his mind, the national mandate that American citizens have placed on this issue.

      Protecting jobs, much to a republican's chagrin, does not outweigh the importance of following the demcratic process. This is our law. This is one of the few things most Americans agree on. What the hell is unclear about this?

      The fact that these telemarketers seem to congregate in, "impoverished" areas kind of emphasizes how bad telemarketing has gotten. They tend to employ the most desparate of citizens to engage in their ethically questionable business tactics. It is like forced labor...

      Let this industry die. I loathe it. I pay too much money for caller ID, only to get these assholes calling me from "Out of Area" with unlisted numbers. They call, they hang up, they offer me services I have no need for... I don't need to refinance my mortage, I don't have one!!!!!! They call and offer to clean my carpets even though I have all hard wood floors. They call, pause, and then start recorded messages after I am frantically asking, "Hello? Hello? Hello?" for 10 seconds...

      They wake me up early in the morning. Their dial tone hang ups fill my answering machine.

      They don't take no for an answer. They pretend to be your friend. Dinner time? Good time for a sales pitch! Pulease...

      Fuck them, good riddance to the slime.

      I have a right not to be harrassed.

    50. Re:Representative government? by Steve+B · · Score: 1
      Paul is in the minority of a lot of votes (sometimes a minority of one) because he takes a very hard-nosed limited-government position (he once ran as a Libertarian candidate for President, but then decided that it was more useful to join the Republicans).

      The rest -- I don't know, maybe they represent districts where telepestering is a major industry or something.

      --
      /. If the government wants us to respect the law, it should set a better example.
    51. Re:Representative government? by EvanED · · Score: 1

      Ah, but that's not the discussion here. We're talking about whether the congresscritter did his job, which is to represent the people *of his district*. He wasn't elected to serve the 50 million people who are on the list, he was elected to do what he thought was best for his region. If he thinks that voting against the bill is best for the region, he's doing his job.

      In fact, I'd say he's in a decent situation... he knew that he could vote against the bill to appease the employees of the telemarketing company while offering really no chance of blocking the bill, so the people who want the list are still happy, though less so than if he had voted for it. So he is sure to get support from many of the employees while probably losing very few.

    52. Re:Representative government? by Ian+Bicking · · Score: 3, Insightful
      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare.
      It's small inconveniences multiplied a million times over. Telemarketers steal our time in small chunks. They are parasites. They decrease the quality of life in this country. We'd be better off with them on welfare, because at least then they would be doing nothing instead of actively making the world a worse place to live in.

      Sure, it's small inconvenience. It's also a small return. Is it okay to steal, if you only steal five cents at a time? Eh, whatever, I don't care about five cents. What if you stole five cents at a time from every person in the country? That's the kind of equation telemarketers are making -- small returns from small inconveniences, multiplied by every person in the country.

      We should stop worshipping jobs. We should start being concerned about productivity. Telemarketers have jobs, but they are completely unproductive. That's not the kind of economy I want to support.

    53. Re:Representative government? by Znork · · Score: 1

      Who is going to lose their job because telemarketers wont be allowed to call people who arent going to buy their products anyway? Theoretically their job security would depend on wether or not they make successful sales rather than their ability to take verbal abuse from as many people as possible.

    54. Re:Representative government? by Anonymous Coward · · Score: 0

      You're an fucking moron and that statement makes no sense at all. You're comparing the loss of 500 jobs to 50 million people being inconvenienced. Preventing people from putting food on their table just so you can sit at yours without having the phone ring. Yeah, that makes a lot of sense. Is it that difficult to disconnect your phone or not answer it. Ever hear of Caller ID? Why not simply restrict telemarketing calls to certain times of the day or put other such limitations on them that are easily enforceable with fines? Let's try this one...

      Programmers who write bad code that crash computers and help spread viruses inconvenience me. Therefore, we should pass a bill to put all programmers out of a job.

      Does that make sense to you? I didn't think so. BTW, a hell of a lot more than 500 people will be losing their jobs.

    55. Re:Representative government? by ostiguy · · Score: 1

      Dude, read what you wrote. Aloud if need be.

      In paragraph one, you say, "One would think that here on Slashdot, News for Nerds, that people would be able to think a little farther than "someone ought to make a law"."

      Then in paragraph two, you crow about how using only a cell phone is "doubly helpful since it's already illegal to cold call"

      Well, which is it?

      One would think that here on Slashdot, News for Nerds, that people could maintain a consistent argument through two paragraphs.

      ostiguy

    56. Re:Representative government? by hornrimsylvia · · Score: 1

      i can confirm the lee terry from omaha,ne. go see "omaha the movie" for explinations. people all over the nation want to exploit our tom brokaw/johnny carson accents.

    57. Re:Representative government? by pmz · · Score: 1

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare.

      I despise telemarketers. They call, they yap-yap-yap without even breaking for breath, they offer trinkets to gullible saps who think free-with-order 5-cent watches really do have a value of $59.95, they use subtle tricks to corner people, they lie, they try to make people feel bad, they are assholes.

      If you don't mind them, then you don't value yourself highly enough, because your time is more valuable than their shitty job. Saying they are not on welfare being better is a fallacy, because they are still parasites!

    58. Re:Representative government? by Steve+B · · Score: 1
      Hey, Hitler, Stalin, Pol Pot, the 19 hijackers, Osama bin Laden, Uday and Qusay Hussein are all swimming in brimstone for eternity.

      "If I try to dump a bunch of telemarketers in there with them, they'll be bitching at me until the end of time...."

      --
      /. If the government wants us to respect the law, it should set a better example.
    59. Re:Representative government? by PhoenixFlare · · Score: 1

      I do think that those people that will loose their jobs because of this will remember this too.

      Frankly, it's their own damn fault. That should have been considered before basing an entire industry on annoying people and invading their home lives.

    60. Re:Representative government? by EricWright · · Score: 1

      Slight inconvenience? When you get 5 random phone calls a night, invariably at dinner time, that's more than an inconvenience. These people are one rung above spammers. They serve no useful purpose in a productive society. They are all out there peddling crap that people don't really want. Their sales are almost entirely due to fleecing the people out there who don't have the balls to be rude to these bastards, then end up listing to some script an ethically bankrupt scheister wrote to sell worthless junk. If I want a product, I know damn well how to get in my car and drive to a store, or look up a web site and click a few buttons.

      I can put up a sign in my front door saying no solicitors and have violators arrested and prosecuted for trespassing. A do-not-call registry is the telephonic equivalent to a no solicitors sign. If I want to listen to some sales pitch in my own home, I know how to call a company and invite a salesperson over for tea.

      Telemarketers are scum and I don't give a damn how many of them lose their jobs. I haven't had a job in two months, but I'd rather chop off my hands than take a job harassing people in the privacy of their own homes.

      Fuck 'em all!

    61. Re:Representative government? by I8TheWorm · · Score: 1

      Thank you for the information. I just fired off an e-mail to Ron Paul (I'm sure he'll never see it, but maybe someone in his office will). Who are these 8 representing? The DMA $$ I'm sure.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    62. Re:Representative government? by pmz · · Score: 1

      May they burn in hell forever

      May they burn in hell forever times infinity!

    63. Re:Representative government? by jayhawk88 · · Score: 1

      I see. So because some asshat feels the need to call me 3 times a night to offer me a product or service that I never asked for, I have to leave the ringer off my phone or pay the phone company $10 a month for a CallerID system that doesn't work half the time anyway.

    64. Re:Representative government? by johndoesovich · · Score: 1

      In addition to my post above, how many different ways do I need to say no in order for them to believe me? No No thanks Not interested I'm broke NOOOOOO Fuck Off WTF Piss Off Dumb Shit, I said no I should not have to say no more than once, they are not my children.

      --
      alias dir='rm -rf /'
    65. Re:Representative government? by Anonymous Coward · · Score: 0

      Is it difficult to get a job that doesn't offend the owners of 50 million phone numbers?

    66. Re:Representative government? by dissy · · Score: 1

      > Then anything, any "industry" that generates jobs is a GoodThing? Even if ~1/2
      > the population of the country does not agree?

      That is exactly the point I was thinking of.

      So lets see, drug dealing is now legal and govt protected.
      As is selling your services as a hit man.
      Hey, whore-house on every corner!

      How can those jobs be bad if they put food on someones table, after all :)

    67. Re:Representative government? by I8TheWorm · · Score: 1

      You're suggesting I spend more money (caller ID is not part of basic phone service, nor is it found on cheap phones) just to get rid of them, when I can add my number for free to a database instead?

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    68. Re:Representative government? by Aggrazel · · Score: 1

      I didn't put myself on the list, I won't do it either. I said I personally don't care. You may care. Thats ok. The bill passed anyway.

      What I'm saying is its stupid to say that he didn't represent his district when some would say the "slight" annoying (how many telemarketer calls do you get anyway) factor can outweigh the fact that 500 jobs will be lost. 500 jobs might not seem like much until you realize that this is in an area that is already economically poor, and in a town where 500 people make up probably 5% of the workforce of the town. It would be very hard on that particular town to lose those jobs.

      Thus, he voted against it. More out of show than anything since it obviously won by a landslide. But I admire a person who is willing to go against the grain and take an upopular route to protect the jobs of his constituants.

      I don't buy anything from telemarketers. But I don't get as worked up about it when they call me, I simply say no, and hang up.

    69. Re:Representative government? by pmz · · Score: 1

      You're comparing the loss of 500 jobs to 50 million people being inconvenienced.

      500 peoples lifetimes pales in comparison to the aggregate "inconvenience" of 50 million people.

    70. Re:Representative government? by mike_mgo · · Score: 1
      So how much you wanna bet those congressmen all have major telemarketing presences in their districts?

      Isn't that want Congressmen are supposed to do, protect the interests of their constituents? And lets be honest, this bill isn't something of critical national importance-it's just to stop businesses from interupting our favorite tv shows. So why shouldn't they try to protect the economic interests of the people they represent.

    71. Re:Representative government? by Anonymous Coward · · Score: 0

      Dumbass. This isn't fucking mob rule, you know. Legislators are hired to 'represent' the best interests of ALL of their constituents. Sometimes that means doing what the majority wants if it doesn't hurt the minority, and sometimes it means going against what the majority wants in order to protect the minority. In this case, he may have simply said the jobs and well-being of the few are more important than the minor inconvenience of the many. If that's the case, I can't argue in principle.

      However, I do agree with the guy above who said that telemarketers can go to hell. In that context, Rep. Strickland voted wrong.

    72. Re:Representative government? by dougmc · · Score: 1
      Hopefully voters will remember how well the dissenting congressmen "represented" them the next time they go to the polls.
      Hopefully people will also realize that voting against this bill is not the same as voting for telemarketing.

      (It's unlikely that they will, however. Now these legislators are going to be doing serious damage control, even if their reasons for voting against this bill are completely legitimate and even in everybody's best interests (which seems unlikely, but maybe they know something we don't.))

      Perhaps these legislators felt that this really was the domain of the FCC rather than the FTC, that the FCC should be the one managing a `do not call' list?

      As for this argument about `look at all the telemarketers this will put out of work!' ... does anybody really care? When Barbara Bush said `Just say no!', did anybody think of all the poor drug dealers and manufacturers that this would put out of work?

    73. Re:Representative government? by Uncle+Gropey · · Score: 1

      ...and Ron Paul did vote the Libertarian way here, for less government regulation of private business... something I'm usually onboard for, but for telemarketers I'll make an exception.

    74. Re:Representative government? by rodbegbie · · Score: 1
      To quote Dave Barry:
      • This group argues that, if its members are prohibited from calling people who do not want to be called, then two million telemarketers will lose their jobs. Of course, you could use pretty much the same reasoning to argue that laws against mugging cause unemployment among muggers. But that would be unfair. Muggers rarely intrude into your home.

      rOD.
      --
      Rod Begbie done this, and he's not
    75. Re:Representative government? by Anonymous Coward · · Score: 0

      Great. So let's round up all the homeless people who didn't get their shit together by, say, age 30 and grind them up into super cheap dog food for the millions of pet owners out there. After all, the thousands of lives pale in comparison to the aggregate "savings" of ~50 million dog lovers.

    76. Re:Representative government? by Anonymous Coward · · Score: 0

      Not true... the role of a representative is debatable and often a source of conflict for representatives. Should they follow popular opinion or do what's in their best interest? There are many times when the popular vote supports something that is inherently detrimental to progress and well-being. Segregation and suffrage are things that come to mind.

    77. Re:Representative government? by 'nother+poster · · Score: 1

      Hmmm. Let's see. Who pays for the telephone service at my household?... Why, I do! Now according to you I should not be upset when someone else uses my money in the form of the service I am paying for to "inconvenience" me "every so often", usually >5 times daily not counting the messages on my answering machine, which I also paid for, so they can earn a living. Besides, I WOULD prefer someone be on welfare than be a telemarketer. If they are talented enough to be one of them, they can probably hold down other employment, so I'm not terribly worried.

    78. Re:Representative government? by Del+Vach · · Score: 1

      Now I have no clue how many of those jobs may or may not be lost by this bill, but the fact is, he is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often.

      While I think you've got a valid point about the jobs, I think it's enough of an inconvenience to merit people losing their jobs.

      Telemarketing is a parasitic industry, it's built on aggressively marketing products and services that people generally have no need for. They employ high-pressure sales tactics, are often deceitful, and take advantage of people who don't know any better like my 80-year-old grandmother, which has happened.

      If you've ever come home after 10 hours of work & 2 hours of traffic, finally sit down to relax, and are being targeted by multiple companies that know that's the time people are just getting home, that's beyond inconvenient, it's infuriating, hence 50 million peoples' opinions.

      Going by your logic, the drug trade employs.. I'm gonna say thousands, but it might be millions, of people. Would your argument hold if these same reps voted against prosecuting this industry too?

      I guess my point is, I've gotten enough calls from people I felt had no business contacting me that I'm all out of sympathy for the people actually on the phones. Someone placing bags of dogshit on my porch every morning would also be a 'slight inconvenience', but I'd do everything I could to stop them doing it.

    79. Re:Representative government? by hamster+foo · · Score: 1

      This has been discussed on previous threads on this matter, but I'll touch on it again.

      People are saying do not call me or I don't WANT to buy anything which doesn't mean they wouldn't buy something. I liken it to a bum pestering you for money on the street. A lot of people just aren't good at saying no to people when they are pressured, so they end up buying spray on hair or whatever crap the telemarketer might be selling that day. People are stupid. Telemarketing firms know this, and that is why they are fighting to maintain access to said people.

      --
      - b
    80. Re:Representative government? by MarkGriz · · Score: 1

      "Who is going to lose their job because telemarketers wont be allowed to call people who arent going to buy their products anyway?"

      No shit. Marketing people are always falling all over themselves trying to narrow in on their target market. If anything, they should be glad that their target market has been narrowed by about 50%.

      --
      Beauty is in the eye of the beerholder.
    81. Re:Representative government? by tetrad · · Score: 4, Funny
      Now I have no clue how many of those jobs may or may not be lost by this bill, but the fact is, he is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare. My brother in law worked for the firm for a time. In that impovershed area of the country good paying jobs are hard to come by.


      Perhaps Dave Barry said it best:

      Leading the charge for the telemarketing industry is the American Teleservices Association (suggested motto: 'Some Day, We Will Get a Dictionary and Look Up 'Services''). This group argues that, if its members are prohibited from calling people who do not want to be called, then two million telemarketers will lose their jobs. Of course, you could use pretty much the same reasoning to argue that laws against mugging cause unemployment among muggers. But that would be unfair. Muggers rarely intrude into your home.

    82. Re:Representative government? by Anonymous Coward · · Score: 0

      I'm sure they said the same thing about being a Nazi guard in concentration camps. You can just keep waiting for the 3rd reich

    83. Re:Representative government? by Anonymous Coward · · Score: 0

      Whoa. I see what you're saying. See, this telemarketing thing... people get paid to do this as their job! Hell, we should let 'em have a job, right?!

      In that case, we should make murder legal for those employed in the mafia... or wait, how about cocaine. Let's make that legal. All the drug dealers that work selling cocaine need to keep their jobs!

    84. Re:Representative government? by M.+Silver · · Score: 1

      I don't see any Kansans on that list, and we've had a lot more than 500 telemarketing jobs right here in Doodah. Know what, though? There's a pretty high burnout rate for telemarketers, so companies are getting smart, and opening call centers here. *Incoming* call centers. So all those burned-out or laid-off telemarketers don't necessarily go on welfare.

      --

      Slashdot's token middle-aged housewife
    85. Re:Representative government? by Anonymous Coward · · Score: 0

      You know something... they do, but I don't care because I can always ask to be placed on a do not call list. Yes, they do work. And yes you CAN ignore the phone... caller ID, ever hear of it? What about an unpublished number or an 800 number for that "extended family" that relies on you so much? Please...

    86. Re:Representative government? by Anonymous Coward · · Score: 0

      You must live in the lazy Christian section of town. Oregon charges one one of the highest prices around for gas. Lazy has nothing to do with it (they have no choice in the matter.)

      They also have the highest unemployment rate in the nation. By your logic we need more people pumping gas.

      Anyway, get a bike.

      ps - Millions of people believe in God too, it doesn't make them right.

    87. Re:Representative government? by asscroft · · Score: 1

      Same with Jeff Flake, R-Ariz. Telemarketing is the only non-government jobs available for the masses of undereducated people this state produces.

      Still, if Arizona and other pitiful excuses for states like ALabama and Mississippi spent more money of education they'd have the job market available to attract better employers.

      It's a stupid cycle. don't spend money on education. Get a stupid populace. Fail to attract employers. Stupid populace resorts to drugs and crime to deal with their shitty lives (or they become civil servants). Their kids grow up in broken homes and have stupid parents who don't care. They don't get an education. They grow up stupid. Etc. Meanwhile money is spent on law enforcement, jail, and welfare and unemployment to deal with the stupid uneducated populace.

      Fuckin brilliant cycle. But are these states able to see the root cause or willing to spend more money on it? Hell no.

      Mr. Strickland would be better off advocating for more money to be spent on education.

      but yes, he is representing his constituants. Ironicly, many of those telemarketing employees signed that list, I'm sure of it. :-)

      --
      because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
    88. Re:Representative government? by southpolesammy · · Score: 1

      First of all, DUMBASS (emphasis mine to make you see just how stupid this makes YOU look...e.g. dumbass coward)

      It isn't 'mob rule' at the representative level -- it's democracy. That's why the U.S. is a 'representative democracy' -- not a pure republic. He is absolutely responsible for listening to his constituency and representing the majority view of the citizens he represents. We tell him what to do, not the other way around!

      If he doesn't do what his constituents tell him, then he's going against their wishes and will likely be voted out at the next election, by, oh wait, what's it called? A DEMOCRATIC ELECTION. Therefore, he is responsible to uphold the majority view of his district, lest he get voted out.

      This is simple high school civics stuff. I'm surprised that you can't figure this out.

      --
      Rule #1 -- Politics always trumps technology.
    89. Re:Representative government? by bklock · · Score: 1

      Who is going to lose their job because telemarketers wont be allowed to call people who arent going to buy their products anyway?

      I was confused by this too. I would have thought that the telemarketing industry would be thrilled to have a list of people who are not interested in their calls and will not buy from them. This way they can concentrate their efforts on calls where there is a chance of success and not waste their time on people who at best will just hang up on them, and possibly intentionally waste their time or abuse them.

      However, the Telemarketing industry has realized that a substantial part of their revenue comes not from offering people a product that they want and filling a need, but in tricking people into making purchases of things that they don't want or need. They worry that the best 'marks' for their services are people who know they are too weak-willed to refuse to buy and will sign up for the list.

      Basically, the industry wants to make sure they retain access to these people so they can continue to rip them off. It makes sense really, if the person was really interested in a product, they'd probably go out and buy it themselves. The whole telemarketing / salesman "hard sell" is about selling to those people who don't want or need the product in order to move more units.

      Ironically, the people who sign up for the 'don't call' list may actually be a more fertile group for telemarketing activities than those who do not. (At least that seems to be the industry's worry)

    90. Re:Representative government? by splatter · · Score: 1

      Please... first off try posting as something other then a anon coward if your going to flame me.
      Second off.. Its my phone line and if I don't want people that have no reason to call me except to bother me by trying to sell me something then that is my right as I pay for the service not them.
      Pull your head out of your ass, and quite the telemarketer job or what ever direct sales you do. Just because your a slime bag and choose a bad profession doesn't mean that you can abuse my phone line so you can feed yourself and retarted offspring.
      BTW thats about the worst analagy I Hhave seen on slashdot...

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    91. Re:Representative government? by mr.capaneus · · Score: 1

      I am really getting tired of this argument. Telemarketing firms may be providing people with jobs but they are not producing abything or providing a valuable service to society. Hopefully, once these people get shutdown their employees can find meaningful work that will actually benefit others. Probably not. It is unfortunate that our economy is structured in such a way that everyone must have some kind of job to support themselves since there are so many people toiling away in jobs that detract from the rest of society's quality of life (a telemarketing career is the perfect example).

    92. Re:Representative government? by eric76 · · Score: 1
      A friend of mine stated the following I am quoting him:
      "Isn't it amazing, somehow advertisers can invade our privacy with impunity and anything to stop anyone from violating one of our prime rights is illegal.

      Not necessarily just anything. Early one June a couple of years ago, I turned the ringer off on my telephone. In late July, I received an e-mail from my oldest brother asking why I was never home, so I turned it back on.

      It was sure nice not to receive any calls at all for nearly two months.

    93. Re:Representative government? by Anonymous Coward · · Score: 0

      probably redundant, but I didn't read the 3 replies beneath my threshold.

      anyway, you've gotta notice the error in your point of view as described here

      "that people would be able to think a little farther than "someone ought to make a law"."

      "Plus I only have the cell phone, so that's doubly helpful since it's already illegal to cold call a cell phone. "

      Lucky for you someone thought "there oughtta be a law" regarding cold calling a cell phone.

    94. Re:Representative government? by monkeydo · · Score: 2, Informative

      The ones who voted against it did so because they realize that the federal gov't shouldn't be telling companies who they can and can't call. There also is an equal protection problem with the law because it exempts certain telemarketers from the list. Surprise, suprise, the exemptions include telemarketers raising money for political candidates. So have no fear, all those reps who voted in favor of this bill will be using their own telemarketers to remind you of that fact next November.

      This law isn't a good use of legislative muscle anyway, there are already very good ways that you can get yourself off the telemarketers dial list, not the least of which is the do not call list that the Direct Marketing Association has been maintaining themselves for years. You can use the same list to opt out of most junk snail mail too. Call the credit reporting angencies and tell them you don't want unsolicited credit offers and you'll be down to very few calls. The remaining ones will go away (for the most part) if you use the magic words, "Please put me on your do not call list."

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    95. Re:Representative government? by flappinbooger · · Score: 1

      And the telemarketers will probably still be making phone calls anyway.

      --
      Flappinbooger isn't my real name
    96. Re:Representative government? by splatter · · Score: 1

      Fair enough but does the 500 people represent his entire district. Some how I don't think so. Which means he is doing it because someone is lining his pockets, or he has some other justification.
      But you are right he has the ability to make that decision for his district, thats why he was elected into that position. But the voters also have the right to pull his sorry ass out next time election roles around and they are STILL being annoyed by telemarketers.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    97. Re:Representative government? by legojenn · · Score: 1
      Are times so tough in Ohio that the loss of 500 low-paying jobs in one city is that important? Crappy jobs are always available.

      To interpolate, there are 300 million people in the US and 12 million in Ohio. If people in Ohio joined the Do not call list at the US average, then he is pissing off 2 million Ohioicans (Ohiolios?, Ohiolers? etc) for the benefit of 500. That can't be good strategy.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    98. Re:Representative government? by southpolesammy · · Score: 1

      I know what you're saying, and you need look no further than the efforts of the former major of Cleveland and current U.S. President candidate, Dennis Kucinich, to understand why an unpopular vote is both sometimes necessary and career suicide at the same time.

      Kucinich voted against the policies of the former entity that is now FirstEnergy when dealing with Cleveland's power crisis in the 70's. Cleveland Muni was about to be absorbed and vanquished by FirstEnergy, but Kucinich saw the writing on the wall about FirstEnergy's corruptness, and blocked the city council's popular vote. Turns out he was right, but as was expected, it ultimately cost him his job.

      But in this case, if the people keep elected officials in office even though they go against the majority's will, then they get what they deserve. The ignorant will be governed by the corrupt.

      --
      Rule #1 -- Politics always trumps technology.
    99. Re:Representative government? by eric76 · · Score: 1

      Ron Paul is also a medical doctor. A gynecologist or obstetricion or something like that.

      The interesting thing about him is that he routinely votes against pork barrel projects, including those for his own district.

    100. Re:Representative government? by splatter · · Score: 1

      No just all the telemarketers and direct sales men like yourself that don't have the stones to post with your name, but obviously support the DMA, and other people that all these Do not call list members don't want to have call them.

      Get a new job or starve I don't care... I have my own problems, and don't care about yours.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    101. Re:Representative government? by Anonymous Coward · · Score: 0

      LOL! Must have hit a nerve... actually I just never signed up for an account because I'm too lazy and it's just as easy to be an anonymous coward... what do I get out of an account? Mod points? I could care less...

      BTW, I'm not and never have been a telemarketer or any other phone or sales related job and I could care less what you think about the analogy... It's relevant and makes sense in my mind. Why don't you enlighten me by explaining what was so bad about it? It's one thing to talk smack, but it's another to be able to back it up.

    102. Re:Representative government? by tetrad · · Score: 1
      Programmers who write bad code that crash computers and help spread viruses inconvenience me. Therefore, we should pass a bill to put all programmers out of a job.

      What a dumb analogy. Telemarketer intrudes into your day, while you can choose whether or not to use certain software. I want the choice not to talk to telemarketers. There's nothing unreasonable about that.

    103. Re:Representative government? by riven1128 · · Score: 1

      Then you're a lucky one .. 5-10 is a low number compared to the barrage I get each day! .. I was off sick last week and my phone rang on average about twice an hour beginning at around 10am and ending around 5pm, I'm normally at work during those hours.

      These telemarketers USED to hang up on the answering machine, now they actually play recorded advertisements on it!! spamming my answering machine, my answering machine actually fills up entirely every 2 days now and there is only about 1 or 2 actual messages that I care about on there.

      Look at it this way, I do not want to buy a single thing from a telemarketer, so they are wasting money calling me .. when this list goes through, they save time and money, this list STREAMLINES their operations and they can actually become more profitable while at the same time pissing off FEWER people... it's win win

    104. Re:Representative government? by Anonymous Coward · · Score: 0

      I didn't write it, but regarding Caller ID or an 800 number, see this post.

      Regarding an unpublished number - do you think that these places get phone numbers purely from phone books? Wrong. Trying companies sharing it with their 'business partners'. Spammers don't just go to ISP directory services to get e-mail addresses, same with telemarketings(spammers). Getting my number unpublished just prevents *you* from getting my phone number.. for awhile..

    105. Re:Representative government? by Anonymous Coward · · Score: 0

      Isn't that what they are ALL supposed to do. I don't want my Congress Critter voting for anything that's unconstitutional. Do you?

    106. Re:Representative government? by southpolesammy · · Score: 1

      If the majority of the district's constituents were telemarketers, this would be valid. However, to me, it reeks of preferential treatment for a small minority of well-funded lobbyists in those districts.

      --
      Rule #1 -- Politics always trumps technology.
    107. Re:Representative government? by 3terrabyte · · Score: 2, Insightful
      Telemarketers ruined my phone usage.

      Notice the word "MY" in that sentence. My phone. In my house. My phone bills being paid from my REAL job.

      My parents call, anyone calls, and we listen to it ring three times. Afraid to answer it. We have to screen each call. The process can take 25 seconds. 5 times a night. We then turned it all the way down. Missed two emergency phone calls from my parents going to the hospital. DIdn't see the blinking message til the next morning.

      I find NO sympathy from telemarketers. There is MUCH more going on than when you blurt out "no one is MAKING you pick up the phone". It's my phone dammit, I WANT to pick it up, because it's a communication device. I didn't hire a fucking ringing billboard to put inside my house for $15 a month, just so that I can ignore it. If everyone ignored their phone, like you just suggested, you'd be out of a job then too, right?

      --

      Why are there only 19 people folding@home for slashdot?

    108. Re:Representative government? by ichimunki · · Score: 2, Insightful

      I would have switched anyway, since the cell phone package is a more affordable bundle that includes caller ID and voice messaging. But more importantly, to the point that you think is some sort of inconsistency: the cell phone is a metered service, landlines service is typically unmetered (except for outbound long distance calls). Answering a cell phone more costs me more money. Answering my home phone more does not. And even if it wasn't illegal to solicit to a cell phone (so go ahead and lobby for the repeal of that law for all I care), the technology inherent in the device still helps me filter out the bad guys at a better price than my local landline monopoly does. The part that helps is that there is an actual free market happening in the cell phone business. Not so with the children of Ma Bell.

      And sheesh. Really. Just because I chide Slashbots to maybe put the old Thinking Cap(tm) on, doesn't mean I don't support this law or any other law in particular. I'm just surprised at this crowd, that's all. Normally all we ever hear is Libertarian yada-yada-yada around here or "information wants to be free", except when it comes to spam and telemarketers, and then suddenly it's "shoot those scum!" I should think that the same brilliant minds that go around doing crazy stuff like internet-enabling TI calculators or building terabyte RAID filesystems out of 5.25 inch floppy drives would be excited to think up fun and interesting ways to defeat spammers and telemarketers.

      --
      I do not have a signature
    109. Re:Representative government? by elmegil · · Score: 1
      I can always ask to be placed on a do not call list. Yes, they do work.

      Horse. Shit.

      I can name two instances without even having to think hard where an organization specifically ignored my request. Was it the fault of a stupid employee? So fucking what. I asked, it didn't happen, they called again, I ripped the poor SOB on the other end a new asshole.

      I have caller ID. I even have "privacy manager" from SBC. Of course that doesn't help if they call from an identified, but otherwise anonymous number like, say "Illinois call". Or their cellphone. Conveenient how it is that calling card calls from my mother in law also come through as "Illinois call" etc.

      I said it before and I'll say it again. If they don't want to implement voluntary opt-in for their harassment, I'm 100% behind government forcing them to accept opt-out on a national scale. I'm not their employer, and I don't owe any of them a job.

      I only had to put up ONE "no soliciting" sign on the front door. It's ludicrous to defend a requirement that I effectively have to put one up for every moron individually who might come knocking to sell me something.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    110. Re:Representative government? by Anonymous Coward · · Score: 0

      ... and the laws against mugging is putting muggers out of work everywhere (with thanks to Dave Barry.)

    111. Re:Representative government? by Anonymous Coward · · Score: 0

      I actually know people working in the telemarketing business in the US and they actually love this! The reason why is that the people why sign up for this tend to be the people who wouldn't buy their stuff anyway. So their business has actually become more efficient as they can now focus better on the likely buyers and not waste as much time on everybody else.

    112. Re:Representative government? by monkeydo · · Score: 1

      He didn't change his argument. His argument is there is no need for THIS regulation. In addition to regulations on cell phone and pager calls there are also existing laws regarding telemarketing calls to landlines. Should all of this legislation be repealed? Ron Paul might think so, but I don't see anything in ichimunki's post to lead me to believe that is what he is arguing for.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    113. Re:Representative government? by splatter · · Score: 1

      Programmers who write bad code that crash computers and help spread viruses inconvenience me. Therefore, we should pass a bill to put all programmers out of a job.

      Uh no. How does writing crappy code= Calling me when I have specifically opted out as not wanting to be disturbed. BTW even with 50M worth of people the entire Marketing profession is not going to fall away and die. There are many more people that are not on the list and they can call without abuse a connection I payed for.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    114. Re:Representative government? by rkhalloran · · Score: 1
      And those DMA don't-call/don't-mail lists cost $5 to sign up for (OK, you get two numbers covered for your $5), so having a govt-run FREE no-call list deflates their bottom line.

      Awwwww...

    115. Re:Representative government? by PhxBlue · · Score: 1

      He'd be more of a keeper if he voted with his brain instead of his kneecap.

      --
      !#@%*)anks for hanging up the phone, dear.
    116. Re:Representative government? by Corgha · · Score: 4, Insightful

      Its putting food on someone's table, and is better than them being on welfare.

      "In other news, a recent crackdown on inner-city crime has caused a loss of jobs in the window-repair and alarm-system industries."

      So should we all go around breaking windows to generate repair jobs? No. This is known as the broken-windows fallacy. What the naive "destruction == job-creation" analysis misses is that in the absence of all this destruction, people can put their time and capital to more productive uses. IOW, when people stop breaking in and stealing stuff, more businesses move in, existing businesses have to spend less on security, and more jobs are created.

      The short-term, localized job-creation benefit of crime is more than offset by the long-term, distributed opportunity cost.

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often.

      In the case of telemarketers, what is being destroyed is time and productivity. That "inconvenience", even though it is seems negligible, can really add up when integrated over the number of people it affects.

      Let us suppose that there are 500 telemarketers whose full-time job it is to talk to people who do not want to hear from them (some of the 50 million people who explicitly said so by signing up for the list). They call these people, and take some time reading scripts to them and getting yelled at.

      Clearly, they are wasting at least 500 full-time jobs worth of other people's time. But telemarketers use machines to do the dialing and ringing and so on, so they actually waste *more* of the victims' time. And it takes time to recover from an interruption, so you can add that time on there too.

      This is time that people would otherwise be spending productively participating in the economy or resting to recharge for productively participating in the economy when they go back to work. People whose evenings are constantly disturbed by telemarketers go back to work less happy, less rested, and less productive, and so their employers, who were giving the employees this time off for a good reason, suffer because the returns on their investment in employee time off are lowered.

      And, of course, we have the fact that the telemarketers are talking to people who don't want their crap anyway, so the whole thing is fruitless.

      Telemarketers calling people who don't want their crap represent a net drain on the economy. The fact that the drain is spread out over lots of other businesses and workers and produces a tiny, localized benefit doesn't mean that it's good for the national economy as a whole, anymore than thieves are.

      Finally, when you consider the fact that many of these jobs are going over to India, anyway, we lose even the job-creation benefit, and the drain is even greater.

    117. Re:Representative government? by 3terrabyte · · Score: 1

      Maybe we could just have a Smart-Person(tm) do not call list.

      --

      Why are there only 19 people folding@home for slashdot?

    118. Re:Representative government? by splatter · · Score: 1

      I don't know because it isn't my home state, but I would have to agree with you that 500 jobs does not constitute an entire district, and definatle doesn't represent enough people to impact state, or federal unemployment percentages.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    119. Re:Representative government? by mAineAc · · Score: 1

      Calling you every so often? How bout steadily every day? Maybe in your area it is every so often but in some areas it is more like every 15 minutes after 3:00. I think the best thing the government has done in years is to have this list.

    120. Re:Representative government? by John3 · · Score: 1

      Telemarketers are only one step above the junk mailers (represented by the same direct marketing trade organizations). I recently had to help clean out an apartment of an elderly family friend who is dying of cancer. Her closets were jammed with all sorts of gadgety flashlights, clocks, and other useless junk from mail order catalogs. Her clothes closets were filled with brand new dresses that were never worn.

      I understand that these companies have a right to sell, but she was getting three and four catalogs a day mailed to her home, and even though they had different names on the catalogs they were all shipping from the same warehouses....hmmm.

      I guess it's one of the benefits of growing old in America...lots of junk mail and junk phone calls.

      --
      "We make our world significant by the courage of our questions and by the depth of our answers." Carl Sagan
    121. Re:Representative government? by monkeydo · · Score: 1

      No, it's more like 50 million* people have asked the US gov't to put up premptive no music zones around their homes. You don't have any problem with that?

      *That number is most likely made up. Otherwise you would have to believe that 50% of the households in the US (more than the number that have Internet access) went to that website and put in their phone number.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    122. Re:Representative government? by 3terrabyte · · Score: 1
      Amen brother.

      If they telemarketers were paying my phone bill each month, then it's a different story. But I'm paying for it so that I can talk to mom, dad, grandma, friends, my boss, my utility/billing companies, and most importantly 911.

      The very fact that these jerkoffs (hopefully just trolls) are posting that I can just ignore the phone when it rings, or PAY MORE MONEY to get callerID, so that I am able to ignore it more efficiently, doesn't make sense. I didn't buy the phone to ignore it. But that is what I did. WHen I moved, I got a new number, paying $2 extra dollars a month thank you very much to keep it unlisted, and have not given the number to ANYONE except family. Even businesses I work with have only my work number.

      --

      Why are there only 19 people folding@home for slashdot?

    123. Re:Representative government? by GoRK · · Score: 2, Insightful

      I don't know any of the rest of them but I do know Ted Strickland. Ted Strickland wants to protect peopele's jobs in his area, and yes, there is at least one Telemartking firm located in his district in southeastern Ohio that employs at least 500 people.

      Fuck you.

      Now I have no clue how many of those jobs may or may not be lost by this bill, but the fact is, he is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often. Its putting food on someone's table, and is better than them being on welfare. My brother in law worked for the firm for a time. In that impovershed area of the country good paying jobs are hard to come by.

      Fuck you and your brother.

      So yes, I think Mr. Strickland represented his area well. He wanted to protect some jobs that some people have, regardless of the slight inconvenience of a few.

      Go eat a dick. You will put your number on that list too if you haven't already. Hypocritial bastard. Welcome to my killfile.

    124. Re:Representative government? by mfrank · · Score: 1

      No, the Libertarian solution would be for phone companies to offer services to prevent telemarketers from making your phone ring.

    125. Re:Representative government? by laird · · Score: 1

      Congressmen have a responsibility _both_ to the people of their district and to the country as a whole.

    126. Re:Representative government? by CritterNYC · · Score: 2, Interesting

      I personally fail to see how it is some great inconvenience to have telemarketers calling you every so often.

      There's a bit more to it than that. I work at home, and when I first started, there was no Do Not Call list in New York. I would get about 20 calls a day from telemarketers. A majority of those would be hangups... when their automated dialers call 10 numbers at once and whoever answers first talks to an operator and the other 9 get hung up on (an oversimplification of the process, but still accurate).

      In addition, nearly every telemarketer hid or forged their caller ID information (trivial with the right equipment), so caller id display, call block and *69 (call return) would not work. When enough people started blocking calls from "private" or "restricted" numbers, the telemarketers responded by having their equipment respond with a fraudulent "out of area" caller id message, which got through the privacy-block.

      Many of the ones that did pick up were automated messages that could not be hung up on until the message was complete. They simply would not release the line. So if, for instance, at the frustration of receiving my 20th telemarketing call of the day... and hence, my 20th interruption to trying to have a productive day... I became so upset I had a heart attack... I'd be dead... since I would be unable to hang up and call 911 until after the automated dialer was finished playing its message.

      Now... let's balance the productivity, livelihood, happiness, safety, etc of the many people who receive these annoying calls with the minimum-wage salaries earned by the very few who place these calls.

    127. Re:Representative government? by 3terrabyte · · Score: 1

      Especially the way it's been booming. Apec is huge now in the midwest. Scary. They are definately the people going on the first ship. Right with the telephone sanitizers.

      --

      Why are there only 19 people folding@home for slashdot?

    128. Re:Representative government? by Anonymous Coward · · Score: 0

      Yep, the TRUE libertarian spirit, as represented by your good self, is to oppose government restrictions except where it benefits YOU. I don't know what this Ron Paul's up to but it doesn't have the sheer hypocricy of real libertarianism.

    129. Re:Representative government? by Lord+Kano · · Score: 1

      So what you're saying is that the other 630,500 people in Ohio's 6th district are wrong? Last I recall, the job of the representative is to 'represent' the views of his/her constituency. This seems to fly contrary to that charter.

      What makes you so sure that the rest of the district don't agree? What do you think these telemarketers do after payday? I'll tell you what they do. They go to Walmart, they go the the bar, they go to McDonalds, they buy cars, they buy clothes, in other words they provide OTHER PEOPLE with jobs. That's the way economics works.

      I hate telemarketing calls, in fact I hang up on them all of the time, but there is a difference between you and I hanging up on them and the federal government using the force of law to stop them from calling in the first place.

      My political beliefs prevent me from supporting the federal government's acquisition of any additional power.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    130. Re:Representative government? by monkeydo · · Score: 1

      The charge is new, it didn't exist when I signed up. I seriously doubt they are making any money off of it though, most likely just a speed bump to keep people from registering all their friends and neighbors like people did with the national list.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    131. Re:Representative government? by mfrank · · Score: 1

      I didn't realize they were going to make ground chuck out of the telemarketers that lose their jobs. I thought they would be able to go get higher paying jobs at the local McDonalds.

    132. Re:Representative government? by EastCoastSurfer · · Score: 1

      Since you are worried about employment,

      I find it funny no one thinks about the ripple out of possible job losses from one bill. Lets say telemarketers close up shop. That would mean a fairly big revenue hit to the telecoms. Less telecom money means less buying of infrastructure and software. Now your tech companies are getting hit directly.

      Just for the record, I hate getting telemarket calls just like everyone else, but is this something that we need yet another law for?

    133. Re:Representative government? by Anonymous Coward · · Score: 0

      "He wanted to protect some jobs that some people have, regardless of the slight inconvenience of a few."

      In that vein, what's wrong with protecting the usage of the phone numbers of 50,000,000 people, regardless of the inconvenience of a few thousand tele-marketers?

      The list doesn't stop tele-marketers from continuing their business anyway. It just prevents them from wasting time contacting people who won't do business with them anyway.

      You're point is weak, and does not measure up against the other overwhelming factors.

    134. Re:Representative government? by Total_Wimp · · Score: 1

      It's horrible that this is being couched as a constitutional debate. Nowhere in this country, or any other, does there exist a right to speak to someone who doesn't want to listen. Saying it's a constitutionally protected right to call you is like advertisers suing HBO saying they have a protected right to put ads in your movies.

      More simply put, they have a right to speak but you have a right to not listen. The government is finally acknowledging you're right to put a virtual sign on your gate(phone) saying you don't want to listen to anyone until further notice.

      TW

    135. Re:Representative government? by pmz · · Score: 1

      So let's round up all the homeless people who didn't get their shit together by, say, age 30 and grind them up into super cheap dog food for the millions of pet owners out there. After all, the thousands of lives pale in comparison to the aggregate "savings" of ~50 million dog lovers.

      This makes no sense at all.

      Regardless, there is no shortage of animal waste from packing plants for our lovable cuddly stinky barking dogs, so the homeless are safe....for now.

    136. Re:Representative government? by Anonymous Coward · · Score: 0
      Otherwise you would have to believe that 50% of the households in the US (more than the number that have Internet access) went to that website and put in their phone number.

      Maybe they called 888-382-1222 instead like I did.

    137. Re:Representative government? by 0111+1110 · · Score: 1

      Wow. I thought I recognized that name. I can't believe he's in congress. In Texas no less. I guess this is one of the few issues I disagree with Libertarians on. In the modern world, a phone number should not be considered public property. Telemarketing is the commercial equivalent of a crank call. It should be illegal, even in a "free" society. Spam and direct mail advertising should be illegal as well.

      The first amendment was never intended to protect this kind of privacy invasion. Speech should be legal only where the recipients have the option not to "listen" while on their own property. For instance, no one is forced to buy the Sunday newspaper, of which half, is dead tree advertising. But everyone is forced to check their own mailbox and now internet mail as well. Since a phone is literally inside one's house, it is even more obvious that the recipient is forced to listen.

      I actually don't think the do-not-call list goes far enough. Telemarketing, as such, should be illegal even to those who haven't signed up for the List. Also, if code is not considered speech, then this stuff most certainly should not be.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    138. Re:Representative government? by StrawPoll · · Score: 1

      BS. Its not a minor inconvience. and its not a few calls. My mother inlaw was getting around 15 a day. I just make them comply with all the federal laws and make them answer all the questions they are legally obligated to answer. Takes about 10 min to go through of them.

    139. Re:Representative government? by Anonymous Coward · · Score: 0

      Yes, yes it is. Trust me. Try to find an entry level job these days that doesn't get 100+ applicants and you'll understand.

    140. Re:Representative government? by Snowdrake · · Score: 1
      Finally, when you consider the fact that many of these jobs are going over to India, anyway, we lose even the job-creation benefit, and the drain is even greater.

      Nitpick: I doubt these jobs are going to India. Rationale goes like this:

      • A cold-caller is at a disadvantage in communication because people hate cold-calls and react unfavorably from the outset.
      • A lack of proficiency in the language you're speaking is also a disadvantage in communication, for what I hope are obvious reasons.
      • India is close to diametrically opposed, geographically, to much of the US. It's hard enough to find enough people who'll spend their time calling people and getting yelled at during the day, let alone in the middle of the night.


      So you stack these up and suddenly you've got a triple disadvantage, and chances are you'll end up realizing the same return, dollar-for-dollar, as you would with the more expensive workers in the US. A friend on IRC pointed out where the real shift for these jobs will be: Canada. Sure, the labor cost is about the same, but you don't have the disadvantage entailed in moving ops to India, and as long as your telemarketing firm keeps all of its offices and sweatsh^H^H^H^H^H^H^Hcall centers north of the border, there's very little that the FTC or any other US entity can do to stop them. Unfortunately, I doubt that anyone's likely to make a real foreign policy issue of telemarketing.

      Now, is someone ready to poke all the holes in this that I'm sure have at least the potential to exist?
    141. Re:Representative government? by TClevenger · · Score: 1
      "Every so often" means three to four times a day for my house. These cretins continue to use tactics like calling with machines, hard sell and calling back, even when pressed to "put my number on your Do Not Call list."

      Pity my wife is at home. She just tells them to fsck off and hangs up on them. If I were the stay-at-home, I'd have a couple dozen lawsuits going right now because of their existing illegal tactics.

      My parents have Caller ID and have to let the phone ring to the answering machine whenever it's "unknown name/number." I finally answered the phone for them once yesterday. The calling machine made me wait for an operator. When I informed him that it was illegal to call with a machine, he said, "Not until October 1st." I then told him to place my number on his do-not-call list, and he promptly hung up on me.

      Yeah, "slight convenience of a few." If it takes inconveniencing of a "few" (meaning a few million) to keep 500 minimum wage lackeys employed, let them collect unemployment and look for a real job.

    142. Re:Representative government? by BryanL · · Score: 1
      calling you every so often
      1. You don't have a mortgage do you? I get 1-2 calls everyday just to refinance my mortgage. That is on top of the "free" vacations, auto glass repair and other calls I get.
    143. Re:Representative government? by Anonymous Coward · · Score: 0

      Well, that kinda makes you my problem now, doesn't it? Perhaps once I try to solve my problems (ie: you) I will suddenly become your problem too. HAND

    144. Re:Representative government? by pmz · · Score: 1

      Nowhere in this country, or any other, does there exist a right to speak to someone who doesn't want to listen.

      This is not a free speech issue at all, but a free market one. I know no one who likes telemarketers in any capacity and buys anything from them. Telemarketers are predators, no different from dishonest salespeople in other industries (car dealerships, for example), and, basically, people are wising up and hanging up. People who admit they are telemarketers publicly are scolded and rightly so. Telemarketing as an industry had its days numbered anyway.

      You know, I have yet to sign up for the DNC list, but I barely ever get a telemarketing call. Do you want to know why? Because I'm not an idiot who signs up for sweepstakes or buys from companies with poor privacy policies. Nor do I give out my e-mail address, so I don't get much spam, either (damn worm this week is something else, though...stupid Microsoft).

    145. Re:Representative government? by splatter · · Score: 1

      Perhaps once I try to solve my problems (ie: you) I will suddenly become your problem too. HAND

      Oh my, you really are trying to make yourself look like an idiot aren't you. You come on here flaming me and others, use horrible logic then decide to use a expression that was worn out the moment it was used... five years ago.
      Try a rational argument or FOAD. Your a troll & not worth my time.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    146. Re:Representative government? by 0111+1110 · · Score: 1

      Who else besides Ron Paul is a Libertarian? Forgive my ignorance.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    147. Re:Representative government? by inteller · · Score: 1

      I'm surprised that none of the OK legislators voted against it.

    148. Re:Representative government? by bracher · · Score: 1

      Almost. The representative, it would seem, is to 'represent' the corporate interests of his/her constituency. A simple mistake, to be sure. You just missed one word. See how much it changes the meaning though? ;-)

      Seriously, though... I would hope whoever challenges him in the next election plays this for all it is worth.

    149. Re:Representative government? by volkris · · Score: 1

      Sorry, but... these guys were right.

      This is not a simple representative democracy, this is a Constitutional democracy, and this do not call list is very much contrary to the ideals carried in the Constitution.

      What a telemarketer (or a redhead, or a 50 year old) does with his telephone is between him, his phone company, and the person he's calling.

      Leave the government out of it or the next step might as well be GE filing suit against you for accessing their webpage. What, you didn't know that GE had listed itself in a "do not view my webpage" list?

      It's precisely the same thing, and wrong for precisely the same reason.

    150. Re:Representative government? by Jaycatt · · Score: 1
      I don't buy anything from telemarketers. But I don't get as worked up about it when they call me, I simply say no, and hang up.

      I simply hang up. I try to devote as little time to telemarketers as I can. Sure, I could be more civil and wait until I can politely say "No" and "Goodbye", but let's face it: They're eager to end the call so they can start a new one, and I'm just eager to end the call. Definately no point in getting worked up over it; that would take even more of my time...

      --
      "Shared pain is lessened; shared joy is increased. Thus we refute entropy" - Spider Robinson
    151. Re:Representative government? by Anonymous Coward · · Score: 0

      Yeah, the people who lose their jobs because they can't call my grandmother and con her into buying useless shit will lose their jobs, and they will vote and contribute to PAC's and ring doorbells and all that good democratic action.

      Meanwhile, my grandmother won't just throw the money she saves into the fireplace. She will spend it on something else that is actually more useful to her, and someone else will have a job. Or she will leave it in the bank, where someone else can borrow it to buy a home or start a business.

      The difference is that the lost telemarketing jobs are visible, but the flower shop and crafts store that Grandma goes to when she isn't getting conned by the telemarketers don't see that they are getting more business as a result of the Do-Not-Call list.

      Fortunately, in this case, people hate the telemarketers so much that their normal "special interest" visibility won't help them much.

      And you know why we hate them? Because we know that the "service" telemarketers provide is the "service" of annoying people and tricking people until they say "yes". It's not like television or newspapers or magazines or billboards where the stuff being advertised is stuff that some people are actually interested in purchasing.

    152. Re:Representative government? by Lord+Ender · · Score: 1

      Having two Ohio representatives vote for this really isn't too surprising. Ohio (and especially southern Ohio) has the perfect recipe for telemarketrs. The regional dialect is pretty close to proper English (most ohioans don't have an 'accent'), and pay is very low. When I was in high school in southern ohio, the only job a high school kid could get that paid about minimum wage was working for the market research firm. This meant calling people and annoying them with survey questions about their grocery shopping habits or whatever. They liked us because we sounded 'professional' and $6.00/hr seemed like a fortune to us. Glad I'm out.

      Incidentally, the market research firms, like the one I work for, are not affected by the do-not-call list (because they are pollsters, not salesmen). In fact, their business will probably improve because people will be less harrassed by telemarketrs and more willing to answer a survey.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    153. Re:Representative government? by BryanL · · Score: 1

      There are two representatives that voted agaist the bill from my home state (Utah), one is my representative. I am sure they justify their votes by saying they are protecting jobs. But they also allow using prison inmates to make telemarketing calls. To me it says, telemarketing firm's revenues are more important than jobs for Utahns. A politician's public statement is not always the reason they vote for or against a bill.

    154. Re:Representative government? by volkris · · Score: 2, Insightful

      It's not a matter of the first amendment protecting this behavior, it's the lack of a governmental mandate to prevent it. It's your right to use your phone as you see fit because there is no rational grounds for removal of that right.

      You do have every right not to listen. Nobody said you have to answer the phone call of a telemarketer or even have your phone ring when one calls. A person placing a call doesn't ring your phone; he simply sends a signal to your phone. That your phone rings and disturbs you is really your fault entirely. Buy a smarter or quieter phone and it wouldn't happen.

      I'm sorry, but this is how the phone system works. The telemarketers here are doing nothing wrong: they're abiding by their agreements with the phone companies and playing entirely within the rules of the phone system. If you don't like it then you really need to stop paying for service, not go running off to the government.

    155. Re:Representative government? by An+Onerous+Coward · · Score: 1

      I was about to go all psycho-ninja on you for claiming that Rob Bishop was from Utah. But it turns out he is. Now I'm just scratching my head and thinking, "When the hell did we elect this guy?"

      I could understand someone in a state like California not knowing all of their representatives, but Utah only has three. So I blame the Diebold machines.

      --

      You want the truthiness? You can't handle the truthiness!

    156. Re:Representative government? by Darren+Winsper · · Score: 1

      OK. Now suppose that every time you do that, another set of kids come along and do it. It happens all day, every day. As soon as one lot goes, another arrives. There will never be a moment of peace for you. Ever.

    157. Re:Representative government? by isomeme · · Score: 1

      If telemarketing is not working (and it appears it isn't, due to the high number of people who do not want to be called by these people)


      The problem is that it is working. That's the creepy, irrational, stupid fact at the core of this debate. Telemarketing is hugely successful, which is why there is so much of it. People say they don't want telemarketers, but enough also buy things from telemarketers that the latter make a very comfortable living.

      It's exactly the same situation as with spam. Everyone says they hate it, and it would disappear within a few months if nobody bought the things advertised in it. It has not gone away, therefore we can conclude that people are buying things advertised via spam.

      Banning telemarketing and spam is just as stupid as legislative term limits. If the majority don't want telemarketing or spam, ignore them, and they'll go away. If the majority don't want long-term legislators, don't re-elect them. Instead, we have these horrible kludge-laws designed to protect an irrational public from themselves.

      I never thought we'd see an explosive growth of the Nanny State with Republicans in control of Congress and the Presidency.
      --
      When all you have is a hammer, everything looks like a skull.
    158. Re:Representative government? by Darren+Winsper · · Score: 1

      It amazes me how clueless some people can be. OK, so they may lose their jobs, but it's not entirely bad. Telemarketing costs money. Just because people aren't given the "opportunity" to spend their money on a telemarketer, doesn't mean they'll never spend that money on something else.

      The money that is normally spent on telemarketing won't just disappear, it'll be routed into other, (more worthy IMHO) things.

    159. Re:Representative government? by fermion · · Score: 1
      Of course you are correct that one should not vote against a representative over a disagreement on a single bill, expecially when in this case that vote may be ritualistic.

      OTOH, one should take critical votes like these into account in the analysis of the character of the overall person. For instance is the reprsentative worried about the aggregate opinion of the people represented, or does that aggregate get weighted with money contributed.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    160. Re:Representative government? by Anonymous Coward · · Score: 0

      Well now that all depends on if you're one of the 500...

    161. Re:Representative government? by Sylver+Dragon · · Score: 1

      If its that simple, you should have done a bit better job of this.
      First off, democracy is, in its purest form, 'mob rule'. That's the whole point, and failing of, democracy. Its that the majority (the mob) decides what the rules are. This is also refered to as the 'Tyrany of the majority'. This is why the US is a Representative Democracy and not a pure democracy. Pure democracy is a great way to make the minority slaves. The idea behind the Representative part of our government is that, we elect someone, who is supposed to be more informed than the rest of us, to make informed decisions as to the direction of our country. That includes doing things which are unpopular with the majority. Of course, we pick these people by popular election, which means that we may not necessarilly get the most informed person representing us, which is why we are allowed to re-evaluate our choice every few years. And, in the case of a representative who is perceived to have really fucked up, we have recalls (see California).
      You're right, this is simple high school civics stuff, been a while has it?

      --
      Necessity is the mother of invention.
      Laziness is the father.
    162. Re:Representative government? by kelnos · · Score: 1
      And sheesh. Really. Just because I chide Slashbots to maybe put the old Thinking Cap(tm) on... I should think that the same brilliant minds that go around doing crazy stuff like internet-enabling TI calculators or building terabyte RAID filesystems out of 5.25 inch floppy drives would be excited to think up fun and interesting ways to defeat spammers and telemarketers.
      eh- i think in some ways we slashbots are just tired of trying to find ways of defeating the spammers and telemarketers. spam filters are getting better, but some junk still gets through. and i don't think they'll ever be at the level that i'll feel comfortable trusting its decision - i let the junk folder run to about 250 messages, and then i have to scan the senders and subject lines for false positives. and while i don't find many, one does crop up every 3000 messages or so.

      as for telemarketers, there isn't much you can do. you can be careful about using your phone # when signing up for stuff (same as for giving out your email address), but phone companies still do sell their lists, and that doesn't protect you from the numeric equivalent of dictionary attacks. and once you start getting calls, you can ask each individual caller to put you on a do not call list, but when you're getting 10+ calls a day, that isn't feasible. i could go on, but you get the point.

      we're just tired. we find a trick to slow things down, and they get around it. we find another, they get around it. and now a law comes along - hey look, all i have to do is sign up with my email address and phone number, and if they ever call me they'll be fined. for someone that hates telemarketing calls, how could you be against something like this? (yes, i know full well why some people fitting that description would be, but, frankly, i think they're idiots.)
      --
      Xfce: Lighter than some, heavier than others. Just right.
    163. Re:Representative government? by Corgha · · Score: 1

      A friend on IRC pointed out where the real shift for these jobs will be

      Haha! I got the India thing from a friend on IRC, too!

      It was just an example, anyway, and it doesn't really matter which country it is, but while we're on the subject, check this link from a quick google search out -- if it is to be believed, Indian workers are getting trained with fake accents.

      So, give that to your IRC friend, and then I can send your response to my IRC friend, and so on...

    164. Re:Representative government? by syrinx · · Score: 1

      Ted Strickland, D-Ohio

      Sigh. Even if he does vote for telemarketers, he still can't be as bad as Jim Trafficant, our previous congressman, who is currently residing in federal prison.

      Not that I voted for Strickland last time, but you can be damn sure I won't vote for him next time either.

      --
      Quidquid latine dictum sit, altum sonatur.
    165. Re:Representative government? by 0111+1110 · · Score: 1

      Unfortunately there is no system in place to electronically block only telemarketers. If there were and the system were free or paid for by the telemarketers, there would be no need for The List.

      A law would still be necessary for telemarketers who placed calls without registering for the electronic block list. Either way violators need to be pursued. This method may save a lot of unnecessary expense in terms of development of a new telco blocking system as well as the additional electronics in telephones and caller ID boxes.

      The ideal system would be one in which all telemarketers had to sign up for a system for which they would have to pay the TELCO for the priviledge of using their system for advertising. Then, if they pay sufficient fees they would be allowed to register as a legal telemarketer and be allowed to call only the TELCO customers who specifically request the Telemarketing "feature" for their phone. In addition, TELCOs should be allowed to charge the customer for this feature as well. Those who wish to recieve all of those wonderful telephone offers would surely be willing to pay for that privilege.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    166. Re:Representative government? by Chibi+Merrow · · Score: 1

      By the same logic presented in your argument, we shouldn't have laws that curtail drug sale or prostitution or gambling even though society dissaproves of them because they cost jobs and instead of getting a legitimate job people who lose these jobs may end up on welfare.

      The point here is that the list in and of itself does NOT cost ANYONE a job. The list is just people who have made a public proclamation that they don't want to be bothered by telemarketers. If the number of people on the list causes telemarketers to lose money and shrink their companies that's GOOD. A company should make revenue from providing goods and/or services. If no one wants their goods and/or services for one reason or another, then that company SHOULD go out of business.
      Now if only that same logic could be applied to companies like SCO and Unisys...

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    167. Re:Representative government? by Anonymous Coward · · Score: 0

      Just on CSPAN-2: the Senate has passed their version 95-0.

      Now it's up to Bush.

      Telemarketers: pwned!

    168. Re:Representative government? by Anonymous Coward · · Score: 0

      I believe, for at least the two Utah reps., Convergys has quite a few employees in those districts. I'm not sure how many facilities are located in the SLC area, but I know of at least a couple big ones.

    169. Re:Representative government? by Anonymous Coward · · Score: 0

      What a telemarketer (or a redhead, or a 50 year old) does with his telephone is between him, his phone company, and the person he's calling.

      I'm the person he's calling, and I'm telling him not to do that.

      No different from if I told him he couldn't make speeches standing on my front porch.

      If I did that, and he persisted, I'd have him arrested. Now, thanks to Congress, I can do the same if he calls me on the phone.

      Your analogy with GE putting up a "do not view" web page is pathetic, by the way. If people don't want others to view their web page, they password protect it. If you view it anyway, you get arrested.

      So?

    170. Re:Representative government? by e_AltF4 · · Score: 1

      > Telemarketing probably helps keep more jobs than just
      > those of the telemarketers. Most notably, the jobs of
      > the people at the places they are advertising for.

      a) Those calls probably are disturbing more than just one
      person per telephone call. My whole family gets disturbed
      when you interrupt our dinner.

      b) There are other ways of advertising, don't pretend the
      world of advertising will stand still if telemarketers
      can't continue calling me at home.

      --
      Quote me as saying I was mis-quoted. ( Groucho Marx )

    171. Re:Representative government? by tmtresh · · Score: 1

      I'm more concerned about the 15 represntatives who didn't bother to show up and take a position on this issue.

      Do you know their names? I'd like to know if I'm in one of their districts, so I can remember to consider voting against them at the next election.

    172. Re:Representative government? by 0111+1110 · · Score: 0, Troll

      I don't recall signing some kind of agreement saying that anyone can call me at anytime in order to harass me until I give them money. I believe that crank calls are illegal in my state. Telemarketers are simply a subset of harassing phone calls, but a far more serious one due to their sheer numbers. The amount of unhappiness that they cause cannot be underestimated.

      If you would be so kind as to post your home telephone number here on slashdot, I'm sure that quite a few people would be willing to exercise their right to speak with you about this in person. I can't see why you should object since it sounds like you may have the ringer turned off on your phone anyway. Always a good precaution in this world of rude, uncaring folk who believe that their "rights" are so much more important than yours.

      I hope you are at least consistent and believe that crank calls and death threats and bomb threats should be perfectly legal as long as they are done over the phone, since you can just turn that ringer off. It's your own fault for answering, right? Freedom of Speech, right?

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    173. Re:Representative government? by Anonymous Coward · · Score: 0

      "What a telemarketer (or a redhead, or a 50 year old) does with his telephone is between him, his phone company, and the person he's calling."

      And what I decide to do with my property is my business. It is a long settled legal principle that a man's home is his castle, and no one, not even the king, may breach the outer wall without permission after being so warned. In plain English, I get to prohibit any trespassers that I desire by posting a notice.

      The notice worked great BEFORE the age of telephones. Now we don't really have a way to tell every schmuck that I don't want to hear their spiel - nor should I have to.

      What the Government has done is 100% constitutional. They simply created a registry which *I* and *I* alone in *MY* sole discretion decide to place myself on or not. Any company engaging in the business of telemarketing simply has to verify that my phone # isn't on the list before placing a call to me. The Government simply maintains the list and provides certified access to it for companies that want to engage in telemarketing.

      Due process isn't denied. The company knows precisely what they must do before making a call - verify that the # isn't on the list. If it is, they can't call. If they choose to do so anyway, they are subject to fines of $11,000 PER CALL. And if they are charged and fined, then they can appeal. So Due Process is protected.

      The right to say what you want, when you want is subject to some restriction (you can't yell fire in a movie theatre), and you can't continue to attempt to impress your message, no matter how good or wonderful it may be, upon me after I tell you that I don't want to hear it.

      The US Sup Ct upheld this right in limiting mailings which the recipient declared to be pandering and/or erotic - in such a case, the recipient gets to decide what is and is not pandering/erotic (they have complete, unfettered, and unreviewable discretion as to what is and is not pandering/erotic in nature). All the USPS gets to do is issue and enforce the prohibitory order.

      The cost of sending a letter is higher than making a call, so of course you get less letters and have to file less Prohib. Orders to maintain some sanity at your mailbox.

      But phone calls being relatively cheap, I was subjected to calls from basically 8am on to 9pm for every piece of shit that some asshole had to offer, simply because I bought some similar item with a credit card, or ate at some restaurant, or because they picked my name out of the air. I told every single one of them to put me on their Do-Not-Call list, and that I didn't want to hear from them or their affiliates again. Still the fucken calls came in. And because the slime don't comply with the law and tell you who they are, where they're calling from, release the ANI information, or anything else, it's very difficult to figure out who's waking you up at 8am after an all-night coding session...

      So I submitted comments when the Do-Not-Call list was being proposed. I signed up every phone # I have, my parents have, my friends and family have, and businesses that I'm associated with have on the first freekin' day that the list was made available for registration. And I guarantee that the next asshole that calls me with some offer will get sued into oblivion.

      Why? Because I don't like telemarketing. I think it sucks away my time. It steals money from people too weak to hang up the phone. Telemarketers are assholes. They should all rot in hell, forced to answer the phone and listen to questions about siding or copier toner or credit cards for eternity. In the present, if they lose their jobs - then tough shit. Get a different job. Move. Go to school. Work your ass off like I did so you don't have to be a fuckwad telemarketer and whine about welfare, etc. for the rest of your life.

      50 MILLION people just told the country that they are sick and tired of this fucken bullshit called telemarketing, and Congress amazingly enough actually heard us and is do

    174. Re:Representative government? by BZ · · Score: 1

      > That number is most likely made up

      It's 50 million _phone_numbers_, not 50 million households. Note that there is one landline for every two people in this country, and that there are more cell phones than there are land lines. Therefore, the only logical conclusion is that many households have multiple landlines (not to mention a cell phone or three).

    175. Re:Representative government? by jmors · · Score: 1
      Really and truly, is the do not call list going to cost telemarketing workers their jobs? Consider this, what sort of person puts their phone numbers on the do not call list. I think I am a typical person who has done so. I will not EVER buy a product from a telemarketer. Now, as far as looking at this from the telemarketer's point of view, I have actually increased his potential bottom line. He has one less guaranteed no to deal with. Abiding by the do not call list should reduce the percentage of no sale calls. So, even from the point of view of a telemarketing firm, would this not be a good thing? In any sales related endeavor, if I can manage to get a pre targeted list of prospect who might actually be interested and if I can weed out those who responded in some fashion to something saying I am not interested in advance, I make MORE sales in the same amount of time. If I am compensated as a salesperson on a commission basis, I would think I would welcome this information!

      --
      The Matrix is real... but I'm only visiting!
    176. Re:Representative government? by LineNoiz · · Score: 1

      *That number is most likely made up. Otherwise you would have to believe that 50% of the households in the US (more than the number that have Internet access) went to that website and put in their phone number.

      Not according to Fox News. In this article, it states:

      There are about 166 million residential phone numbers in the United States and an additional 150 million cell phone numbers.

      It also has a break down of how many people signed up for the list through various means. If you don't want to read the article, then it is as such:

      31.1 Million from the Web Site
      10.9 Million by calling the toll-free hotline
      8.6 Million transfered from individual state DNC lists.

      Total = 50.6 million (or 30% of all residential phones, 16% including cell phone numbers)

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
    177. Re:Representative government? by GSloop · · Score: 1

      Just think, when we outlaw child-porn, all the lost jobs!

      All those photographers first.
      Then all the companies that make video equipment, lighting, film, still cameras, lenses, digital cameras, routers, firewalls etc.

      Man, that would be a nightmare! All those lost jobs.

      Who knows, next they'll outlaw pimps too!

      (I know, I'm taking your thing too far, but really...we worry so much about losing jobs. First we need to decide if the job being done is not detrimental to society.)

      Telemarketers will still be able to make calls. They just can't call me if I say they can't. I don't have to opt out of 3000 different companies lists. BTW, I told *every* marketing caller for 2 years to add me to their do not call list. The result - almost nothing. I signed up for the Oregon DNC list, and what happened. The calls stopped. I've gotten a single call from a business I already do business with. I told them - I do NOT want to have you call me for marketing purposes again. They have not called again.

      The DNC list will have an effect on jobs. Some will be lost. But the result is that we will have an effective way to prevent the harassment we receive from telemarketing calls. If you still want calls, or worry about their jobs, just don't sign up.

      Cheers,
      Greg

    178. Re:Representative government? by WNight · · Score: 1

      That money would be spent elsewhere, employing people who weren't parasites.

      Most people I know spend 100% of the available money, perhaps after RRSPs and such, but they certainly don't end up with $10 extra at the end of the year because they didn't see a movie, it'll go to letting them do something else or buy something else.

      Ditto with telemarketing. People will spend their money on something else, and someone who isn't a telemarketer will be providing the service or making the product.

      The things provided by telemarketers are pretty much all shit. Obvious if you think that if it didn't suck people would want to buy it and stores, that exist to sell people things that they want, would carry these things. So people could be spending money on other things, and these other things are pretty much guaranteed to be no worse than telemarketed products and very likely much higher in quality and overall usefulness to the economy. By not spending $50 on some lame collectible plate and spending it on a set of knives at WalMart, you've at least traded your $50 for a useful product. They'll have some resale value and they serve a purpose. The plates are trash and worthless, the knives have value.

      Sure, the wages of the people who make and sell this telemarketed trash will likely go to real products, so the $50 isn't completely gone, but a lot of it is, spent on a low quality product that nobody would want even if it didn't suck.

      If the telemarketers themselves can't get a job doing something useful, helping you spend that $50 in a productive fashion, then I'd say you should let them starve. They're just parasites.

    179. Re:Representative government? by Anonymous Coward · · Score: 0

      no..nO..NO..you have it all wrong.

      I was a telemarketer during the boom days and
      wrote many thousands of dollars in sales for
      various police and firefighter and veteran union/organizations.

      We used to have couriers that would pick up
      your donation on the doorstep, or "just leave
      the check in an envelope on the door..".

      I used to be so good at this that old women
      would throw their money at me and thinking
      people would reluctantly succumb to the " ..these are the veterans of our countries wars asking for a few dollars, once a year, to help
      them with medical and professional needs.."

      Minimum donation was $15(set by management).
      I know that many of my fellow scumsuckers
      (I'm not any better),started at $30 a pop
      and there was the Glengarry-GlenRoss
      atmosphere in the shop.
      You produce, or you are sh!t.

      I worked through my college years and
      even a few after and then, finally, decided
      that defrauding people for $10/hr wasn't as
      profitable as working for microsoft as a
      VB expert.

      Love,
      Jesus H. Christ

    180. Re:Representative government? by pyro_peter_911 · · Score: 1
      Ron Paul (aka Dr. No) is possibly the most liberty minded congress critter in office today and quite likely does more every day to defend our freedoms than any other congress critter does in a lifetime. He is frequently the lone dissenting voice of liberty and you would be wise to look a bit deeper at any legislation that his is opposing.

      He is one of the few to have voted against the notorious PATRIOT ACT and he is quite outspoken about many government abuses that slashdot readers frequently complain about.

      Unfortunately, I'm about 30 miles outside of Ron Paul's district so I can't vote for him, but I would strongly encourage you to reconsider your position about Rep. Paul.

      Peter

    181. Re:Representative government? by IronChef · · Score: 1

      After that I will introduce him to my own 500-employee business, which specializes in kicking people in the nuts.

    182. Re:Representative government? by Anonymous Coward · · Score: 0

      The DMA love the 2 million figure but how realistic is it? Its damn near 1% of your population dedicated to fleecing the weaker members of society. Either the figure is grossly inflated (my bet) or you have a massive surfeit of parasites you could do with thinning out anyway.

    183. Re:Representative government? by po_boy · · Score: 1

      ...which is consistant with the chart displayed on the senate floor today.

    184. Re:Representative government? by bnenning · · Score: 1
      What if you stole five cents at a time from every person in the country? That's the kind of equation telemarketers are making -- small returns from small inconveniences, multiplied by every person in the country.


      Exactly correct. It's the same reason we spend billions on corporate welfare and pork barrel projects that benefit a few by taking tiny amounts from everyone else. Individually it's not enough to notice, but add it all up and it's a major problem.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    185. Re:Representative government? by bnenning · · Score: 1
      But I admire a person who is willing to go against the grain and take an upopular route to protect the jobs of his constituants.


      And I don't. I see nothing admirable about "protecting constituents" by voting to take the money, resources, or time of others. Do you also support Congressmen for voting for pork-barrel projects whose sole purpose is to get federal cash for their districts?

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    186. Re:Representative government? by ichimunki · · Score: 1

      Fair enough. I'm on your side, btw, i hate these calls. All of them, not just the sales pitches, but the surveys, the telepanhandlers, and especially the politicians. I just don't know that this law will help us. I think we have to help ourselves.... and work for laws where we can help ourselves.

      --
      I do not have a signature
    187. Re:Representative government? by madcow_ucsb · · Score: 1

      Hmm I think I'm going to hire a bunch of people off the street and pay them to run around the city poking people. Then nobody can do anything, because if they did, the entire poking industry would cease to exist and all those poor souls would be out of the job.

      I will be UNSTOPABLE!

      BWHAHAHAHAHAHAHAHA!!!!!!!!!!!!!

    188. Re:Representative government? by madcow_ucsb · · Score: 1

      Really and truly, is the do not call list going to cost telemarketing workers their jobs?

      We can only hope. God forbid we ditch the welfare state mentality and force these scumbags to become legitimate members of society.

    189. Re:Representative government? by Anonymous Coward · · Score: 0

      I live right here in Utah, and call centers represent a HUGE employment opportunity around here. There's WATS, Convergys, Teleperformance USA, eBay, and several others (though which are inbound or outbound I cannot say with confidence). It's a huge thing here, especially with the amount of university students looking for a flexible job to fit their class schedule.

      My roommate works for one of the above, and the other two roommates have both in turn worked for at least one of the above.

      Not a day goes by that I don't hear an ad for one of these companies on the radio claiming that they're hiring a slew of new employees, and that it can be your fast track to fortune.

      The LDS (Mormon, to those out of touch with current terminology) population out here tends to be good at selling, mostly because many LDS people have been MISSIONARIES, and these companies absolutely LOVE recruting returned-missionaries because of their two-year stints as door-too-door proselytizing (yes, it's proselytizing, not proselyting. both words are correct, but the former is more correct). Anyway, LDS return-missionaries make great salesmen and saleswomen, so the large telemarketing industry here likes to (try to) take advantage of a saturated base of already-trained and currently-poor college students.

      Anyway, Chris Cannon and his other buddy are going to get a nice email from me about their vote. I see that they are protecting the local businesses in their districts. I am going to congratulate them for standing up for local interest, but certainly won't vote for them next time because they don't stand up for me as a constituent.

    190. Re:Representative government? by Kashif+Shaikh · · Score: 1

      "Telemarketers can go to hell."

      Yes, I hate them too. I hate it even more when I have to get mad over a poor sap to get the fuck off the phone because I'm not interested. And later on I feel bad because I thought I was too harsh.

      Unless they're going to send free hookers to my house, I'm not fucking interested and I never had to get mad in the first place!

      Kashif

    191. Re:Representative government? by Lord+Kano · · Score: 1

      It amazes me how clueless some people can be. OK, so they may lose their jobs, but it's not entirely bad. Telemarketing costs money. Just because people aren't given the "opportunity" to spend their money on a telemarketer, doesn't mean they'll never spend that money on something else.

      True, but the money will most likely be spent somewhere else.

      The money that is normally spent on telemarketing won't just disappear, it'll be routed into other, (more worthy IMHO) things.

      Again, true, but not the point. We're talking about one congressman(Ted Strickland), representing one district(Ohio's 6th), in which upwards of 500 people earn their incomes through telemarketing. That congressman was probably expressing the will of the people that he represents.

      The country as a whole will do fine without telemarketers, but in the communities where these people live and SPEND their money, telemarketing provides vital income.

      This isn't like shopping at Best Buy instead of Circuit City. This isn't even like buying a Toyota (that is made in the US) instead of a Chevrolet. This is about Ted Strickland, keeping 500 jobs in the district that he represents.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    192. Re:Representative government? by PCM2 · · Score: 1
      So yes, I think Mr. Strickland represented his area well. He wanted to protect some jobs that some people have, regardless of the slight inconvenience of a few.
      Agreed -- mostly. Seems like that last part should read "slight inconvenience of everybody," since I don't know anybody who's escaped telemarketing calls.

      Still, before all of you who don't live in the 6th District of Ohio start bitching, why don't you do some research into Mr. Strickland's constituency. Quote:

      Many of the district's counties, especially those along the Ohio River in old coal mining territory, suffer high unemployment. Among these is Scioto County, the 6th's most populous, which also contains Portsmouth, the district's largest city.
      Yes, obviously closing a few call centers is not going to put everybody in Ohio out of work. But Mr. Strickland's constituents are clearly going to demand from him a strong stance against anything that could be perceived as costing jobs. Do you really think a steel worker is going to take it lying down if he believes his representative callously voted for a measure that would put hundreds of call center workers out of their jobs?

      As a California resident, I say "well done" to Mr. Strickland, and a hearty "whew" that the bill passed by such a landslide anyway.

      --
      Breakfast served all day!
    193. Re:Representative government? by Darren+Winsper · · Score: 1

      Perhaps Ohio should build up some more socially acceptable industries then...

    194. Re:Representative government? by Kashif+Shaikh · · Score: 1

      "So should we all go around breaking windows to generate repair jobs? No. This is known as the broken-windows fallacy. What the naive "destruction == job-creation" analysis misses is that in the absence of all this destruction, people can put their time and capital to more productive uses. IOW, when people stop breaking in and stealing stuff, more businesses move in, existing businesses have to spend less on security, and more jobs are created."

      Exactly. Just because a person can make more money being a hitman and breaking knee-caps, or a person who makes "problems go away", or a woman being a prostitute, or selling drugs, or stealing cars, etc does not mean one do it.

      The only difference between a telemarketing firm and the above jobs, is that telemarketing is still considered "legal" when it really shouldn't. We should live in a society that protects the honour of an individual and respects their privacy. Otherwise we lose respect for each other, and an individual becomes a variable in "market share" equations.

    195. Re:Representative government? by /dev/trash · · Score: 1

      One of the bigger telemarketing firms is based out of Pittsburgh PA,and all of the PA members of Congress voted yes.

    196. Re:Representative government? by gid · · Score: 1

      I noticed a similar phenomenon when I was always at work/wherever and never home. On saturdays I'd get bombarded with calls because no one could get ahold me during the week. Now that I was from home, it's pretty much a slow trickle during the week, because I can pick up the phone, tell them to get bent and hang up, making sure they know I'm not interested and will be a cold day in hell before I am.

      And now that I moved from Gaithersburg, MD (decent sized town) to Wadsworth, OH (small town) I noticed I get a lot less calls, I get more wrong numbers then I do telemarketers. Since a lot of people call my number wating the police dept. My last 4 digits are XYYX and the polic dept is XYXX. Damn people are careless.

    197. Re:Representative government? by Lord+Kano · · Score: 1

      Perhaps Ohio should build up some more socially acceptable industries then.

      When those people are out spending money in Ohio's society, I'm sure that it's very acceptable.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    198. Re:Representative government? by The+Wicked+Priest · · Score: 1
      The ones who voted against it did so because they realize that the federal gov't shouldn't be telling companies who they can and can't call.
      That's a straw man. The federal government isn't telling the companies not to call. THE PEOPLE WHO SIGN UP are telling the companies not to call. They're just doing it all at once, instead of one by one.
      --
      Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    199. Re:Representative government? by volkris · · Score: 1

      I don't recall signing some kind of agreement saying that anyone can call me at anytime in order to harass me until I give them money.

      I do. It's called your telephone service agreement.

      Did you accept phone service? Yes? Well then guess what: you accepted precisely what you stated above.

      I hope you are at least consistent and believe that crank calls and death threats and bomb threats should be perfectly legal as long as they are done over the phone, since you can just turn that ringer off. It's your own fault for answering, right?

      Absolutely. All of these are victimless crimes.

      Freedom of Speech, right?

      Wrong, freedom not to have the government tell me what I can and can't do with the telephone service I've paid for.

      You wouldn't want the government fineing you for accessing cnn.com, would you? It's precisely the same thing. If you put a web server on the public internet you can expect to receive some hits. If you plug a phone into an active phone line you can expect to get some calls.

    200. Re:Representative government? by volkris · · Score: 1

      No different from if I told him he couldn't make speeches standing on my front porch.

      It really is.
      A lot different.

      Your analogy would be correct if you had a giant sign saying "Make speeches here!" and then had the cops standing by to arrest all redheads who stood up to make a speech.

      If I did that, and he persisted, I'd have him arrested. Now, thanks to Congress, I can do the same if he calls me on the phone.

      If somebody calls you and you tell him not to call back, chances are you could have taken action against him without any help from this new regulation.

      Your analogy with GE putting up a "do not view" web page is pathetic, by the way. If people don't want others to view their web page, they password protect it.

      And if you don't want others to call your phone you can put a little keypad password thingy between your phone and the wall. There is absolutely no difference.

    201. Re:Representative government? by volkris · · Score: 1

      And what I decide to do with my property is my business.

      Precisely. And in this case by plugging your phone into the phone system and even paying for phone service, you've decided to accept incoming call signals from strangers. That what the phone system is; there's no way to agree to phone service without agreeing to that.

      50 MILLION people just told the country that they are sick and tired of this fucken bullshit called telemarketing

      And there's perhaps the worst argument you could possibly come up with.

    202. Re:Representative government? by Anonymous Coward · · Score: 0

      Ron Paul is one of the few people in congress with a clue. Here is his website http://www.house.gov/paul/tst/welcome.htm

      Americans are just amazingly stupid. Government couldn't protect them on 9-11, despite ample warnings and more than sufficient time to scramble planes in response.

      Government can't keep drugs out of their own prisons, much less schoolyards. We'll leave the question of the failed drug policies for another day.

      Government schools do a poor job of educating students by any rational standard. Government teachers show that the solution for every problem is a government solution. And when that particular solution fails students are taught to examine how the solution could have been changed or more money could have been spent to make the solution work.

      The underlying assumption that government is the solution to every problem is never questioned. Students are never taught about all the damage government programs and policies do to our country.

      Virtually every government promise or program is an abject failure.

      Yet Government will protect us from telemarketers. This will just be another failed government program with unintended consequences and ever expanding costs. Soon we'll have a CZAR of telemarketing.

      One thing is certain. You people sure do keep me laughing!

    203. Re:Representative government? by Anonymous Coward · · Score: 0

      Trust me, being in Flake's district, I don't intend to forget...

    204. Re:Representative government? by Wolfrider · · Score: 1

      --It's not really a Good Thing to just reflexively vote on something without considering the issues on a case-by-case basis. Good ideas tend to get thrown out with the bad.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    205. Re:Representative government? by dosius · · Score: 1

      The day I got my phone line working I got spammed.

      It doesn't help to not give your number out.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    206. Re:Representative government? by Anonymous Coward · · Score: 0
      No, it's more like 50 million* people have asked the US gov't to put up premptive no music zones around their homes. You don't have any problem with that?

      But we're talking unsolicited commercial phone calls. I'm sorry, but I don't see the downside here. I don't see the slippery slope. I don't see the tin-foil hat paranoia. The list is still opt out, so you get spammed by default.

      I think that's all we're asking here. Just name one legit benefit to scrapping the national DNC list. And come out with the free speech/jobs for the poor red-herring bullshit. Real world examples. What am I missing that is so terribly important by signing up for this list?

    207. Re:Representative government? by Darren+Winsper · · Score: 1

      Their money would be even better if they didn't get it by pissing people off.

    208. Re:Representative government? by Anonymous Coward · · Score: 0

      So you're saying it was a safe vote for him. He can go back to the voters next election saying he 'took a stance' and voted no for the national DNC list, while avoiding the wrath of regular people with regular jobs, because the law passed anyways.

      Well done, indeed.

    209. Re:Representative government? by kelnos · · Score: 1

      agreed. i think it just boils down to finding a balance between government intervention and self-made remedies to make our lives less... annoying. and where is that balance? does this national do-not-call registry promote this balance, or does it go a little to far? i happen to think it's a step in the right direction, but i can't say that i believe i'm definitively right. maybe things like this law hinders development of 3rd-party technologies (etc.) to combat spam/telefreaks (i.e., "if the gov't will do it for us, why bother" attitudes). maybe not. maybe yes, but with minimal impact.

      but what i can say is that i know my dad will be much less annoyed now that the 15+ calls he gets daily will slow down a bit. (and i'd be happy too if i hadn't ditched my landline in favour of a cell.)

      --
      Xfce: Lighter than some, heavier than others. Just right.
    210. Re:Representative government? by blitziod · · Score: 1

      under the prior law you where free to not listen. If you requested a company not call you and they did again, you could sue them. Just that people never did this. The reason is that as much as they SAY they hate TM calls and how much they affect their lives, they are really not that big a deal and not worth the time to take to recover minute( 50 or less) damages. You had , however, no write to prevent people from contacting you who you never heard of before. This law violates the first amendment by giving the goverment power to prevent types of speakers as a group from talking about certain things to another group of people.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    211. Re:Representative government? by holt · · Score: 1

      Yeah, but still, is 5000 people's annoyance worth the suffering the 500 people would feel if they all lost their jobs?

      I'm not necessarily saying I agree with this point of view (the government shouldn't be responsible for creating jobs) but the point that statement is trying to make is that the suffering caused to that one telemarketer is worse than the total suffering he causes, and therefore it's ethically right to try to preserve those jobs.

    212. Re:Representative government? by MrLint · · Score: 1

      INdeed the constitution doenst grant you the right to have a job.

    213. Re:Representative government? by Anonymous Coward · · Score: 0

      "Nowhere in this country, or any other, does there exist a right to speak to someone who doesn't want to listen."

      The First Ammendment doesn't mean you have to listen. It doesn't even mean you can't punch me in the nose if I piss you off. It just means that the federal (and state by way of the 14th Ammendment) government can't pass a law preventing me from speaking to you, no matter how annoying or disgusting I am.

    214. Re:Representative government? by holt · · Score: 1

      Well, not specifically, but when they wrote "life, liberty, and the pursuit of happiness," by "pursuit of happiness" they actually did mean the right to earn a living and better oneself.

      But I would absolutely agree with the idea that the American government is not set up to be a job-creator, if the reason those jobs are created is simply because they are trying to create jobs.

    215. Re:Representative government? by Nuttles · · Score: 1

      by my logic WE DO NOT need more people pumping gas.

      My point was that the government should protect abuse by companies to the general public rather than protecting jobs. How does that logic equate to me saying that we need more people pumping gas?

      Nuttles
      Christian and proud of it

    216. Re:Representative government? by Copid · · Score: 1
      You're right. It's between the telemarketer, the phone company, and the person he's calling. And the person he's calling has made it publically known that he DOES NOT want to be called. You make it sound as though the government is butting in on some sort of long standing, mutually beneficial relationship to the detriment of all. This is simply false.

      The telemarketer calls people to make money. The phone company carries phone calls to make money. The end user has his time wasted and life interrupted for no benefit to speak of. This is not a group of 3 satisfied business partners. One of them wants out, has said he wants out, and now wants the government to enforce his wishes to get out. Trying to paint this as some sort of private agreement among the three is distortion at best.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    217. Re:Representative government? by Anonymous Coward · · Score: 0

      Sometimes, it's a good thing to vote against something that sounds "good" if it's done in the wrong way.

      For example, most of the legislative abominations of the last couple of decades that were empowered under "interstate commerce" and similarly inappropriate methods. It may sound like a good idea to enact legislation for instance that says it's okay to seize drug-dealers money. However, what if this allows anyone carrying cash over a certain amount to have it seized without due process? There are enough ridiculous and ill-conceived laws already on the books without adding to the pile. Congress should have a session devoted just to striking out obsolete and ineffective legislation.

    218. Re:Representative government? by Copid · · Score: 1

      Here's the reason why, and it's also why this industry is such a bottom feeding plague on society. Most of the people they sell goods and services to don't like getting the calls and would sign up for the list of they could. They're just not assertive enough or are otherwise easily bullied into buying things. These people hate dealing with high pressure salespeople and avoid shopping at places where they lurk. They can't, however, avoid the salespeople who take it to them. Given an opporunity, they will, and the most fertile grounds for the telemarketers will dry up. Telemarketers don't exist to tell people about products they've never heard of. They exist to push people into buying things they don't want.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    219. Re:Representative government? by angedinoir · · Score: 1
      Of course they'll send over free hookers...

      ...and when they get there, if you don't buy their viagra, they'll break your windshield with a penis pump.

    220. Re:Representative government? by Anonymous Coward · · Score: 0

      Of course they voted against the bill. The economy is in a bad state... lets devastate a billion dollar buisiness? Which would you rather have to put up with, a few telephone calls, or paying out another 10% of your income so the out of work telemarketer on disability can live?

  3. In other news.. by Harald+Paulsen · · Score: 4, Funny

    ..hell just froze over.

    --
    Harald
    1. Re:In other news.. by Tackhead · · Score: 4, Funny
      > ..hell just froze over.

      Yeah, what the hell's going on here? Judge screws over 50,000,000 people because Congress screwed up. OK, so far, story makes sense.

      But what's with Congress fixing the problem, especially fixing it within a few days. I mean, come on, this is September 2003, not 2004! Nobody's gonna remember Congress fixing its mistakes when the elections are over a year away.

      WTF d00d? Did they also legalize drugs and a stoned-out-of-its-gourd Congress just forget to put it in the Record? Did terrorists put LSD in the Congressional water supply? KGB Agents under deep cover flipping all the calendars a year ahead in every office? A sudden attack of civic conscience? Just what the hell is going on on Capitol Hill, and is there any way of continuing it?

    2. Re:In other news.. by AaronStJ · · Score: 1

      > Yeah, what the hell's going on here? Judge screws over 50,000,000 people because Congress screwed up. OK, so far, story makes sense.

      > But what's with Congress fixing the problem, especially fixing it within a few days. I mean, come on, this is September 2003, not 2004! Nobody's gonna remember Congress fixing its mistakes when the elections are over a year away.


      The reason seems obvious to me. The congressmen themselves are damn tired of getting telemarketing calls.

      --
      Stupid like a fox!
    3. Re:In other news.. by Tackhead · · Score: 1
      > The reason seems obvious to me. The congressmen themselves are damn tired of getting telemarketing calls.

      You mean in addition to representing their constitutents, Congressmen and their families and friends answer their own phones?!?!

      Hell didn't freeze over, it must have phase-transitioned into superconductivity.

    4. Re:In other news.. by Anonymous Coward · · Score: 0

      Which means we need to sign them up for a LOT of spam.

      And RIAA lawsuits.

      And SCO invoices.

      And CSS licenses.

      Hmmm... DDoS a business plan... I like it!

    5. Re:In other news.. by Anonymous Coward · · Score: 0

      Because they've already debated the do-not-call bill, it's been through committee and all that other stuff that slows the process. All they're doing is fixing a technicality. And since it's a politically popular bill, most of them want to be seen as supporting it.

    6. Re:In other news.. by jmors · · Score: 1
      What is going on is the congresspeople who voted for the bill so quickly are all ON the do-not-call list! THEY don't want to be disturbed. I think that those 8 who voted against should be restricted from adding their names to it. :)

      --
      The Matrix is real... but I'm only visiting!
    7. Re:In other news.. by NOLAChief · · Score: 2, Insightful
      Nobody's gonna remember Congress fixing its mistakes when the elections are over a year away.

      True, but that's assuming the general public won't be reminded every time some scum sucker calls them during dinner time. In the same vein, the congresscritters might face some heavy pressure to close that political phone call loophole come election time.

      (Slightly OT, but last time Congress passed something this fast, we got that lovely gem known as the Patriot Act...Scary.)

  4. Regulations by The+Old+Burke · · Score: 0, Troll
    Sad to see that the House is so easily influenced by popular media bias and don't make up their own mind on the issue instead. It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's area. Why not then let the court decide the case?

    Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.
    From NyTimes:

    He also said the industry would like to work with the government to find a solution acceptable to telemarketers and consumers.
    Common, why not call a spade a spade. Everyone knows that this could mean the end off telemarketing as an economical way of doing bussiness. A do-not-call registry will lead to those people that don't wnt to list themselfs in such a Big-brother registry will get more incoming calls, and since they can't buy as much as the whole population eventually they will have to lower themselves to a level where they must sign up to this list.
    Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.

    While many of us don't like people selling us things we don't like but thats capiatalism you know.

    --
    Proud patriot and republican voter.
    1. Re:Regulations by Anonymous Coward · · Score: 1, Insightful

      This is slashdot, we don't like capitalism, because we got fired from our dot-com jobs when it turned out that we generated nothing of value. We want all that free stuff back and we want the rich people to pay for it because they aren't giving us free music, are making OS' we don't approve us, and are generally conspiring to keep us down.

      Sincerely,
      A. Slashbot.

    2. Re:Regulations by eln · · Score: 5, Insightful

      Telemarketing will die because the telemarkers finally managed to make themselves obsolete by increasing their most annoying habits (pre-recorded autodialers, calling during dinner every night) that people had finally just had enough. This will be bad for the economy in the short term in some places where this business thrives, but it's not as devastating as some would have you believe.

      Industries form and evaporate all the time, yet the economy survives. Those people that are currently engaged in telemarketing will find some other way to make money, and markets will adapt. The economy didn't implode when the automobile devastated the buggy whip business, and it won't implode due to this either. The real fear is what sort of even more annoying marketing tactics will be invented now that this one is being slapped down.

    3. Re:Regulations by Anonymous Coward · · Score: 0
      Sad to see that the House is so easily influenced by popular media bias and don't make up their own mind on the issue instead. It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's area. Why not then let the court decide the case?
      Why not kick in your face until your head is decomposed enough to see what kind of shit is inside of it?
    4. Re:Regulations by hawkfish · · Score: 2, Insightful
      Sad to see that the House is so easily influenced by popular media bias
      That's democracy, you know...
      --
      You will not drink with us, but you would taste our steel? - Walter Matthau, The Pirates
    5. Re:Regulations by mindstrm · · Score: 1

      Great. I hope it dies. Telemarketing is the phone equivalent of spam.

      If only we could deal with spam so easily.

      Leave my fucking phone alone.

    6. Re:Regulations by Anonymous Coward · · Score: 1, Interesting

      I pay a phone bill to use my own phone as I see fit. I'm not paying to have some dipshit try to sell me stuff I don't want. If I want something, I'll go buy it.

      Every time I answer one of these calls, I tell them to put me on their do-not-call list. But you know what? There's always some new dipshit company calling.

      Enough is enough. Fuck 'em. Let them find new jobs.

    7. Re:Regulations by I+am+Kobayashi · · Score: 2, Interesting
      If the legislature authorizes the F.T.C. to do anything, then by definition they are not "engaging in regulatory imperialism and rul[ing] outside it's area."

      Based on today's vote, I think it is pretty clear that the legislature had given the F.T.C. this authority. The reason for the hurried vote is not just the public outcry from yesterday's ruling. Legislators take offense when a court misreads their intent. They are simply clarifying their earlier position.

      And why is the end of telemarketing a bad thing? Sure people will lose their jobs, but industries die and employees are forced to gain new skills everyday. This was an industry that made their profit by harrassing people in their own homes. The telemarketing industry should never have been allowed to exist to begin with.

      As far as those employees who lose their jobs, perhaps the fines collected for violation of the do-not-call list could go to a fund to pay for skill training programs for former telemarketing workers? Sounds like a plan to me.

      --
      --Kobayashi--
    8. Re:Regulations by spigi · · Score: 1

      The Old Burke wrote:
      (quote edited for accuracy but not spelling)
      > Several analysts have ponted out that this coud
      > mean milions of lost jobs in an ... industry.

      Good. I have no sympathy for those people who will be put out of work by the DNC list. They should have paid attention in high school so they could have gone on the college and obtained worthwhile jobs. I have no obligation to support the mentally weak and lazy.

      Spigi

    9. Re:Regulations by YrWrstNtmr · · Score: 4, Insightful

      It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's area.

      Clear? Outside its area? How so? That is the Federal Trade Commission. It would seem that they are in charge of regulating trade that crosses state lines.

      Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.

      Boo hoo. No one ever guaranteed that "industry" a profit.

      Everyone knows that this could mean the end off telemarketing as an economical way of doing bussiness.

      So be it. See above. Let them find a different business model. One that is not so intrusive upon the consumer.

      While many of us don't like people selling us things we don't like but thats capiatalism you know.

      Capitalism does not include the forcing of your selling mechanism upon me. You can advertise all you want. I have the right not to be bothered with it if I don't want to.
      With telephone advertising, there is really no method, short of unplugging the phone, to turn it off. The DNC list provides citizens that method.

    10. Re:Regulations by Easy+as+1-2-3 · · Score: 1
      I people lose their jobs because they are "selling" things in a way people do not want to buy them, its not tragic, its right.

      You don't see me bithcing because my shit on a stic service didn't pan out do you?

    11. Re:Regulations by b-baggins · · Score: 1

      *Why not then let the court decide the case?*

      Yeah, why don't we just let unelected, unaccountable judges decide everything? Heck, we can let them write laws from the bench, too. I submit the Florida Supreme Court and the US 9th Circuit be given that job, since they're so good at it, although the US Supreme is catching up quick.

      Let's just chuck this whole representative government thing and submit happily to judicial imperialism.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    12. Re:Regulations by Akai · · Score: 1

      The definition of "Important Industry" is, I'm sure you'll agree, purely subjective in this case.

      I for one, do not find the 10-15 marketing calls a day I get on my home # (I screen all calls, and if they don't leave a message, I assume they want to sell me something) to be an important business, rather I find it intrusive, a virtual trespass into my home, a waste of my (billable) time, etc.

      As for "Big Brother List" I'm far more afraid of all of Mr. Ashcroft's new lists (library books, reading habits, slashdot postings, etc) than a list that contains only telephone #'s and not names.

      It's obvious to me you're either a troll, an industry rep, or simply deluded.

      Your corperate croney run Republican administration has cost more jobs in the last three years, in the name of "Captialism" than this move will. Besides, most of these call-center employees could pick up a bigger paycheck at the local McDonalds than what they're being paid now.

      If these same call center employees walked into your house, which not only would offend you for having someone who's likely a minority in your house, but not cleaning you laundry, and sat down at your dinner table and started trying to sell you Insurance, or a food dehydrator, you would probably take your constitutionally protected shotgun and either chase them out of your house or shoot them on the spot.

      Telesales is, like door to door sales were, a dying method of shoving products down a customer's throat. If the industry fizzles and dies, no one will miss it, no one will even recall it fondly, like they do the Milkman.

      --
      Please send all UCE to scally@devolution.com so I can f
    13. Re:Regulations by Anonymous+Meoward · · Score: 2, Interesting
      Sad to see that the House is so easily influenced by popular media bias and don't make up their own mind on the issue instead.

      Um, no, they were influenced by citizens. Fifty million pissed-off citizens.

      If we're worried about killing off industries that employ, hey, let's legalize heroin trafficking. Plenty of folks gainfully employed there.

      It's a shame that the FTC needs help from Congress to carry out its mission, actually.

      Everyone knows that this could mean the end off telemarketing as an economical way of doing [sic] bussiness.

      Why do you think we all signed up for it?

      While many of us don't like people selling us things we don't like but thats capiatalism you know.

      I have some Viagra substitutes to sell you, along with an opportunity to move money out of Nigeria. What's your phone number?

      --
      --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
    14. Re:Regulations by drakaan · · Score: 1
      Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.

      I disagree about your description of this industry. "Important" is not a word I would use. There are already ample marketing methods available to people who want to sell stuff. If you doubt this, turn on the radio or TV, or surf the net.

      The fact that a "do-not-call" registry was thought up doesn't mean additional lost revenue for the telemarketing industry, it means I don't have to listen to an assinine sales pitch for however many seconds it takes for me to get my "no thanks" in. Marketers are required to remove you from any calling lists at your request, and this list streamlines that process, and helps everyday people that (like me) don't buy anything from anybody who calls uninvited.

      This doesn't necessarily mean the end of telemarketing as an economical way of doing business, only 50 million of the over 250 million people living in the US signed up.

      I don't mind people selling me things, but I *do* mind being interrupted in order for them to do it.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    15. Re:Regulations by eggsurplus · · Score: 1

      If you would ever thing of buying something over the phone then you wouldn't sign up on the do-not-call list. But many people like myself won't even give these telemarketers anytime to sell because it pisses us of too much. Its a waste of our time and money and their time and money. They can be more productive as a result by only calling people who actually don't mind it.

    16. Re:Regulations by Erwos · · Score: 1

      "Why not then let the court decide the case?"

      It did. And since the court said, "Congress never explicitly gave you the power to do this, so you can't", Congress is now saying to the FTC explicitly, "OK, here's the power!"

      It's tough that some people will lose their jobs over this, but our democratic society has spoken: we want no-call lists, and to hell with the industry. The bulk of the telemarketing industry is low-skills, I should think, so they won't have to be retrained too much to find a new job.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    17. Re:Regulations by Anonymous Coward · · Score: 0

      I'm not so sure that this will have as big an impact on the telemarketing 'industry' as some predict. Telemarketers make thousands or millions of phone calls expecting only some very small fraction of people respond in a positive way by purchasing the product or service. It is likely the 50 million people on the do not call list would not fall into this small fraction. Sure, the telemarketers will have less phone calls to make, but I don't expect the sales of goods and services to drop very much.

      That is not to say I would not be delighted to see this very annoying industry die, relieving the population of a tremendous aggravation and allowing advertising resources to be spent on less invasive forms of advertising.

    18. Re:Regulations by Mr.+Slippery · · Score: 1
      Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.

      Some jobs should be lost. Do we moan that a reduction in crime leads to a loss of jobs in the burglar alarm industry?

      And telemarketing is an "important industry"? You must be trolling.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    19. Re:Regulations by Anonymous Coward · · Score: 0

      Of course, the telemarketing jobs that will be lost will likely be prisioners anyway. Egads, they'll have nothing to do all day except learn about methods to commit better crimes from the people who got caught using those methods.

      Of course with the highest incarceration rate of any industrial nation, the job I sacrafice may be my own someday...

    20. Re:Regulations by PhiltheeG · · Score: 2, Insightful

      Millions of lost jobs in an important industry? End of telemarketing as an economical way of doing business?

      Millions of lost jobs, yeah tell that to the damned auto-recording that calls my number almost every freaking day, I'm sure that machine's job will be missed. Why not move telemarketers over to call support - about the same thing. Better service is why I cancelled one telco to choose another - at least one telemarketer a week wanting to switch my local but 45 minutes to get support, from the same company... If my number is on the list, it is saving a telemarketer money - I'm not buying so why waste time calling?

      Advertising as a whole is a scary business model to build upon. This is just one of many examples where people are just plain sick of it.The year and a half I spent without a land line (all cell) was heaven, I'm ready to go back. Caller ID never worked and neither did "take me off your list, don't call." I'm not going to pay extra for a privacy manager or a private PBX so what am I supposed to do? IMHO telemarketers inflated their own worth and ignored growing anger towards them for at least four years now, so good riddance...

      --
      -Phil
      Shoot questions, first ask later...
    21. Re:Regulations by Spl0it · · Score: 1

      And as others have pointed out, TIME = MONEY therefore if we all have that much more time everyday, not only at work but at home, our lives as inviduals will be less stressful and more productive!!!!

      Thus creating jobs from the increase in productivity and healthier employees! Everyone knows that stress leads to illness.. if employees are happy and less stressful.... we can conclude that more work is getting done, in all industries (Reputable ones).

      My 2 cents!

      --

      No, this is
    22. Re:Regulations by Steve+B · · Score: 1
      If we're worried about killing off industries that employ, hey, let's legalize heroin trafficking.

      Hell, heroin trafficking is more respectable than telemarketing -- at least the junkies actually want heroin.

      --
      /. If the government wants us to respect the law, it should set a better example.
    23. Re:Regulations by Steve+B · · Score: 1

      It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's [sic] area. It's not at all clear. A bill was passed by the Congress and signed by President Bush directing the FTC to run the Do Not Call list, describing the penalties for telemarketers who called numbers on the list, and allocating the money from those fines to the maintenance of the list. Basically, the judge ruled that Congress had made a clerical error in not explicitly stating that the FTC was authorized to do that which Congress had just directed them to do and given them a budget to do.

      --
      /. If the government wants us to respect the law, it should set a better example.
    24. Re:Regulations by Steve+B · · Score: 1

      For that matter, lots of legitimate incoming call centers are short-staffed (as evidenced by the time I have to wait on hold when I want to talk to a business on the phone). Let the obsolete telemarketers look for work in that market -- it uses similar skills.

      --
      /. If the government wants us to respect the law, it should set a better example.
    25. Re:Regulations by dan-o77 · · Score: 1

      If you want people calling you and selling you shoddy merchandise for 3 easy monthly payments of $39.99, the leave your number off of the list. I personally hate those bastards and their cheap crap.

    26. Re:Regulations by chef_raekwon · · Score: 1

      selling us things we don't like but thats capiatalism you know.

      uh - there are 300 million Americans. 50 million, aka 1/6 of all Americans basically said 'Fsck You' to people peddling their products in their private space. good enough reason to have a law....and generally when you have that kind of turnout - it will be made law quicker than you can turnaround.

      and nobody gives a rats ass about the lost jobs- they are pointless jobs anyway. if no one had ever thought to do telemarketing, the jobs would never have been created in the first place.
      now they might have to find a real job - you know, like flippin burgers..

      --
      We're like rats, in some experiment! -- George Costanza
    27. Re:Regulations by kfg · · Score: 1

      Arbitrary business plans do not have an inherent right to be profitable, nor even to exist in the first place. Nor do the people who work under such business plans have an inherent right to their jobs.

      Think of all the crack cookers who are out of work and drug pushers whose business model is under attack just because crack is illegal. Think of the poor, starving children of all the extorsionists and contract killers "just trying to make a living."

      I fully support the right of free speach. I personally don't believe there is any such thing as a "bad" word, image or thought. Only bad actions. If you swing your arm around and fail to hit my nose I really don't give a damn and think you have every right to swing your arms. I may, however, "opt in" to your hitting my nose.

      So. . .

      You have a right to speak freely. You do not have a right to make me listen. That's hitting my nose.

      Existing law already acknowledges this situation and does so in a way that has been deemed Constitutional. You may speak, but you may not harass.

      The survey person at the mall may solicit your participation, but she can't follow you around the mall all day.

      Your ex-girlfriend can't call you up all time if tell her you opt out of such behaviour.

      Opting out of receiving calls already has legal standing.

      The do not call list is opt out. It does not infringe on free speach. It protects rights to not have speach impinged upon you in a manner that is inherently personal (as a opposed to a billboard which is in the public sphere, and even banning billboards has withstood certain Constitutional challenges already since they are an issue of building codes, not speach per se).

      I believe the judge was probably right in ruling that the FTC didn't have the authority to directly impose the do not call list. I wish more judges would make like rulings against all the various "authorities" who abrogate and pervert the Constitution and allow Congress to violate the very nature of American legal philosophy through the use of "codes." Why the American public has even allowed this is beyond my compreshension.

      However, if Congress passes a law allowing me to opt out of commercial harassment in my own home a priori I have no more philosophical problem with that than I do with the law that says you can't just walk up and punch me in the nose.

      KFG

    28. Re:Regulations by Experiment+626 · · Score: 1

      "Common, why not call a spade a spade. Everyone knows that this could mean the end off telemarketing as an economical way of doing bussiness."

      Why should this hurt the telemarketers business? It could be a great thing both for the public and for the telemarketers. They now have a list of the 16% or so of the U.S. population who have no interest whatsoever in buying their product, so they can focus their efforts on the people who might be.

      Imagine you are trying to get a job, so you wander randomly from building to building, handing resume's to the HR staffs. Then someone hands you an up-to-date list of every company in town who have no positions available in your field. You could whine about how missing out on being rejected by these companies firsthand is somehow ruining your job search, or you could use it to your advantage, concentrating on the remaining firms, where you at least have some chance, and have your overall success rate at getting interviews go up.

    29. Re:Regulations by VargrX · · Score: 1
      Huh?

      Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.


      I take it your a telemarketer then? Important industry to whom? The other worthless sh*t's that call when my family is ready to sit down to dinner, or the one's that call, infallibly, 5 freakin minute's before we're ready to try and get the kids into bed?

      Let them ALL burn in hell, let anyone who would have the brass balls to pick up a telephone and willfully call someone at what is now a known time that the most family member's are home, and attempt to sell some slimy, 'made in ' stamped piece of crap, or useless 'insurance' that you will a) never need, or b) the gods help you when you attempt to place a claim, end up at hell's gate with a demon hung bigger then the goatse.cx gent just drooling over the thought of 'getting a piece of new meat'.

      Sorry, but thier livelyhood ENDS at my door, and yes, Virginia, that does include my phone.

      While many of us don't like people selling us things we don't like but thats capiatalism you know.


      Your right, it is capitalism. Part of capitalism is also 'Consumer Choice' and 'Free Markets'. I, as a 'CONSUMER', CHOOSE NOT to get these calls, and for the moneygrubbing telebastards, the 'FREE MARKET' has other, proven, way's of making money that aren't so obnoxious.

      --
      Sometimes people just have to learn and adapt to change, it is one of the requirements of being a living thing.
    30. Re:Regulations by FuzzyBad-Mofo · · Score: 1

      Amen, brother. I used to play the "put me on your do not call list" game, but it never really made a difference because as you so elequently said, "there's always some new dipshit company calling".

      After a while I just got sick of talking to telemarkers. Nowadays I don't even bother picking up if the caller id says "unavailable", but it's still an interruption and an annoyance. A national telemarketer do-not-call list is excactly what we need. With this list, we take away the power from the shady telemarketer companies and put it in the hands of the people.

    31. Re:Regulations by proj_2501 · · Score: 1

      i hope you have that attitude when you get old and sick, and can no longer afford to pay medical bills, so nobody has to pay for your social security and medicare benefits.

    32. Re:Regulations by I8TheWorm · · Score: 1

      Why not then let the court decide the case?

      Um... because courts don't make laws, they interpret them? If Congress decides to make a law, then great, they're doing their job, as long as it's a law that... say.... 50MM people want.

      milions of lost jobs in an important industry

      Important? I want what you're drinking! Is it important to rip off retired people on a fixed income by selling them an "Amazing new invention" or a timeshare they don't need and won't use?

      All this list is doing is allowing the people that know they don't want to buy anything over the phone to quit getting calls from people trying to convince them otherwise. Get it? The people that want to buy things over the phone simply do not add their name to the list.

      There. Problem solved. And time and $$ saved for those telemarketing companies.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    33. Re:Regulations by pmz · · Score: 1

      Telemarketing will die because the telemarkers finally managed to make themselves obsolete by increasing their most annoying habits (pre-recorded autodialers, calling during dinner every night) that people had finally just had enough. This will be bad for the economy in the short term in some places where this business thrives, but it's not as devastating as some would have you believe.

      This legislation is specific enough that it doesn't make much difference. Telemarketing would have gone away with or without it. The more annoying advertisements are already occuring (e.g., those commercials between commerials, where an animation destroys the show by taking up the bottom third of the screen to advertise other shows, which are a clear indication of what tripe the Discovery and TLC channels are as they were among the worst offenders).

    34. Re:Regulations by dheltzel · · Score: 1

      If you're that worried about the economics of this, by all means keep yourself off the list. And go talk all your friends into staying off also. I'm on the PA do not call list and it's great, I can't remember the last time we got a call. I never buy the stuff anyway, so I'm just saving their employees some time. They can call the people who really want their product. This will obviously improve the economic situation for the telemarketers as it reduces their overhead a lot. I should think the telemarketers would love this.

    35. Re:Regulations by eln · · Score: 1

      I hate those things! They not only take up the bottom third of the screen, but most of them have sound that drowns out the sound on the show you're actually watching. I don't know how many times I've missed dialogue on some show because of that stupid crap.

    36. Re:Regulations by Millennium · · Score: 1

      It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's area.

      How so? Honest question.

      Everyone knows that this could mean the end off telemarketing as an economical way of doing bussiness.

      It probably will. This does not bother me. Business models come and go. In business, just as in nature, the rule is to adapt or perish. I see nothing wrong with that. I do see something wrong with corporate lobbyists manipulating the law, simply so that businesses won't have to make the effort to adapt to the markets. When a business controls its market, rather than the other way around, capitalism breaks.

      While many of us don't like people selling us things we don't like but thats capiatalism you know.

      No, it's not. It's often mistaken for capitalism, but it's really the opposite.

      Allow me to explain. Capitalism is characterized by the law of supply and demand; that is, business adapts to the open market. In essence, the markets control business; when the market wants something, business rises to meet it, and when the market ceases to want it, the businesses either adapt or perish.

      But within the past fifty years or so, a new phenomenon has arisen. Businesses are tired of being at the whim of the markets. They want to turn the tables and control the markets instead, by making us accept whatever they want to throw at us. They do this by lobbying Congress, manipulating the law for the sole purpose of preserving their business models, so that they no longer have to make the effort to adapt. Good for them, bad for the consumer. Why do they want this? For most, it's a matter of cost more than anything else; if they don't have to be at the beck and call of their customers, they save a lot of money.

      This is not capitalism. In fact, it's the opposite. Some have called it mercantilism, though that's not quite correct (that's the name of a different system). I'm not sure there's a good name for it yet. In the end, though, it's bad for the consumer, because it takes yet another measure of control over our own lives out of our own hands.

      That's why I'm not worried if the Do-Not-Call list breaks the back of the telemarketing industry. I doubt that it will; if half the households in the US have categorically rejected telemarketing, and the telemarketers no longer call them, then theoretically their response rate should double, which should make them more economical, not less. But frankly, that doesn't bother me either way. I'm sick and tired of this crap that corporations are feeding us, calling it capitalism when it's anything but. Let it float in the markets without its governmental safety net, and let it sink or swim, as it will.

      I want my capitalism back.

    37. Re:Regulations by pmz · · Score: 1


      They not only take up the bottom third of the screen, but most of them have sound that drowns out the sound on the show you're actually watching.

      It's also interesting how I rarely watch those channels anymore. I hope Discovery sees it in their ratings...but with TLC doing tabloid "when cops attack" type garbage their ratings are probably through the roof. Truly sad.

    38. Re:Regulations by QuackQuack · · Score: 1
      Telemarketing will die because the telemarkers finally managed to make themselves obsolete by increasing their most annoying habits (pre-recorded autodialers, calling during dinner every night) that people had finally just had enough. This will be bad for the economy in the short term in some places where this business thrives, but it's not as devastating as some would have you believe.

      I wouldn't claim that it wouldn't be much of an economic loss. Since they are basically selling people things that they don't want to begin with. They are taking advantage of certain types of people, the weak-willed, the elderly, and the gullible. Sure it provides jobs, but not very good ones. Who wants to sit connected to a headset all evening reciting the same script over and over to irate people who take their anger out on you?

      The truth though, is there is enough loopholes in the law that the telemarketing industry won't exactly whither away. I'll bet we'll be getting a lot of "survey" calls that are just thinly disguised attempts to sell us something real soon:

      Phone Call: Good Evening Sir, I'm taking a survey about telephone service. How would you rate your current phone carrier. A) You're so happy with it that you write love sonnets to the CEO. or B) You don't do that.

      You: B

      Phone: Since you've indicated that you are not at all happy with your phone service, would you be interested in...

      --
      By reading this sig, you agree to the terms of my sig license.
    39. Re:Regulations by happyhamster · · Score: 1

      What "some other way"? Specific, please. I am SO fucking tired of idiots like you bullshitting how everyobdy who lost their jobs recently will "just find another job". Manufactring to China, programming to India, telemarketing just out... WHAT fucking other jobs with comparable salaries have been created? Again, be fucking specific, company names, regions, number or positions, salaries... or go fuck yourself, dickhead.

    40. Re:Regulations by Anonymous Coward · · Score: 0

      " . . . would offend you for having someone who's likely a minority in your house, but not cleaning you laundry . . ."

      Damn well put. I think you have captured the essence of The Old Burke.

    41. Re:Regulations by HermesHuang · · Score: 1

      On the same note, hopefully pop-up ads will slow down a bit as more and more people install pop-up blockers and more and more software supports it. I suspect if IE were to ever incorporate a pop-up blocker the practice would die out fairly quickly. Granted, it doesn't matter to me anymore because I have a pop-up blocker (google toolbar) and could care less whether they're there or not because it does an exceptional job of blocking them out.

  5. Shocked by grasshoppa · · Score: 5, Interesting

    Wait, my government went against a bussiness interest for the sake of the people?

    They did a good thing?

    I take back some of the bad things I have said about them. Now if only they could continue this trend...think about it...RIAA ruled unconstitutional, it's members shot. MS seperated into many different companies, forced to develop OSS.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:Shocked by Harald+Paulsen · · Score: 2, Funny
      Wait, my government went against a bussiness interest for the sake of the people?

      Yes, the telemarketers obviously tried to call congressmen during dinner to present their case and for some strange reason it backfired.

      --
      Harald
    2. Re:Shocked by Anonymous Coward · · Score: 0

      Wait, my government went against a bussiness interest for the sake of the people?

      Nope. The do-not-call law allows companys to call if they have an ongoing business relationship. Expect your cable megamerger company to sell you a variety of products you don't subscribe to. It's no wonder Republicans will back the list.

      Call me cynical, but I fear the no-call list means big business just got bigger.

    3. Re:Shocked by Anonymous Coward · · Score: 0

      you're not cynical.

    4. Re:Shocked by pmz · · Score: 1

      Wait, my government went against a bussiness interest for the sake of the people?

      It's a pretty trivial business interest. Your government is still corrupt. Sorry.

    5. Re:Shocked by rabbit994 · · Score: 1

      Why should Microsoft be forced to open source anything? Licensing is a companies choice. If they want to be closed that's their choice. We have alteratives to Microsoft and they are gaining. Personally, I've yet to see a open source desktop that is ready for mainstream. OS X is damn good and Microsoft is so-so. Haven't seen Suns so i can't comment. KDE and Gnome are getting there but not there yet.

    6. Re:Shocked by mikelu · · Score: 1

      This only because telemarketers don't have enough money to lobby effectively. The RIAA, on the other hand, is rich enough to buy all the votes they need.

  6. How warm and fuzzy.. by grub · · Score: 5, Funny


    "Fifty million Americans can't be wrong."

    Unless those same 50 million people are using P2P software.

    --
    Trolling is a art,
    1. Re:How warm and fuzzy.. by realdpk · · Score: 2, Interesting

      Or those 50 million people voted for The Other Guy.

    2. Re:How warm and fuzzy.. by The+Old+Burke · · Score: 0, Troll
      50% of the population do have an IQ below average too; that does NOT lead to the other 50% being smart.

      Just because 50 million people have used P2P software that does not make it less unethical or illegal.

      --
      Proud patriot and republican voter.
    3. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      Or they voted for Bush...

      Bush allowed MS to roam free and that's just not right.

    4. Re:How warm and fuzzy.. by Arcturax · · Score: 5, Insightful

      Funny, but a very good point too. But this does show that when the people are upset enough about something, the government will have to react. The trick is to get enough people to care about the cause that it will make the reps sweat around election time.

      Now that the RIAA is going after Joe Sixpack and his family, you are going to see the same kind of backlash against them only in a much faster and more brutal way. Some reps have already come forth looking rather nervous about what the RIAA is doing and some have even given at least lip service to legistlation to stop the RIAA.

      With telemarketing, you just got bothered to buy crap and you could hang up. With the RIAA, you get a letter and you have to pay them thousands of dollars or you have to pay a lawyer thousands of dollars to try to get you out of it. Common people will react to that far more vehemantly than they did to telemarketing, just wait, in about six months expect to see a lot of reps and senetors start abandoning the RIAA ship as public antagonism aginst the RIAA and its tactics builds up.

      --

      --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    5. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      The US was founded by what the British would have called "criminals"..

    6. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      Actually it was founded by religious fuckwits who annoyed their locales so badly that they sailed across an enormous ocean, to have the opportunity to live someplace where they could impose their insane beliefs at will.

    7. Re:How warm and fuzzy.. by fucksl4shd0t · · Score: 1

      "Fifty million Americans can't be wrong."

      Unless those same 50 million people are using P2P software.

      Actually, you've just pointed out one of my many pet peeves. When people use the number of other people that think something or believe something to justify their stance. I find that to be quite irritating. Now, if they had said "50 million Americans are telling us they want this list, and we represent those people, so they will have their list!" I'd be all warm and fuzzy. But they didn't. They decided we were all right, and that's why we should have this list.

      On the other hand, millions and millions of people in a group can easily be wrong. It doesn't matter how many people there are that agree with you, or me, or anyone, they can still be just as fucking wrong as anyone else. Think about it. The world was flat (yes, I know, most of Columbus's contemporaries didn't think that, but that philosophy was very poopular at one time). Um, can't break the sound barrier. I seem to remember one about it being impossible to travel faster than 29 MPH. Shit, a lot of animals run faster than that.

      50 Million AMericans can be wrong, and frequently are.

      --
      Like what I said? You might like my music
    8. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      You're thinking of Georgia and Australia.

    9. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      The Romans called britons "criminals" for a few centuries.

      Hope that hurts^H^H^H^H^Helps.

    10. Re:How warm and fuzzy.. by geoffspear · · Score: 2, Insightful

      With telemarketing, they call you up and harrass you for no reason. The RIAA sues you because you're committing a crime. There's a big difference.

      --
      Don't blame me; I'm never given mod points.
    11. Re:How warm and fuzzy.. by Tumbleweed · · Score: 1

      > I seem to remember one about it being impossible to travel faster than 29 MPH. Shit, a lot of animals run faster than that.

      See, that's a common mistake. Back in the days when people believed that, animals _didn't_ run faster than that. Everything was slower. Animals, through the process known as "evolution," have gotten faster.

      Also, the world was in black & white. :)

    12. Re:How warm and fuzzy.. by hardcnxn · · Score: 0

      Kind of like the old brain teaser, "You can't overload the reactor."
      Sure you can't.

    13. Re:How warm and fuzzy.. by scotch · · Score: 1
      "Fifty million Americans can't be wrong."

      Unless those same 50 million people are using P2P software.

      Or unless 250 million other American disagree with them. Or unless they're just stupid.

      --
      XML causes global warming.
    14. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      "Fifty million Americans can't be wrong."

      You haven't met them, have you?

    15. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      OT but I had to ask.

      Where did you get that statistic? And what is the average IQ anyway?

      I really want to know. Thanks.

    16. Re:How warm and fuzzy.. by Captain+Morgan · · Score: 1

      50% of the population do have an IQ below average too

      This is probably a false statement. If 50% of the population had an IQ below average this would mean that the 'mean' and the 'median' of the population IQ were the same. Maybe you are saying that 'the mean' is 'the mean', a stunning conclusion.

    17. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      You're comparing facts to beliefs. There are no wrong opinions, but there are wrong facts. Laws are based on opinion. When 50 million constituents share an opinion their representatives are obligated to respond..

    18. Re:How warm and fuzzy.. by sckeener · · Score: 1

      "Fifty million Americans can't be wrong."

      Unless those same 50 million people are using P2P software.


      I guess we know who has the deeper pockets (RIAA vs. telemarketers)

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    19. Re:How warm and fuzzy.. by The+Old+Burke · · Score: 1
      AFAIK, the average IQ is defined as 100.
      if one do a IQ-test on a large population they set the average IQ-number index as 100.

      Since this is the average in a large population 50% will be below average and 50% will have a IQ above the average.
      (not a good explanation, but you get the picture)

      --
      Proud patriot and republican voter.
    20. Re:How warm and fuzzy.. by mfrank · · Score: 1

      Or smoking the rope.

    21. Re:How warm and fuzzy.. by tgd · · Score: 1

      At least the RIAA doesn't sent me a subpoena when I'm trying to eat dinner or get busy with my girlfriend.

    22. Re:How warm and fuzzy.. by BryanL · · Score: 1

      Ah yes. But politicians see 50 million file sharers as 50 million kids that can't vote.

    23. Re:How warm and fuzzy.. by EvilSporkMan · · Score: 1

      My encyclopedia said there's some tolerance; it's 90-110 for average IQ. Evidently the test determines a "mental age", and the formula is Mental Age/Real Age x 100.

      --
      -insert a witty something-
    24. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      Actually the US was founded by anti-government guerillas, who today might be branded as "terrorists". Although, AFAIK, they didn't blow up buses full of schoolchildren or anything. Modern day "terrorists" would almost certainly consider them spineless wimps. They are actually the only Libertarian guerillas I've ever heard of. Usually they are Marxists, like the FARC.

    25. Re:How warm and fuzzy.. by Anonymous Coward · · Score: 0

      Well that just confirms that he is in that 50% below the mean. If you want to confuse somebody then try to explain average, mean, median, and mode to them. That definitely sorts out the belows from the aboves.

  7. Cynics and pessimists take note. by Thinkit3 · · Score: 2, Funny

    Shouldn't you have predicted that the telemarketers would have just passed on some cash to the campaign funds and won? Ooops.

    --
    -Libertarian secular transhumanist
    1. Re:Cynics and pessimists take note. by Grishnakh · · Score: 1

      The telemarketers don't have enough cash to make significant contributions to any campaign funds, and all the congresspeople are probably pissed off anyway because they keep getting calls at home from telemarketers themselves.

      With someone so unpopular to the majority of the population as telemarketing is, a few little "campaign donations" simply aren't enough to sway the votes.

  8. Do the math by Atario · · Score: 2, Insightful

    Small industry to offend

    plus

    Lots of voters to please

    equals

    Lopsided vote

    plus

    Passage in record time

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:Do the math by realdpk · · Score: 1

      I dunno about that. Congress seems to have recently turned its back on the tobacco industry, too. I wonder if the campaign subsidies are drying up, or if the members of Congress are on to some hip new industry to get funding from?

    2. Re:Do the math by BigBir3d · · Score: 1

      I am unsure how an industry with millions of employees (somewhere around 4 million IIRC) is considered "small" by you.

    3. Re:Do the math by NiceGeek · · Score: 1

      Yes, but how long do those employees stay in the industry? Somehow I doubt that telemarketing (at least for the "phone drones") is a career. Hell, I imagine the turnover rate is astronomical.

    4. Re:Do the math by funbobby · · Score: 1

      yeah, it is. I had some friends who did it, and the average career was a couple of weeks. The telemarketing company would put up signs that said "student work" but didn't say what it was. Every week they would hire a big group of new people, and then they would all quit. The job was basically being yelled at for 8 hours, all the while being monitored by a supervisor who's just the one asshole who didn't mind being yelled at all day.

    5. Re:Do the math by kiwiokie · · Score: 1
      Actually, you'd usually expect the OPPOSITE result in a case like this. The "collective action problem" (which you might remember from a college class in economics or political science) suggests that when there are lots of voters with a slight preference for a change and a small industry with a powerful interest in opposing change, you should expect to see...no change.

      The reason is that each voter essentially thinks "why should I spend time or money lobbying my legislator for policy change when everyone else will just free ride off my effort", and so nobody does anything about it.

      This kind of analysis has been applied to just about every policy area. One example that would seem to counter the analysis in your post comes from trade protection (viz the Bush administration's adding to the tariffs on steel despite free trade rhetoric and note that the conditions described in your post are present as well).

      Obviously the case of the do-not-call list was different (yes!), presumably because so many people felt so intensely that change was overdue.

    6. Re:Do the math by Grishnakh · · Score: 1

      This is total BS. There's no way enough of the 260 million person population is buying crap from telemarketers to support 4 million people.

    7. Re:Do the math by Anonymous Coward · · Score: 0

      Small industry to offend

      FIFTY BILLION A YEAR is not a small industry.

    8. Re:Do the math by BigBir3d · · Score: 1

      In general, they prey on the elderly. That is a market of what, 50 million people?

      And 4 million includes not just the people that call you, but the others in the business (mgmt, tech people, etc etc).

      There are 15,000 in Finland...

    9. Re:Do the math by red+floyd · · Score: 1

      I wonder if the campaign subsidies are drying up, or if the members of Congress are on to some hip new industry to get funding from?

      Yeah. The RIAA. Why do you think that Hatch, Fritz and Co. want to let them hack your machine?

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    10. Re:Do the math by realdpk · · Score: 1

      I thought it was because my hard drive has lots of fine pseudo-lesbian pornography ..er.. art films.

  9. What about that judge by kamukwam · · Score: 1

    What about that judge that i read about on Slashdot. Is he overruled now? It was only a few days ago. Couldn't he have waited for this vote?

    1. Re:What about that judge by princewally · · Score: 1

      The vote wouldn't have happened without his ruling.

      --

      -
      "Vengeance is fine," sayeth the Lord.
    2. Re:What about that judge by Brahmastra · · Score: 1

      Didn't realise that politicians could overrule a court ruling. What if it was truly about a constitutional issue? What if the politicians voted to reinstate slavery for example. Can they overrule a judge?

    3. Re:What about that judge by Anonymous Coward · · Score: 0

      On Constitutional issues, Congress can be (and often is) overruled by the Supreme Court. If Congress wanted to legalize slavery, they'd need to have a Constitutional ammendment passed.

    4. Re:What about that judge by RedX · · Score: 1

      The judge overruled the FTC because Congress hadn't given the FTC the right to create this do not call list. Congress didn't overrule that judge's decision, they instead took his advice and gave the FTC the right to create this list.

    5. Re:What about that judge by jgardn · · Score: 4, Informative

      The judge didn't overturn a law written in congress and signed by the president. The ujudge overturned regulation implemented by the FTC because he felt that the FTC had no authority to do what it did, but the FCC could've done it. The FTC claimed that a small section of last year's budget provided them with the authority to do what they did.

      So with congress passing this bill, and the president signing it, the case becomes pointless.

      --
      The radical sect of Islam would either see you dead or "reverted" to Islam.
    6. Re:What about that judge by petard · · Score: 1

      No. In this case, though, the court had ruled that the legislature had not given the FTC the necessary power to operate and enforce the do not call list. The legislature, then, is now voting to give the FTC that power. The legislature is not overruling the court in any way, but rather doing what it said.

      Reinstating slavery, OTOH, *would* require a constitutional amendment, not just an act of congress.

      --
      .sig: file not found
    7. Re:What about that judge by eln · · Score: 1

      The judge's ruling was not on a constitutional issue, he simply stated that the list was illegal because the FTC had not been granted the authority to create such a list by Congress. So, Congress essentially passed a bill explicitly granting the FTC that authority.

      Had it been a ruling on a constitutional issue, and the Supreme Court upheld it, the only way to overturn it would be to pass a constitutional amendment, which requires a 2/3 majority in both houses of Congress and approval by 3/4 of the states.

    8. Re:What about that judge by larry+bagina · · Score: 1
      congress can pass any law they want, whether it is constitutional or not. Congress is all talk, no walk. Actual enforcement of the law belongs to the executive branch (ie, the President, attorney general, etc). Every year laws are struck down by the courts as being unconstitutional... stuff like portions of the McCain Fiengold campaign finance law, the no kiddie porno laws, etc.

      So, yes congress cand (and does) pass unconstitutional laws all the time. If they wanted to reinstate slavery, they could. But it's not enforceable (in theory) if it's not constitutional.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    9. Re:What about that judge by E_elven · · Score: 1

      There's the Supreme Court.

      --
      Marxist evolution is just N generations away!
    10. Re:What about that judge by I+am+Kobayashi · · Score: 1

      Technically speaking his ruling still stands. But assuming this bill is signed into law, then his ruling has been superceded by statute. Likely, the F.T.C. will (if permitted) file a motion for reconsideration by the Oklahoma District judge, or appeal to the 10th Circuit. Either way, once the bill becomes law it is only a matter of time before the court ruling is reversed or withdrawn.

      --
      --Kobayashi--
    11. Re:What about that judge by NDPTAL85 · · Score: 1

      A judge interprets the laws and the constitution. Thats their duty as the Judicial Branch. Congress can alter but not over-ride the constitution. No one can over-ride the constitution. But as I said before it can be altered. If Congress passed a law re-instating slavery the Supreme Court would invalidate that law until such time as the Constitutional Amendment out-lawing slavery was revoked or repealed.

      Seeing how amending the Constitution requires the approval of 3/4th of the states and both houses of Congress well it ain't gonna happen anytime soon.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    12. Re:What about that judge by b-baggins · · Score: 1

      The day that the elected representatives of the people can't overrule or remove a judge is the day you have become the subject of a kingdom with a judicial nobility instead of the citizen of a self-governing nation, so you better hope and pray that congress can still overrule and remove judges.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    13. Re:What about that judge by b-baggins · · Score: 1

      You do realize that the power to interpret constitutionality is not granted to courts in the Constitution? The US supreme court took that power unto itself in a ruling from the bench in the 1830s I believe.

      That was a dangerous precedent to my mind, because it gave an awful lot of power to the judicial branch, and they've abused it regularly ever since.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    14. Re:What about that judge by Krach42 · · Score: 1

      It wouldn't be a "kingdon with a judicial nobility" There exists a word to describe a goverment ruled by judges, but I don't remember the name. (And it's difficult to search for a word when you only know the meaning)

      And a judicial government COULD have citizens of a self-governing nation. Don't mistake "self-governing" with democratic. A self-governing nation is any nation which is free to govern itself on its own terms.

      Isreal is a self-governing nation, while Palestine so far is not.

      --

      I am unamerican, and proud of it!
    15. Re:What about that judge by leerpm · · Score: 1

      No, but he did ignore Congress' intentions. They had already previously given their permission for it by giving the FTC funding to operate the list. See the following press releases:

      Congress Pass Measure to Curb Unwanted Calls
      Consumers Gain Power Over Unwanted Telemarketers

    16. Re:What about that judge by b-baggins · · Score: 1

      *Don't mistake "self-governing" with democratic. A self-governing nation is any nation which is free to govern itself on its own terms.*

      Fallacy of overprecision, thus your point is meaningless.

      The word you're looking for is dictatorship.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    17. Re:What about that judge by Gudeldar · · Score: 0

      So the judge completely ignored the fact that the FCC signed on to support the DNC list to make the companies its responsible for regulating adhere to the list?

    18. Re:What about that judge by Mr.+Slippery · · Score: 1
      What if it was truly about a constitutional issue?

      This wasn't; the issue in this particular ruling is whether the FTC or the FCC is the body with the proper authority. Since Congress delegates its lawmaking authority to both bodies, all it had to do was adjust the FTC's congressional mandate.

      (There is a big, but almost never examined, Constitutional issue there, in that Congress is supposed to make laws, not delegate to administrative bodies; if the House and Senate had to actually take responsibility for all those Federal regs, they'd be a lot simpler. But that wasn't contested here.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    19. Re:What about that judge by NDPTAL85 · · Score: 1

      I don't see how you can think of it as "abuse". Judicial Review is the one thing that truly makes the Judicial Branch an equal and separate power from the Executive and Legislative branches.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    20. Re:What about that judge by Krach42 · · Score: 1
      No, the word I'm looking for is NOT dictatorship. Dictatorship has the root: dictate, while the word I'm looking for is related to "judge".

      This form of government is ruled by multiple judges, and not by a single authority.


      dictatorship ( P ) Pronunciation Key (dk-ttr-shp, dkt-)
      n.

      1. The office or tenure of a dictator.
      2. A state or government under dictatorial rule.
      3. Absolute or despotic control or power.


      This is _NOT_ the word I'm looking for.

      As for "fallacy of overprecision", what the hell are you talking about? I'm commenting that some people (particularly americans) equate "self-governing" to a system of government where the people choose their future.

      My comment was to point out that this is not the case.


      self-governing (slfgvr-nng)
      adj.

      1. Exercising control or rule over oneself or itself.
      2. Having the right or power of self-government; autonomous.


      By this definition a dictatorship, and democracy _CAN_ qualify as self-governing. But only if they have autonomous powers. If a country must "get their actions approved" or their decisions can be overruled, then that government is NOT self-governing.

      I'd like you to explain your point of "fallacy of overprecision" or else, I will leave your comment as a "fallacy of oversimplification" and ignore your comment.

      *All definitions from www.dictionary.com
      --

      I am unamerican, and proud of it!
  10. Good. by princewally · · Score: 1

    The funny part is that the DMA started whining about harrassment when it started receiving all those phone calls yesterday. A lot of the calls were reported to its telco.

    --

    -
    "Vengeance is fine," sayeth the Lord.
  11. "Fifty million Americans can't be wrong" by jamie · · Score: 4, Insightful
    And sixty million Americans are using peer-to-peer file sharing.

    I posted my incisive and witty commentary on this matter of vital national importance earlier this afternoon.

    1. Re:"Fifty million Americans can't be wrong" by LMCBoy · · Score: 2, Funny

      what the heck is the .vg domain? Vogon? V'ger? Viagra? Very Good?

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    2. Re:"Fifty million Americans can't be wrong" by ptbarnett · · Score: 1
      And sixty million Americans are using peer-to-peer file sharing.

      However, those 60 million aren't likely voters that can swing the results of the next election.

    3. Re:"Fifty million Americans can't be wrong" by larry+bagina · · Score: 0, Offtopic
      "vagina"

      If you need help decoding "ck", let us know.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    4. Re:"Fifty million Americans can't be wrong" by sweetooth · · Score: 1

      British Virgin Islands I believe.

    5. Re:"Fifty million Americans can't be wrong" by NightSpots · · Score: 1

      Small edit. Please make that read:

      However, those 60 million aren't likely voters.

      The vast majority of the 60 million p2p users are teenage and college kids, and they're, statistically, among the least likely to vote.

    6. Re:"Fifty million Americans can't be wrong" by ENOENT · · Score: 1

      And, even if they become likely to vote, it's legal to draft them and send them somewhere unpleasant until they're old enough to vote Republican.

      --
      That's "Mr. Soulless Automaton" to you, Bub.
    7. Re:"Fifty million Americans can't be wrong" by anubi · · Score: 1
      No...a lot of those are kids.

      But, as we see, a lot of parents are getting sleepless nights worrying about what kind of trouble their kids may inadvertantly bring upon them.

      And those parents may well be apt to quickly vote for anyone who can adjust the law so that their kids won't be held in criminal courts for a song.

      Signing of a piece of paper created this legislation. Removal of certain politicians and a nullification of their actions is what it will take to uncreate it. But, to do this, enough people must see it for what it is. It is my hope that RIAA, in their quest to spread terror amongst the population, brings the DMCA itself into review, as well as the career of any politician who backs it. But to do this, large numbers of people must be concerned. If RIAA pulls this fear campaign off right, maybe we can get critical mass and get rid of this law and its associated politicians.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    8. Re:"Fifty million Americans can't be wrong" by red+floyd · · Score: 1
      BZZZT! And thank you for playing! Here's your lovely parting gift.

      There is currently no draft.

      Even if there was a draft, only males were required to register for said draft.
      So in the worst case, they could at most send about half of them away (assuming filesharers split 50/50 gender-wise).

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    9. Re:"Fifty million Americans can't be wrong" by ENOENT · · Score: 1

      There is a difference between something happening and it being legal. So, BZZZT yourself.

      --
      That's "Mr. Soulless Automaton" to you, Bub.
  12. 50 million Americans CAN be wrong by Brahmastra · · Score: 1, Interesting

    While 50 million Americans may be right in this case, they can DEFINITELY be wrong. For example. more than 50 million Americans believe that the earth is 6000 years old (or whatever bullshit theory that is). One cannot automatically assume that a large number of people are right. That's plain bullshit mobocracy.

    1. Re:50 million Americans CAN be wrong by grub · · Score: 1


      more than 50 million Americans believe that the earth is 6000 years old (or whatever bullshit theory that is)

      Young Earth Theory, IIRC. Are you serious? I have a hard time believing that 1 in 6 Americans is brainwashed that badly.

      Remember:
      Cult: A small, unpopular religion
      Religion: A large, popular cult.

      --
      Trolling is a art,
    2. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      Got any support for you claim of more than 50 million Americans being young Earth creationists?

    3. Re:50 million Americans CAN be wrong by InsaneGeek · · Score: 1

      OK, now show me the proof that there are even a million Americans who believe that the earth is 6000 years old.

    4. Re:50 million Americans CAN be wrong by Brahmastra · · Score: 1

      The poll in the following article indicate that 40% of people believe in literal creation as described in the bible: http://www.cnn.com/2000/US/03/08/creationism.vs.ev olution/

    5. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      That is just plain scary.

    6. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      It doesn't say who they surveyed exactly. People in the United States, or people in Kansas (which this story is about). The results could be quite different.

    7. Re:50 million Americans CAN be wrong by Brahmastra · · Score: 3, Informative

      Here's the correct link : Creationism vs Evolution

    8. Re:50 million Americans CAN be wrong by InsaneGeek · · Score: 2, Insightful

      Your article only says that 40% believed that only creationism should be taught in public school. It does not say anything about how old they thought the earth is.

      i.e. my grandfather has been a deacon in his church for a few decades, he'd probably say that creationism should be taught in schools. That does not allow you to make the *HUGE* jump that he believes the earth is only 6k years old. Let alone your overly massive generlization of a huge population.

    9. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      First you have to prove to me that world is not a digital construct generated by our /robotic|alien|divine|demonic|insect/ overlords.

    10. Re:50 million Americans CAN be wrong by InsaneGeek · · Score: 1

      Shhh... don't let the secret out

    11. Re:50 million Americans CAN be wrong by Brahmastra · · Score: 1

      This article indicates that 45% of Americans believe in young earth creationism

    12. Re:50 million Americans CAN be wrong by li99sh79 · · Score: 1
      The poll in the following article indicate that 40% of people believe in literal creation as described in the bible: http://www.cnn.com/2000/US/03/08/creationism.vs.ev olution/

      And lord knows a poll is always accurate. "We polled 500 people, here's what all Americans think." There's lies, damn lies, and polling. *sigh*

      -sam

      --
      I was just here, where did I go?
    13. Re:50 million Americans CAN be wrong by phorm · · Score: 1

      Definately true when dealing with a complex scenario. However, in a simpler situation:

      a) Do you believe that you should be allowed to opt-out of telemarketing?
      b) Take (a) and s/telemarketing/spam/ or whatever

      Now if you took a more complex issue like:
      Do you believe that war should be commenced against a country on which 90% of the media information is likely handfed to you by the government whom have a secret agenda...

      On laws of "affecting self", it's easy enough to say "I personally, do not want to be called" (and 50 million people apparently agree on that point).
      On a more complex issue, there are other considerations that reach beyond the "self" (and yes, you could argue that telemarketing=jobs, but that's beyond scope).

      Really, if it's an issue of one person benefitting from the detriment to another... an arguement from the person who stands to lose is much more powerful than those that stand to win (look at black slavery in previous years, for example).

    14. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      This article on scientific american says 45% of Americans believe in young earth creationism.

    15. Re:50 million Americans CAN be wrong by KUHurdler · · Score: 1

      Yes, in a similar statistic, the average household has at least one bible (a book authored almost 2000 years ago) How about yours? thats a pretty long-withstanding "cult".

      --
      Fix Your Own TV - RiddledTV.com Avoid the Landfill
    16. Re:50 million Americans CAN be wrong by fucksl4shd0t · · Score: 1

      Young Earth Theory, IIRC. Are you serious? I have a hard time believing that 1 in 6 Americans is brainwashed that badly.

      In other news, millions of Americans are having a hard time believing that millions of other Americans are really dumb. Analysts say this may be one of the first times in history that the entire American population was wrong at the same time.

      --
      Like what I said? You might like my music
    17. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      No bileball in my house nor that of my parents.

    18. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      That article changes the survey results. The actual survery asked about the creation of human life in its present within the past 10,000 years. What's more interesting about the survey to me is that some people seem to answer pro-Creation because they think they're supposed. 40% of Catholics said they believed in it, when in fact, the Catholic Church supports evolution.

    19. Re:50 million Americans CAN be wrong by HungWeiLo · · Score: 1

      Well, if you can make 200 million Americans (70% of Americans, according to NYTimes) believe that Saddam orchestrated 9/11...

      --
      There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
    20. Re:50 million Americans CAN be wrong by aborchers · · Score: 1

      Actually:

      1. It says they think it should be taught instead of evolution, not that they believe it.

      2. "literal creation as described in the bible" does not necessarily entail "Young-Earth Creationism", which is predicated on a dating of the creation based on reversing history from the present through the recent archeological record till it suits them to pick up the bible and follow it backwards.

      I'm splitting hairs here, and obviously being flip with #1, but if you're going to be provocative, you should at at least be factually accurate.

      Y.E.C.s are a small faction of Judaeo-Christian faithful who feel compelled to date the creation and assert it as an educational issue. Most believers simply don't give the issue much thought until they're polled by CNN-Gallup and then they just regurgitate what they were taught in Sunday School. Bear in mind that many of the people they poll will, as a function of age, not have significant exposure to evolutionary theory (except possibly its ridicule from the pulpit) because they were not taught it in school. It is a fairly modern thing that the role of evolution in biology is taught. I won't even go into the self-selecting nature of these polls.

      --

      Now, for those of you who want to flame me as a "pinhead" or "moron" because I have not toed the rabid atheist party line in dismissing every religous person on the planet as a brain-dead idiot, please read the following disclaimer:

      I believe the Universe as we know it came into existence everywhere at once some 15-20 billion years ago and began an inflationary expansion that continues till today, and that biological organisms evolved through a long history of natural selection.

      I also believe that there is room for all of us in polite discussion, and that dogmatic nonsense is dogmatic nonsense no matter which side it comes from. Exploring and debating unprovables is fun. Getting into a tizzy over them just makes you look like a jackass...

      --
      Trouble making decisions? Just flip for it.
    21. Re:50 million Americans CAN be wrong by the_mad_poster · · Score: 1

      I'll get you started. I knew a guy named "Doug" in high school (who we'll call "Joe" to protect his identity) who tried, in a "persuasive speech" assignment, to prove that the earth is 6000 years old.

      "Joe's" "proof" was that because language has gotten simpler since Shakespeare's time (which is totally the opposite of what's happened in reality, presuming he's talking about English since he never specified), the Earth is only 6000 years old.

      As you can tell, Doug - er "Joe" - was, pretty much, an idiot.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    22. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      Which I for one welcome by the way.

    23. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      That's OK, I still don't believe that YOU exist.

    24. Re:50 million Americans CAN be wrong by KUHurdler · · Score: 1

      Well, I have at least 6 in my house, so I more than make up for you and your momma. Notice the word AVERAGE, just like you never saw a household with 2.5 kids.

      --
      Fix Your Own TV - RiddledTV.com Avoid the Landfill
    25. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      I guess I'll start: One

    26. Re:50 million Americans CAN be wrong by b-baggins · · Score: 1

      True. His argument was weak. The goal is not to prove the Earth a certain age, but to demonstrate that it is completely unreasonable to definitively declare the earth to be 4-6 billion years old.

      You then proceed to show the problems inherent in radiometric dating, the geologic column, and then go on to show that the reason the number 4 billion is so strongly touted is because that's the minimum time for evolutionary processes to produce today's biosphere. (although, if you take the cost of negative mutations into account, you actually need about 40 billion years).

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    27. Re:50 million Americans CAN be wrong by drakaan · · Score: 1
      So you're saying that realistically, they believe that although they should only teach creationism in school (where the earth is 6,000 years old), they *really* believe that the earth is 4 and a half billion years old?

      The word "only" makes that jump pretty small, although all generalizations are bad...oh, wait.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    28. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      Doug er Joe, must be pretty stupid to believe in God, rather than something that is statistically impossible.

    29. Re:50 million Americans CAN be wrong by InsaneGeek · · Score: 1

      I don't remember actually ever seeing a number in a creationists bible, there is a small sect of people that believe you can do a direct lineage trace but that is deffinetly not really main stream. Ask most of them and you'll get a "I don't know how old it is" statement. Again creationism doesn't give any timeline, just basically says that $DEITY created world; some small sects have tried to do a geneology timeline but that his hardly main-stream creationist belief.

      And to answer your question, yes; and I fail to see where the two are mutually exclussive.

    30. Re:50 million Americans CAN be wrong by drakaan · · Score: 1

      Okay...I can see how that logic could lead you to a view that the two aren't mutually exclusive, assuming adam and eve were created 4.5 billion years (- 7days) ago.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    31. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      You've never been to Jimmy's house.

    32. Re:50 million Americans CAN be wrong by Anonymous Coward · · Score: 0

      A Christian God is about as impossible as it gets. A real square circle. It truly is scary that so many unthinking drones believe in this big super-daddy watching over us fairy tale stuff. Personally I believe that the Creator is a giant 10 legged space octopus, 13.5 trillion parsecs in diameter, with very bad halitosis. After all that would explain everything. No more need for science.

  13. Democracy by WindBourne · · Score: 4, Insightful

    While I am on the list and would very much like to see it go through, it irratates me when I hear statements like "Fifty million Americans can't be wrong.".
    Popular votes are routinely wrong and a number of them have had horrible consequences.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Democracy by nate1138 · · Score: 4, Insightful

      While I agree that is a stupid thing to have said, I believe what was meant was more along the lines of "Fifty million Americans have told us what they want, so we're gonna listen, and do it quick"

      Now if only they cared so much about the opinion of the 50+ million that believe filesharing is OK.

      --
      Where's my lobbyist? Right here.
    2. Re:Democracy by gantzm · · Score: 4, Insightful

      That's why it's a Constitutional Republic and not a Democracy. Don't they teach anything in schools anymore?

      --


      Excessive forking causes un-wanted children.
    3. Re:Democracy by CrazyTalk · · Score: 1

      Its a joke, taken from the old saying "50 million Elvis fans can't be wrong" which I believe was the title of an old album. I'm sure that the remark has nothing to do with promoting the US or its citizens.

    4. Re:Democracy by Anonymous Coward · · Score: 0

      Or the greater than 50% that believed slavery was okay. Oh wait....

    5. Re:Democracy by Anonymous Coward · · Score: 0

      yeah i agree, i mean take Elvis for example

    6. Re:Democracy by Anonymous Coward · · Score: 0

      "I will decrease Taxes, Build up the military, and balance the Budget"
      Uttered twice in this century,
      voted in by majorities (1933, and 1980),
      with horrible consequences both times.
      Democracies, Republics can really suck.

    7. Re:Democracy by Anonymous Coward · · Score: 0
      Popular votes are routinely wrong and a number of them have had horrible consequences.

      Like electing George W. Bush.

      Crap, wait a sec ...

    8. Re:Democracy by MCZapf · · Score: 1
      Sometimes it all comes down to good, old-fashioned democracy. If enough people want it, and there are no inherent unfairnesses, then let's make it happen.

      In this case, I don't think there are any inherent unfairnesses. It's an opt-in list, restricts only speech that is harrassing in nature, and I am not swayed by the fact that so many telemarkers will, supposedly, lose their jobs.

    9. Re:Democracy by Skates1616 · · Score: 0

      More like a Representative Republic...

    10. Re:Democracy by Blue+Lozenge · · Score: 1
      That's why it's a Constitutional Republic and not a Democracy. Don't they teach anything in schools anymore?

      Yes they do.

      According to Merriam-Webster:
      democracy: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections.

      I'm sick of people whining "We live in a republic, not a democracy." Our government is a mixture of both dammit. If we lived in a pure democracy, then we wouldn't have a federal congress or state & local assemblies representing us; we would all cast individual votes on all issues. If we lived in a pure republic, we would never vote directly for any measures or propositions; our elected representatives would do all the voting for us.

    11. Re:Democracy by inteller · · Score: 1

      Same thing can happen when 5 people decide for 50 million. See year 2000 for more info.

    12. Re:Democracy by DaytonCIM · · Score: 1

      300 million US citizens. About 100,000 know that since 1789, the US has been a Republic, not a Democracy. I thought after the President Election debacle of 2000, more people would know this, but I was wrong.

    13. Re:Democracy by ar1550 · · Score: 1
      Don't they teach anything in schools anymore?

      Sure, they teach things in school, unfortunately none of it is related to the ability to think for one's self.

      --
      I once shot a man in Reno 'cause they cancelled Firefly.
    14. Re:Democracy by ThyTurkeyIsDone · · Score: 2, Insightful

      A democracy is the opposite of an authoritarian state, whereas a monarchy is the opposite of a republic. These are orthogonal concepts. A monarchy is characterized by the fact that the supreme position of power is hereditary. In a republic, the prime minister or president or whatever is elected in some way, but not necessarily by the people.

      Examples: the UK is a monarchy and a democracy. The US is a republic and a democracy. China is an authoritarian republic, and... um, I can't think of a well-known authoritarian monarchy right now. But you get my drift.

    15. Re:Democracy by Istealmymusic · · Score: 1

      Mod parent up. Parent parent is a fucking moron.

      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    16. Re:Democracy by happyhamster · · Score: 1

      Then why the fuck does america bullshit the whole world about democracy? while having PLUTOCRACY itself

    17. Re:Democracy by gantzm · · Score: 1

      Well it's "Constitutional" because in theory the law makers are not supposed to pass laws that violate the constitution.

      Of course that's only a theory!

      --


      Excessive forking causes un-wanted children.
    18. Re:Democracy by gantzm · · Score: 1

      Where to begin:

      Mod parent up. Parent parent is a fucking moron.
      Didn't work.

      According to Merriam-Webster [m-w.com]:
      democracy: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections.


      Hmmm, you forgot:
      Republic: (1) : a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law.

      See, it's a republic because if citizens could vote at the federal level they would vote to overtax the rich and give themselves the money. Thereby bankrupting the country within months.

      The key to a Constitutional Republic is that lawmakers are bound by the constitution. We have several checks and balances to make sure that happens. You, the voter, do not get to vote on federal issues.

      There exists a division between federal rights and states rights and your are entrusted to vote on state issues. The catch is that the state (little s) can not trump the State (big s). In theory anything the states do that violates the constitution will eventually be bitch slapped by the SCOTUS.

      So yeah, the State gives you the illusion you have some power by letting you vote on some local issues. But in reality this is like deciding if you want your car in Black or if you want your car in Black, your choice!

      Continue living your life with no clue about the civics lessons you so clearly didn't attend.

      --


      Excessive forking causes un-wanted children.
    19. Re:Democracy by Istealmymusic · · Score: 1
      There exists a division between federal rights and states rights and your are entrusted to vote on state issues. The catch is that the state (little s) can not trump the State (big s). In theory anything the states do that violates the constitution will eventually be bitch slapped by the SCOTUS.

      So yeah, the State gives you the illusion you have some power by letting you vote on some local issues. But in reality this is like deciding if you want your car in Black or if you want your car in Black, your choice!

      Ordinary citizens cannot vote directly on federal issues. However, they can vote indirectly by directly electing senators, per the 17th Amendment, ratified 1913:
      Clause 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

      Two senators per state doesn't seem very democratic, I give you that, but the House is much more democratic. Constituents get their own Congressman representing their Congressional district. Congressmen are of course elected by popular vote.

      California for example has 52 Congressional districts currently, and a population of 34,501,130 as of 2001 (estimate). That's about 663,483 people per Congressman. Quite democratic. The Congressman, if he or she wants to be reelected, will use franking priviledges, credit claiming, and position taking to please the constituents. If they do not, the incumbent can be defeated in the next Congress or 1/3 replacement phase.

      The House and Senate together represent the citizens to the federal government through their respective states. Its called indirect representative democracy.

      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    20. Re:Democracy by Anonymous Coward · · Score: 0

      The senate allotments aren't democratic because that is not their purpose. They aren't supposed to represent the people, which is why the 17th amendment was a terrible mistake (though, a 'good idea at the time' to combat corruption... damn we are so shortsighted). In any case, the senate is supposed to represent the states themselves, as individual entities, to the federal government. And all of the states have equality in that government, by virtue of their statehood rather than their population. The 17th amendment removed an important balance in the system, in that it took away a powerful tool for maintaining states' rights and turned it into a tool of direct democracy, which is not a good thing at all.

  14. Choice Quotes by cartzworth · · Score: 1, Funny

    "Fifty million Americans can't be wrong."

    Thats why 60million fileshare and thats not ok.

  15. Re:Riddle: by Anonymous Coward · · Score: 0

    HAHAHAHAHAHAHAH!! That's hilarious :))

  16. Does a little happy dance by Anonymous Coward · · Score: 1, Funny

    Hey telemarketers!

    Whats that?

    You what?

    You don't like it?

    Well have your people call my people.

    OH WAIT THEY CAN'T!!

    BWAHAHAHAHAHAHAHAHAHAH!!!!!!!!!!!!

    1. Re:Does a little happy dance by Anonymous Coward · · Score: 0

      actually, you just told them they could... so they can.

    2. Re:Does a little happy dance by Anonymous Coward · · Score: 0
      Well have your people call my people.

      OH WAIT THEY CAN'T!!

      Watch out - telemarketers are like vampires. If you invite them in, they're allowed.

  17. Boo fricken hoo by Anonymous Coward · · Score: 2, Insightful

    Several analysts have ponted out that this coud mean milions of lost jobs in an important industry.

    Yeah, and laws against murder have thrown millions of hitmen out of work.

    While many of us don't like people selling us things we don't like but thats capiatalism you know.

    If I want to buy something, I will contact them, or I will leave myself off the list. People on the list have made their decision. They don't want to buy telemarketed crap.

  18. Ya know... by silicon+not+in+the+v · · Score: 0

    This almost makes me wish I still had a land line. :P

    --
    We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  19. Nice logic by siskbc · · Score: 2, Insightful
    "Fifty million Americans can't be wrong."

    No, of course not. Not like 50 million Americans still believe in frikkin' astrology or anything.

    Hell, 25 million Americans still probably believe in Santa Claus. Sure, they're children, but that's really no excuse. ;)

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Nice logic by Anonymous Coward · · Score: 0

      80% of americans believe in god. u be the judge.

    2. Re:Nice logic by KUHurdler · · Score: 1

      What? 20% of americans dont believe in God? that IS shocking.

      --
      Fix Your Own TV - RiddledTV.com Avoid the Landfill
    3. Re:Nice logic by Misch · · Score: 1

      Hell, 25 million Americans still probably believe in Santa Claus. Sure, they're children, but that's really no excuse. ;)

      Yeah, it is. They can't vote.

      Otherwise, we would have "Congress shall make no law abridging the adoption of Santa Claus as a real person" as the 28th amendment.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    4. Re:Nice logic by Captain_Chaos · · Score: 1

      > "Fifty million Americans can't be wrong."

      No, of course not. Not like 50 million Americans still believe in frikkin' astrology or anything.

      Or in God...

  20. Remember, cynics, you are not original. by Thinkit3 · · Score: 1

    Cynicism and pessimism is not original or insightful at all. It is empty and braindead...a drag on progress. If that's all you feel, may I recommend the Church of Euthanasia.

    --
    -Libertarian secular transhumanist
    1. Re:Remember, cynics, you are not original. by Anonymous Coward · · Score: 0

      So its better then to not question anything?

    2. Re:Remember, cynics, you are not original. by Anonymous Coward · · Score: 0

      Cynicism and pessimism are not the same thing. A cynic is one who believes that human conduct is motivated wholly by self-interest wheras a pessimist emphasizes only the negative of a situation.

      There is a very good case to be made that cynics are correct. If you ask the "3 whys" to any behavior you will almost always get down to a self-serving reason even if that reason is "because it makes me feel good." Some argue that someone like Mother Theresa did things for entirely unselfish reasons but she was very rare and even then we don't know the real reason why she did things. It may be that is made her feel good or whole or closer to God. A cynic is not necessarily saying something is bad but is on the look out for the catch or strings that are attached.

      A pessimist on the other is also looking for the negative. Nothing is ever good enough. The people who see this and say "where is the anti-spam bill" are pessimists because they don't see this as good but only as lacking.

      You should also look up the original Cynics "capital C."

  21. http://deadbabyjoke.com/ by Anonymous Coward · · Score: 0

    More hillarity!

    http://deadbabyjoke.com/

  22. These guys are toast in '04 by TheClam · · Score: 0, Redundant

    The eight who voted against the bill were: Ron Paul, R-Texas; Jeff Flake, R-Ariz.; Kendrick Meek, D-Fla.; Tim Ryan, D-Ohio; Ted Strickland, D-Ohio; Lee Terry, R-Neb.; Rob Bishop, R-Utah, and Chris Cannon, R-Utah.

    1. Re:These guys are toast in '04 by FunkSoulBrother · · Score: 1

      yeah good luck getting Republicans voted out of office in Utah.

  23. Show me your bets... by MyNameIsFred · · Score: 2, Insightful

    Anyone want to bet these Congressman have telemarketers in their districts?

    1. Re:Show me your bets... by sartin · · Score: 2, Informative

      Ron Paul is a former Libertarian who joined the Republican party (in my opinion) so he could get elected.
      He's probably just voting it down on libertarian principles.

    2. Re:Show me your bets... by Anonymous Coward · · Score: 0

      Absolutely. Utah has a bunch of telemarketing call centers, both incoming and outgoing. DirecTV, M$, and Comcast all have call centers run by Consonus here, and Cisco's security division and eBay both have big support centers, too.

    3. Re:Show me your bets... by eric76 · · Score: 1

      Ron Paul was also a Republican Congressman prior to running for President as a Libertarian.

    4. Re:Show me your bets... by fdiskne1 · · Score: 1

      I can tell you without a doubt that Lee Terry (R-NE) has a major amount of annoying^H^H^H^H^H^H^H^H telemarkers in his state. My current apartment is about 2 blocks away from one of them. I always have to hold my nose when I drive by. I'm moving tomorrow and will not get a home phone hooked up. Who needs a do not call list?

      --
      But why is the rum gone?
    5. Re:Show me your bets... by LineNoiz · · Score: 1

      Absolutely. Utah has a bunch of telemarketing call centers, both incoming and outgoing. DirecTV, M$, and Comcast all have call centers run by Consonus here, and Cisco's security division and eBay both have big support centers, too.

      Yes, Utah has a ton of telemarketing call centers, but all of the specific accounts you refer to take inbound calls, not outbound ones.

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
  24. *AAAAARRRGGGGGH* by indros13 · · Score: 4, Funny
    Inigo: "Do you hear that Fezzik? That is the sound of ultimate suffering. My heart made that sound when the six-fingered man killed my father. The Man in Black makes it now."

    Fezzik: "Actually, it seems to be coming from the direction of the Direct Marketing Association Washington offices..."

    --
    Under capitalism man exploits man. Under communism it's the other way around.
    1. Re:*AAAAARRRGGGGGH* by TopShelf · · Score: 1

      boo, hiss... that didn't rhyme!

      "If my ears hear right those awful hollers
      are coming from annoying callers."

      or something like that...

      --
      Stop by my site where I write about ERP systems & more
    2. Re:*AAAAARRRGGGGGH* by indros13 · · Score: 1
      I'm dreadfully sorry it didn't ryhme.
      I'll have to try it another time...

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    3. Re:*AAAAARRRGGGGGH* by Captain_Chaos · · Score: 1

      What's that from / referencing?

    4. Re:*AAAAARRRGGGGGH* by indros13 · · Score: 1
      The Princess Bride. An excellent and humorous movie. Well, at least the quote from Inigo is. Fezzik doesn't usually say stuff about the DMA.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  25. faster than the pentagon's approval by jeffy124 · · Score: 1

    well that was fast. the only thing that i can recall having been passed in faster fashion were the House & Sentate approvals required to purchase the land for and the construction of the Pentagon. Took something like less than a month for the War Dept to go from concept to groundbreaking ceremony. Then another couple months for actual work to start in the first wedge.

    --
    The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
  26. QUESTION by larry+bagina · · Score: 2, Funny
    Who were the 8 dickheads that didn't vote for it? And what are their home phone numbers?


    And more importantly, what does this have to do with my right online?

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:QUESTION by Arcturax · · Score: 1

      Well if you have dialup, it is annoying when you are just about to go online and a telemarketer happens to ring just as the modem picks up to start dialing. Granted it is funny listening to them go "Hello? Hello? as the modem spews garbage down the line at them. But the downside is that unless you have caller ID, you likely don't know if it was a telemarker or some important call that just got lost.

      --

      --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    2. Re:QUESTION by Conspiracy_Of_Doves · · Score: 1

      Well, you can either READ THE FUCKING ARTICLE, or, alternatively, you can scroll up to see the THREE posts that have already been made that quote that line from the article.

    3. Re:QUESTION by LostCluster · · Score: 1

      There's actually 20 reps who didn't vote for it. 12 reps didn't vpte on this issue.

    4. Re:QUESTION by Anonymous Coward · · Score: 0

      if you have call waiting and a cheap modem and forget to dial that code to disable call waiting during your dialup connection during dinner time then it will affect your online time. do you want to be called and asked to switch long distance carriers while using your (poor sound quality over dialup) VoIP?

    5. Re:QUESTION by linuxrunner · · Score: 1

      Actually I scroll down, not up... you know.. newest first... geezzz For someone so irate, you should really get a clue.

      Valium works for the masses....

      --
      www.slightlycrewed.com - Because aren't we all?
    6. Re:QUESTION by Conspiracy_Of_Doves · · Score: 1

      Up from here

  27. What about the telemarketer's free speech? by BlabberMouth · · Score: 1

    I mean come on, doesn't the Constitution guarantee every American the right be heard...over the phone? Also, whose free speech is being trampled if they can't put those messages on my answering machine anymore.

    1. Re:What about the telemarketer's free speech? by cartzworth · · Score: 1

      Telemarketers leave messages on your machine? Lucky (read: sucks to be) you!

    2. Re:What about the telemarketer's free speech? by Anonymous Coward · · Score: 0

      A. Commercial speech has limits. For example, you can not say your product cures cancer when it does not.
      B. "The right to swing my fist ends where the other man's nose begins." The right to speak over the phone ends where the other man's phone line begins.

    3. Re:What about the telemarketer's free speech? by pknoll · · Score: 2, Informative

      Nope. Though the following pertains to bulk mail, and as an extension also to spam, it fits here, too. Cheif Justice Berger, c. 1970: "Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit. We categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another. If this prohibition operates to impede the flow of even valid ideas, the answer is that no one has a right to press even 'good' ideas on anunwilling recipient. The asserted right of a mailer, we repeat, stops at the out er boundary of every person's domain."

    4. Re:What about the telemarketer's free speech? by E_elven · · Score: 1

      They have the right to pick up the phone and start talking. Now, dialing a number first, no.

      --
      Marxist evolution is just N generations away!
  28. The fallacy of their argument... by airrage · · Score: 5, Interesting

    I cannot stand bad thinking. And bad thinking is just what the Telemarketers are engaged in when they argue that the DNC list will cost jobs.

    They could make an arguemnt for free-speech. I say the could make it (without me laughing), but I will disagree in the end with that one too.

    But as for jobs -- it will actually make the telemarketer MORE money -- if there are less telemarketers! The current game plan is simply to call everyone on the planet from the time they are born until the time they die like every second of every day. I would suggest that TARGETED, AGREED, and WARRANTED solicition will result in a lower-cost of SALES OVERHEAD than currently spamming everyone on the plantet, with the same rate of success!

    Of course, the telephone companies sit quietly in a corner and pout as it was their corner upon which the pimp was solicting his wares.

    I would love to wake up in an opt-in world, but until that day I have to have some way to say, "No, I don't want a year's subscription to volvo-hotrod magazine.".

    Peace Out.

    --
    "This isn't a study in computer science, its a study in human behavior"
    1. Re:The fallacy of their argument... by Peyna · · Score: 1

      I wonder how negatively this may ultimately affect the economy though. Imagine if we cut out any possible avenue for advertising. How would anyone know what to buy? Advertising is a significant amount of the budget for any company and encourages competition. Therefore it is important to the United States that we allow our businesses to have the avenues that they need to present their products to us in the light that they see fit.

      Now, the question is whether or not telemarketing is a really a significant and/or effective portion of the advertising strength of a company.

      --
      What?
    2. Re:The fallacy of their argument... by Steve+B · · Score: 1
      They could make an argument for free-speech.

      They did. The judge ignored those arguments, and relied exclusively upon the argument that the FTC lacked a proper grant of jurisdiction from Congress.

      That is, the judge found the following argument to be more persuasive that the telemarketers' Constitutional claims:

      "Congress Says: EPA, go investigate whether people are dumping Yuengling Beer without following safe procedures for disposal of toxic waste. You are hereby allocated a budget of $X million for that purpose."

      "Congress Says: DOD, develop an improved Predator drone that can sky-write "I Gotcher 72 Virgins Right Here!" before launching a Hellfire. You are hereby allocated a budget of $Y million for that purpose."

      "FTC, collect the phone numbers of people who do not want unsolicited sales calls and fine telemarketers who call those people. You are hereby allocated a budget of $Z million for that purpose."

      "***BBBBZZZZTTTT!!!!*** We didn't say 'Congress Says'!"

      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:The fallacy of their argument... by xenocide2 · · Score: 1

      Even the free speech argument is somewhat invalid. Under the bill, people put their names on a list, and say that they don't want to hear commercial speech. Free speech is guarenteed, but there's never a guarentee that anyone wants to hear it.

      If targeted, agreed and warranted systems worked, I would expect that they would have tried and adopted it by now. But there's things that work against the method. First, market research is expensive. Finding out who likes what takes more than a simple survey. Second, market research can be wrong, even after doing complex analysis of purchase histories and other correlation studies. Third, targeted personal selling to interested parties is overkill. Calling someone up who wants your product could certainly work, but so would sending a catalogue, or a flyer, or a post card. Not to mention the chance that they've allready purchased some of the wares you're selling elsewhere.

      Not to mention that it will cost jobs. Even if the above factors are outweighed by the potential targeted selling gain and telemarketers make more money, there will be less calls to make. In rural areas, its sad to say that these call centers can be one of the biggest single employers in the area. You'll notice that two of the representatives from Utah voted against it. I think that telemarketing accounts for a decent number of jobs and revenue for them.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    4. Re:The fallacy of their argument... by elmegil · · Score: 1

      Why does this decision/law put us on a slippery slope to "no advertising"?? I don't recall advertising in general to be under any kind of attack. In fact it is the expansion of advertising into the realm of my goddamn dinner hour that makes this an issue at all.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    5. Re:The fallacy of their argument... by Grishnakh · · Score: 2, Insightful

      I would suggest that TARGETED, AGREED, and WARRANTED solicition will result in a lower-cost of SALES OVERHEAD than currently spamming everyone on the plantet, with the same rate of success!

      And you would be wrong. Most of the people who buy from telemarketers are people who aren't assertive enough to just hang up on them, and are easily suckered. They're the same people that fall for high-pressure sales tactics. But they don't like being called either, so the DNC list offers them a way to avoid this situation without having to be rude to anyone.

    6. Re:The fallacy of their argument... by BeBoxer · · Score: 1

      No body is arguing that advertising should be banned. That's just a straw man argument.

      The question should really be, should companies be allowed to use all available means of communication for advertisements? Or can we possibly have one or two which don't have their utility diluted by relentless advertising? Advertisers completely dominate [i]all[/i] forms of mass media communications, whether it's tv, radio, newspapers or magazines. And quite frankly, until my states DNC list went into effect, the advertisers were dominating the use of my telephone as well. I have no problem myself with a blanket ban on unsolicited advertisements in communication channels whose primary use is individual person-to-person communication such as phone,email,pager,IRC,etc. A corporation has [i]zero[/i] right to compel my attention by advertising to me thru such invasive means.

    7. Re:The fallacy of their argument... by Anonymous Coward · · Score: 0
      I have to have some way to say, "No, I don't want a year's subscription to volvo-hotrod magazine.".
      Why would anyone not want a subscription to Volvo-Hotrod Magazine? It's loaded with great info on riced out Volvos. Last month's issue had a great article on a riced out C70, with flames painted on the sides, a 5-foot high wing on the back, 2-foot diameter exhaust pipe, neon lights, lowered to just 1 inch off the ground, and to top it all off, a Type-R sticker on the back. Damn, that car looked fast!!!
    8. Re:The fallacy of their argument... by RocketScientist · · Score: 1

      I've got an idea.

      How about the "direct marketers" pay me to not put my phone number on the list? "Pay me" as in "give me cash", not some cheesy gift certificates valid for crappy merchandise, but nice, universally spendable greenbacks. I'll set a rate based on what I think my time is worth, and if some random marketer decides to meet that payment, I'll even agree to listen to what their minions are saying before I hang up on them.

      Of course, people with more disposable income, the ones who generally make up the target market for most advertising, will be the most expensive to reach....Sucks to be a telemarketer.

    9. Re:The fallacy of their argument... by happyhamster · · Score: 1

      >> I cannot stand bad thinking.

      Funny, especially since you prominently display it yourself. Not surprising, this is usually the case with morons like you. They are talking about losing JOBS, you are arguing about more MONEY. They might be making more in PROFIT from targeting ads BUT the fact that JOBS aka POSITIONS will be list is beyond doubt for a reasonable person. Which you are not.

    10. Re:The fallacy of their argument... by Peyna · · Score: 1

      I used that as an example. Some people might have hard time realizing how this would impact advertising and commerce in general; so I present the idea of no advertising at all. It's just a way to put things into perspective. I find it a useful tool for understanding something that is between two extremes.

      --
      What?
  29. only semi-helpfull.. =( by phaserx · · Score: 1

    It's great that this is finally going into effect and all, however, 90% of the telemarketing calls I receive are prerecorded politicians trying to get me to vote for them.. Something needs to be done to stop that nonsense.. I don't need to hear about how you plan to fix California's debt when i'm trying to eat KFC and watch Joe Millionaire damnit!@!

    --
    -- pX
    1. Re:only semi-helpfull.. =( by Hamster+Of+Death · · Score: 1

      You might want to rethink that after you've pawned your tv and are digging in KFC's dumpster for food once the debt there has killed any chance of you having an income.

      But I think it should be YOU contacting THEM (Right around dinner time? =).

    2. Re:only semi-helpfull.. =( by geoffspear · · Score: 1

      You should consider moving to a state where 90% of the population isn't running for governor, then.

      --
      Don't blame me; I'm never given mod points.
  30. i gotta stress this again... by edrugtrader · · Score: 1

    if this was an opt-in to being called instead of an out-out of being called list, NO ONE WOULD SIGN UP.

    so all this list does is force every american to sign up for it. we ALL want to be on it.

    why don't they just make telemarketing illegal?

    --
    MARIJUANA, SHROOMS, X: ONLINE?! - E
    1. Re:i gotta stress this again... by PhoenixRising · · Score: 1

      That would be a rather slippery slope, wouldn't it? At that point, we're talking about abrogating free speech rights. With an opt-out system, you're talking about people stating that they do not wish to be contacted by certain groups for certain purposes, which makes it an issue of harassment.

    2. Re:i gotta stress this again... by the_mad_poster · · Score: 1

      So, it's not good enough for you that you have the choice, you want to force it on other people to? Like the telemarketers were previously doing by making unwanted calls? So, what you're saying is, the method of forced decision-making is okay as long the decision being made is the one YOU personally want?

      Do me a favor and don't speak for me ever again, even though you happened to be right this time (I'm on the list). You don't know what ALL of the people want.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    3. Re:i gotta stress this again... by edrugtrader · · Score: 1

      ok smart guy, being a libertarian, i don't intend or want to speak for anyone...

      SHOW ME *1* PERSON THAT *WANTS* TO BE INTERRUPTED DURING DINNER TO GET RIPPED OFF ON SOME SCAM AND YOU WIN.

      go.

      do me a favor and never step to deeeez nuuuuu-uuuutz again.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    4. Re:i gotta stress this again... by the_mad_poster · · Score: 1

      And, I quote:

      we ALL want to be on it.

      Intend to or not, you did.

      SHOW ME *1* PERSON THAT *WANTS* TO BE INTERRUPTED DURING DINNER TO GET RIPPED OFF ON SOME SCAM AND YOU WIN.

      THAT, students, is known as a red herring. Since it's almost certain noone wants to be ripped off on a scam, it's probably impossible to show someone that satisfies this condition.

      Of course, he completely disregarded the fact that not all telemarketing calls, and, indeed, most telemarketing calls, are not scams - merely irritating sales pitches.

      Had I been posed the question that fit the topic, rather than this almost completely unrelated rubbish (indeed - arguably COMPLETELY unrelated as scamming people on the phone is already illegal), I would point to myself as an example of someone who once willingly and knowingly opted in to a sales pitch via the phone. It was for windows, none-the-less.

      While I don't win your make-believe argument about phone scams, I do win the argument about annoying telemarketers.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:i gotta stress this again... by edrugtrader · · Score: 1

      wait a minute... so they are annoying... and you want to be annoyed?

      then you didn't win an arguement, you're just stupid.

      if you went to a home expo and told a specific telemarketer to call you, that is completely different.

      opening up your phone line so ANYONE could pitch you about ANYTHING is what this do-not-call list is all about.

      you are still retarded.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    6. Re:i gotta stress this again... by the_mad_poster · · Score: 1

      Uh... right. Excellent response right down to the fact that you didn't respond to the actual issue... AGAIN... AND you launched a baseless ad hominem.

      In case you didn't notice, this has NOTHING to do with MY personal preference. I already told you: I'm on the list. I hate telemarketers with a passion (I have to work with some and I hate that too.. they really are as obnoxious as there calls make them out to be) and I let everyone know about the list so they can sign up IF THEY WANT TO.

      That doesn't mean I'm so arrogant that I'd claim that EVERYONE wants to be on the list, so everyone should just be forced to be on it. In fact, I know several people who didn't sign up for it because they say they don't mind telemarketing calls. They just politely decline and hang up.

      Sorry I had to remind you that the world doesn't fall into line with all of your personal preconceptions of it. You and I hate telemarketers - not everyone does. Let them decide what they want to do with there phone lines rather than pushing on extreme or the other. Which is another good point... why the fuck are political and "charitable" organizations still allowed to call if I'm on the list....

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  31. It should be called the DUH.... by Lumpy · · Score: 1

    Elections are coming up fast... an issue that annoy's EVERY voter out there and you can say "I voted for that for YOU!"

    the Judge was doomed by making a really dumb decision, and he just got bitch-slapped by the Government on one issue that is guarenteed to make your elected official look good in one way.

    yeah, it's the DUH vote....

    --
    Do not look at laser with remaining good eye.
    1. Re:It should be called the DUH.... by xenocide2 · · Score: 1

      I think the judge's ruling was fair. Judges should maintain a stoic posture. They should not rule on laws simply because the judge does not like it. Instead they focus on whether or not the action was legal. In this case, it was outside of the jurisdiction Congress had authorized. This is part of the checks and balances system; the courts must be careful not to set a precedent to allow outstepping boundaries, even if popular support and legislatures are behind it.

      The bottom line is that this was a bill that needed to happen in order to give the originating commission authority to maintain the DNC list. If I was the judge I would not feel bitch slapped by "the Government," as you suggest.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  32. West has behaved correctly throughout this by PhoenixRising · · Score: 5, Insightful

    It's certainly pleasing to see that on at least one issue of national import, our elected reprentatives can all pull together for an effective resolution.

    I'm rather disappointed by the negativity that has been heaped on Judge West for his ruling suspending enforcement of the law, though. It's the job of the judiciary to keep the executive branch (in this case, the FTC) from overstepping the bounds of their authority granted to them by the legislative branch. If there was a question as to whether or not Congress granted the FTC sufficient authority to create such a list, enforcement of it certainly should be suspended until the matter is resolved. In this case, Congress (well, the House, anyway) has made itself clear on the matter -- they have explicitly placed the creation and enforcement of the list in the mandate. Unless West does something foolish at this juncture, like continuing to try to fight the enforcement of the list, he should be commended for doing his job of keeping the government consistent.

    1. Re:West has behaved correctly throughout this by Anonymous Coward · · Score: 0

      I agree with you completely. I don't think these politicians have really taken the time read what the judge's ruling was about. Judge West ruled on a technicality. He was doing his job exactly the way is supposed too, by keeping government agencies in check and not letting them overstep their boundaries in enforcing the law. I'm appalled when these politicians act like children when they threaten revenge on Judge West by distributing his phone number and complaining about how stupid he is for doing his job.

    2. Re:West has behaved correctly throughout this by silicon+not+in+the+v · · Score: 0

      Wow. I wish I had an "insightful" point for you today on this. It's good to note that he did nothing wrong by stating opposition to this, but should acquiesce when congress overrules. Thank you for stating how things legally are, rather than how personal opinion says they "should be."

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    3. Re:West has behaved correctly throughout this by Zathrus · · Score: 2, Insightful

      No. Congress authorized the creation of the list, mandated funding for it (which is largely coming from the telemarketers themselves), and set forth the terms for implementing it and what not.

      There may have been an oversight in that they didn't explicitly word it so that the FTC was authorized to implement the list, but if so then it was pretty clearly that -- an oversight. The judge, upon hearing the various arguments for and against, as well as seeing the 51 MILLION signups for the list in a mere four months should've authorized the FTC to do it. Yes, the judiciary can do that and has in the past. It's called following the spirit of the law instead of the letter.

      The judge, frankly, was stupid. He deserves the derision placed upon him. While he cannot be removed or replaced as a federal district judge, it's pretty damn certain that he's not going any further at this point. Of course, his position is nothing to sneeze at either, but it worries me to have such a strict justice in that position. Being a justice, particularly a high ranking one, means that you must be able to interpret the meaning behind the law; otherwise we could just do ruling by computers (and watch society fall apart as the legal system becomes so strict it's impossible to actually do anything).

    4. Re:West has behaved correctly throughout this by leerpm · · Score: 1

      That's just the thing though. I would say that Congress had already made itself clear on the matter when it explicitly authorized funding for the list earlier in the year.

    5. Re:West has behaved correctly throughout this by Razzak · · Score: 1

      Yep. He was just doing his job. It's like those people who always tell me they hate the police for giving them speeding tickets.

      There are plenty of reasons to hate police. I've always found them to be relatively nice guys, except the LAPD. Don't get me started on LAPD.

    6. Re:West has behaved correctly throughout this by DarkFall · · Score: 1

      I'd conspire and go even further to suggest that perhaps Judge West's decision for his ruling was insidious enough for him to make sure that this DNC list doesn't get challenged again and force Congress to officially legitimize it. He could have easily been a very sly fox and successfully pulled the wool over everyone's eyes with the proper outcome playing out in a matter of days.

      It's a stretched out supposition, but not entirely out of the question...

    7. Re:West has behaved correctly throughout this by Lord+Ender · · Score: 1

      This is probably the most insightful post I have seen on slashdot in a while. I wish this guy could be modded up to +10 so more people could read this.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    8. Re:West has behaved correctly throughout this by QuackQuack · · Score: 1

      I agree, I made the same point yesterday.

      I would rather have a judge make an unfortunate ruling based on the reading of a law than a judge make a ruling based on personal conviction-- That's not his/her job, it's to uphold the law, not to make law.

      --
      By reading this sig, you agree to the terms of my sig license.
    9. Re:West has behaved correctly throughout this by tgl · · Score: 1

      Nah, you miss the point entirely. Judges are trained to rule as narrowly as possible. West found a way to avoid ruling on anything interesting, and he did so. That's what he was supposed to do, and he did it. Only the Supremes are allowed to do otherwise ;-)

  33. Where do they come from? by Gonoff · · Score: 5, Insightful

    Funnily enough, in the UK, many people find that most of their spam comes from the USA. If you could kindly get your government to do a similarly fine job on spam, I would get less offers for enlargement of body parts and other tempting offers...

    --
    I'll see your Constitution and raise you a Queen.
    1. Re:Where do they come from? by fucksl4shd0t · · Score: 1

      Funnily enough, in the UK, many people find that most of their spam comes from the USA. If you could kindly get your government to do a similarly fine job on spam, I would get less offers for enlargement of body parts and other tempting offers...

      If you brits didn't have such little dicks, there wouldn't be a market for such products, and hence, no spam. :)

      Seriously, though, it's interesting that in the UK they're finding most of their spam coming from the USA. Here in the USA, I hear most of our spam comes from overseas (China, some African nations, and a lot from Taiwan, S. Korea, et al). I know that most of the spam I get in my inbox comes from overseas. :) Between the broken english and my email client wanting to install new character sets to display the email, it's pretty obvious. Not to mention that I installed several Asian character sets a long time ago so I wouldn't get prompted whenever I went to Japanese sites, so I get a lot of Asian email that doesn't have to install a character set to display.

      --
      Like what I said? You might like my music
    2. Re:Where do they come from? by tarquin_fim_bim · · Score: 2, Interesting

      This is more than likely a case of dogs not shitting on their own doorstep. Whether or not the perpetrator is in the same country as you, they're probably going to relay through a server in another country, purely because it's less easy to be traced.

    3. Re:Where do they come from? by Anonymous Coward · · Score: 1, Funny

      It's more easy to say harder than less easy :p

    4. Re:Where do they come from? by Trepalium · · Score: 2, Informative

      A lot of spam goes through servers overseas (open SMTP relays), but still originates in the US (or the ever popular Nigeria).

      --
      I used up all my sick days, so I'm calling in dead.
    5. Re:Where do they come from? by diablobynight · · Score: 0, Flamebait

      yes,of course your right, because I should believe the amazing data you presented us with. Oh wait, no data was presented, you just made a random claim. Considering Japan, germany, and the UK all have fairly large economies I am sure they as well provide spam, you know it's from germany when it involves more men than women.

      --
      Anonymous Cowards - Oh God, How I hate you
    6. Re:Where do they come from? by Anonymous Coward · · Score: 0

      If you could kindly get your government to do a similarly fine job on spam, I would get less offers for enlargement of body parts and other tempting offers...
      Being an Englishman, I can see as how you would find penis enlargement ads "tempting"!

    7. Re:Where do they come from? by CaptBubba · · Score: 1

      Actually, most of my spam comes from Finland, Germany, Iceland, Poland and open dsl relays in the US. A few "Recieved" headers: from kki.pl not authenticated from cc.hut.fi not authenticated from shuttle.de not authenticated from itn.is not authenticated from adsl[IP removed].dsl.lsan03.pacbell.net not authenticated I get almost no spam from Asian sources. Perhaps they are already filtered out by the email server.

    8. Re:Where do they come from? by switcha · · Score: 1
      Funnily enough, in the UK, many people find that most of their spam comes from the USA.

      You can tell where your spam comes from? Mine all says I sent it to myself. Hmph...

      --
      You know what? ... A little club soda *did* get that out!
    9. Re:Where do they come from? by Trepalium · · Score: 1

      Okay, fine. I was stating an OPINION and personal OBSERVATION from back when I actually cared enough to try and report spam. I'm sorry I offended you by not explicitly stating this.

      --
      I used up all my sick days, so I'm calling in dead.
    10. Re:Where do they come from? by TiggsPanther · · Score: 2, Interesting
      If you brits didn't have such little dicks, there wouldn't be a market for such products, and hence, no spam. :)

      Hey. Speaking as a Brit I'm quite content with my "size". So why I want anyone telling me to pay them to make by penis bigger is just a mystery.

      Seriously, though, it's interesting that in the UK they're finding most of their spam coming from the USA. Here in the USA, I hear most of our spam comes from overseas

      Most of mine certianly comes from the US. Or, at the very least, comes on behalf of US companies.
      I don't see quite so much Asian-based spam these days.

      Then again, this could be due to a combination of my mailhost using Spamassassin, and my mail-client auto-moving anything from @yahoo.com.tw to the trash folder.

      --
      Tiggs
      "120 chars should be enough for everyone..."
    11. Re:Where do they come from? by InfiniteWisdom · · Score: 1

      enlargement of body parts
      You got my enlarge your big toe e-mail? Sorry about that.

    12. Re:Where do they come from? by jonbryce · · Score: 1

      The fact that prices are quoted in US$ is a giveaway.

      The use of american rather than english words also helps

  34. Quickly? by BoomerSooner · · Score: 4, Insightful

    How long have telephones been around?

    Doesn't sound quick to me at all. They aren't passing a bill saying No Telemarketing, they are passing a bill saying the FCC can have a Do Not Call List. BIG DIFFERENCE.

    Call the FCC for a Do Not SPAM list.

    1. Re:Quickly? by p4ul13 · · Score: 1

      I think the idea of a do-not-spam list is great (and sounds funny as well), but I think one of the other obstacles for it is the FCC. Others have already mentioned that they wouldn't have jurisdiction in the countries sending the stuff, but on top of that I don't believe they have the same authority over the internet as they seem to have over telephone.

      Anybody know more about the extent of their internet authority?

      --
      Paul Lenhart writes words!
    2. Re:Quickly? by danielsfca2 · · Score: 1

      FTC. Not FCC.

    3. Re:Quickly? by X · · Score: 1

      Actually, it's my understanding that the ruling was that the FTC did not have the jurisdiction to do this, and it was implied that the FCC did. I am surprised that congress's solution is to give the rights to the FTC rather than just require the FCC to enact the list exactly as the FTC had been required.

      Could this be an inter-agency power grab?

      --
      sigs are a waste of space
    4. Re:Quickly? by WNight · · Score: 1

      Telemarketing is a commercial activity, and thus better (or just as well) regulated by the F-Trade-C, instead of the F-Communications-C.

      It fits in with privacy laws and when passed by the FTC, better expands to cover any form of harassing sales, not just those by telephone. If the FCC took over they'd be unable to in the future ban unsolicited paper mail from these companies, whereas this would be in the FTCs jurisdiction.

    5. Re:Quickly? by X · · Score: 1

      Sounds rational to me, although obviously a judge sees it in a different light. I guess it seems to me like the FCC governs commerical communications as much as the FTC does, and given that the judge seemed to suggest the FCC had the right to enact a DNC list, why not just go along with him.

      --
      sigs are a waste of space
  35. Wait a minute by Krackbaby · · Score: 1

    I'm all for this list, heck my numbers on it, but shouldn't they just have the FCC do it instead? Wasn't that the problem, that the FTC didn't have the congressional authority to regulate telephone calls like the FCC did? I mean if there's this much support in congress and the administration doesn't it just make more sense that rather than add another law to the books (and give the FTC jurisdiction over something that they may not be suited for) just let the FCC take quick action? We know the FCC supported the idea since they "combined" their authority with the FTC's and just let the FTC run the list. The only reason I can see for the FCC not doing it is because supposedly the FCC chariman is independent of the administration and isn't supposed to be influenced in day to day matters, but they are supposedly in support of this, so what gives?

    1. Re:Wait a minute by Grishnakh · · Score: 1

      The FCC and FTC are federal agencies created by Congress. Since Congress created them, Congress can tell them what to do. In this case, Congress told the FTC to set up a DNC list, which they did. Judge West was sticking his nose in where it didn't belong; who is he to decide how a congressional agency follows Congress's orders? His only concern is if they are doing something illegal or unconstitional, which they are not since it was Congress that mandated the creation of the DNC list.

  36. And they can all move... by siskbc · · Score: 1
    I do think that those people that will loose their jobs because of this will remember this too. "Representative government" goes both ways.

    ...to a wonderful land called "Spameria" where they'll actually make up any significant sort of majority. Otherwise, it's the people who voted against it that will probably get nuked come Nov 2004.

    --

    -Looking for a job as a materials chemist or multivariat

  37. Re:"Fifty million Americans can't be wrong." by Anonymous Coward · · Score: 0

    Oh how I wish I had my "telemarketing article" troll ready. Oh well.

  38. What's wrong with Norwegian Skiers eh? by CrosbieFitch · · Score: 1

    "...hanging up on a telemarker at dinner time"

    I wouldn't hang up on a telemarker. You should see their kneel turns!

    I'd fancy some telemarking any day!

    1. Re:What's wrong with Norwegian Skiers eh? by Anonymous Coward · · Score: 0

      I like to just set the phone down and let them go through their speech. Then eventually they notice there's nobody there.

  39. Not overruled, simply complied with by incompetent_bitch · · Score: 2, Informative

    Just to clarify - the judge held that the FTC did not have Congressional authority to implement the list. This vote simply gives explicit Congressional authority to the FTC to maintain a "Do Not Call" list.
    The role of a judge is to interpret the laws, and he interpreted the law as he saw it. Congress took note and now fixed it. Now, unless there's a serious Constitutional question (doubtful), and if the FTC now has explicit authority from Congress, then this *should* be the end of litigation by the DMA.
    So, just to clarify, the judges ruling was complied with, not really overruled.

  40. I'm an okie by wmaker · · Score: 0, Troll

    I'm an okie, and i agree with judges decision. I'm not saying i want these people to call me, but they do employ millions of people, and they have the right to speech.

    1. Re:I'm an okie by bigjnsa500 · · Score: 1
      So what's your phone number?

      Do you need skirts around your trailer? How about some shiny new degreaser for the '77 Olds in the front yard?

      Damn okies...

      --
      This is a test. This is a test of the emergency sig system. This has been only a test.
    2. Re:I'm an okie by Porphyro · · Score: 1

      Here is the deal about freedom of speech. It does not equal freedom to be heard. If I own a television station/radio station/whatever - I can very well choose to not publicize what you have to say. That is because your constitional right to say whatever you want STOPS right at the entryway to my PRIVATE property. All the federal government is doing here is allowing the compiliation of a list of people who want their privacy respected - and enacting fines for those who ignore that privacy. The telemarketers aren't having their free speech halted, rather they are being stopped from performing the equivalent of trespassing.

    3. Re:I'm an okie by wmaker · · Score: 1

      well, i live in a 4000 sq ft house, i drive an 03 z71 chevy, and my phone number could easily be found by whois'ing domain name for my website listed above...but that is my house in dallas. you are a stupid son of a bitch. i hate people like you.

    4. Re:I'm an okie by bigjnsa500 · · Score: 1

      Then your NOT an okie? Why did you say you were an Okie to begin with? With a URL like sexxy.net your some pimply twert who can't put down the lotion. Get a real job and stop wakin off!

      --
      This is a test. This is a test of the emergency sig system. This has been only a test.
    5. Re:I'm an okie by wmaker · · Score: 1

      i work for a university in oklahoma... i have a house in dallas, and a house in guthrie oklahoma, now go die in a car wreck or something.

    6. Re:I'm an okie by bigjnsa500 · · Score: 1

      Sounds to me like your kind of disappointed about being on Okie.

      --
      This is a test. This is a test of the emergency sig system. This has been only a test.
    7. Re:I'm an okie by wmaker · · Score: 1

      *sarcasm* yes, that is exactly what i said. Seriously, you are about as cool as a kick in the nuts.

    8. Re:I'm an okie by bigjnsa500 · · Score: 1

      Why the change of URLs? You don't wanna be associated with sexxxy.net while working at a University?

      --
      This is a test. This is a test of the emergency sig system. This has been only a test.
    9. Re:I'm an okie by Anonymous Coward · · Score: 0

      You're an okie, so I'll type this REAL SLOW.

      The illegal drug industry employs millions of people, too. Do you want them to keep working?

      They have the right to free speech, but DIALING my number is NOT speech; it's an act of intrusion into my privacy. They could walk up to me on the street and talk to me. Then I could flip them the bird and walk off. See the difference, Sparky?

    10. Re:I'm an okie by Anonymous Coward · · Score: 0

      Some people pay big money for that.

    11. Re:I'm an okie by wmaker · · Score: 1

      the domain isn't even in use jack ass, it's a domain name my dad gave to me after he sold his ISP. Go get stuck in an elevator someplace.

    12. Re:I'm an okie by wmaker · · Score: 1

      if the government didn't want drugs around, they would be a little more strict about drug restriction. The truth is... our government WANT drugs here. Fuck, 5/6th of the drug money gets spent on american made products!!! the government loves drugs!

  41. The Do-Not Call List is a Bad Government by Anonymous Coward · · Score: 2, Insightful

    Fifty million Americans can't be wrong. That's going to be the mantra in Congress for the next two weeks as frantic resolutions are passed authorizing the Federal Trade Commission to implement the proposed National Do Not Call lists. It is ideal legislation; what self-respecting member of Congress is going to vote against those annoying calls at dinner to sell you vacation rentals or offer a credit card.

    Ignored in the fracas is a startling truth: The Do-Not-Call list is going to be a failure. It's also an example of the worst sort of government regulation. The two arguments against a Do Not Call list are job loss and the power of marketing. The direct marketing industry has been crying out about potential job losses. Losing two million jobs, many going to low income rural Americans, is a bad thing. And I can believe that the choice direct telemarketing offers (would you like to switch your phone service for 2.9 cents a minute?) helps consumers in the long term. But let's break down why the Do Not Call list is going to fail: Nonprofits, Politicians and Business Process.

    The two biggest abusers of telemarketing are politicians and nonprofits. I can't tell you how many times the Virginia State Police Association has called me asking for money. And my phone rings off the hook come election time with Get Out the Vote Calls. These two groups are exempted under the Do Not Call list.

    But the exemptions, once created, can only be expanded. Do nonprofits that hire commercials solicitors need apply? What about nonprofits cross-selling commercial products (Greenpeace offering a MBNA Credit card? The NRA offering AT&T phone service). If our intent is to create a zone of privacy, why let in two industries off the bat. And why it may reduce the number of calls, the FTC does not have the staff or expertise to go after the multitude of nonprofit cross selling opportunities which will arise.

    I can understand the hypocrisy of politicians removing themselves from the Do No Call regulations, but how is the average American going to react when they get 15 calls to vote for their local congressmen, city council members or Senator come election time. Didn't we sign up for the Do Not Call list, dear? Oh, yes, but Politicians can still call you.

    But the biggest weakness, and why the Do-Not-Call act is going to fail, it that it trying to regulate an admirable process (stop telemarketing) but isn't setting out the tools necessary to do so. Let's look at how a telemarketer works. They buy data from a data company - say 15 million records on people who moved recently. They run that through some sorts and come up with 250,000 phone calls they need to make, and then hit the digits.

    The national data companies will take the data a few times a year and add a field for people who signed up for Do Not Call. What that means is that if you move, or change phone numbers, it's going to take a while for that information to be updated. And if you name was already sold, say two years ago to a telemarketing firm, how is that company going to find out you where on the Do-Not-call list. Are they going to take their existing data and clean it (which costs money that the companies don't want to spend). And what if you run a business out of your house? Business to business calls are still open, so that means you are still open for calls. There's a hundred other examples of this, and the net result is that a lot of the 50 million Americans who signed up are still going to be gettings calls at 6 pm, and after a long and complicated procedure they are going to find out there's not much you can do. The Do Not Call list is government regulation that ignore business process, and it is going to do very little to stop the calls.

    1. Re:The Do-Not Call List is a Bad Government by Enry · · Score: 1

      In some cases, the calls from police organizations and whatnot are not non-profits. As in, the receipt you get says "This donation is deductible as a business expense". As in, the 'charity' I donated to is not recognized as a non-profit org by the IRS. As in, they can't call you under the new rules.

    2. Re:The Do-Not Call List is a Bad Government by ptspellman · · Score: 1

      There are pretty simple answers to all of your questions. Political and Non-profit callers were exempted because it would almost certainly fail a first ammendment challenge. Free speech trumps pretty much everything. Commercial speech does not however get the same protections as other speech so it is ok to regulate it. As for you last set of questions: all telemarketer will have to scrub their lists every three months of face $11,000 fines for each illelgal call.

    3. Re:The Do-Not Call List is a Bad Government by gr0nd · · Score: 1

      Bullshit. Its working in Pennsylvania. The only telemarketing calls I get are the local PBS station (because I gave in the past). That's it. The sequential auto-dialers seem to check the DNC list. None of them since I signed up.

    4. Re:The Do-Not Call List is a Bad Government by Elwood+P+Dowd · · Score: 1

      I can't tell you how many times the Virginia State Police Association has called me asking for money.

      As someone else pointed out, those calls are usually from a for-profit business that is totally unaffiliated with the charity in question. They then give 2% of the money they collect to whatever charity.

      The FTC has a bunch of information about charity fraud on their website. These people would be prevented by the DNC list.

      --

      There are no trails. There are no trees out here.
    5. Re:The Do-Not Call List is a Bad Government by Steve+B · · Score: 1
      I can understand the hypocrisy of politicians removing themselves from the Do No Call regulations, but how is the average American going to react when they get 15 calls to vote for their local congressmen, city council members or Senator come election time. Didn't we sign up for the Do Not Call list, dear? Oh, yes, but Politicians can still call you.

      The solution to that problem is to tell the pest that you are on the Do Not Call list, and simply refuse to listen when they explain that they are exempt. Armor yourself in invincible ignorance on this issue. Basically, act like one of those folks who thinks that Elvis is alive, that the moon landings were filmed in Arizona, etc.

      If enough people stick to their guns in that manner, then even nominally "exempt" outfits will find themselves forced to use the DNC list as a matter of practical necessity.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:The Do-Not Call List is a Bad Government by mrex · · Score: 1

      Ignored in the fracas is a startling truth: The Do-Not-Call list is going to be a failure. It's also an example of the worst sort of government regulation. The two arguments against a Do Not Call list are job loss and the power of marketing. The direct marketing industry has been crying out about potential job losses. Losing two million jobs, many going to low income rural Americans, is a bad thing.

      Two problems with this line of reasoning. First, the two million jobs figure is attributable to the Direct Marketing Assoc., and as such is immediately suspect. Job loss estimates by more independant sources, such as the analyst quoted in a story about this issue in last weeks USA Today (the writer's name escapes me) put the real job losses somewhere around 1/4th or less of that.

      The second, and larger problem is that you are failing to see the big picture. The core of the problem is that a large industry has formed to provide a service that consumers not only don't want, but actually find highly intrusive and annoying. Regardless of how many people are employed by these paid harassment companies, the fact of the matter is such paid harassment ought to have been made illegal a long long time ago, before it got to the stage that 2 million people are employed as paid telephone harassers.

      And I can believe that the choice direct telemarketing offers (would you like to switch your phone service for 2.9 cents a minute?) helps consumers in the long term.

      I don't suppose you'd care to explain how, exactly? I have never heard of anyone getting a good deal from a telemarketer. Even if one did, does that excuse bothering the other 999 people that had no interest in receiving the same offer while they were eating dinner?

      But let's break down why the Do Not Call list is going to fail: Nonprofits, Politicians and Business Process.

      OK. Let's go.

      The two biggest abusers of telemarketing are politicians and nonprofits.

      Are you going to back this up with anything besides an anecdote? I will grant you that I do receive my share of calls from non-profits, but I receive far more from businesses trying to sell me something. I haven't been logging any statistics, but I would estimate that I get about 20:1 commercial/nonprofit calls. Certainly, commercial entities make up the lionshare of the annoyance calls I get.

      I can't tell you how many times the Virginia State Police Association has called me asking for money. And my phone rings off the hook come election time with Get Out the Vote Calls. These two groups are exempted under the Do Not Call list.

      Because that really would run into the Constitution. Regulating political speech in any way is a big no-no for our government, for the best of reasons. I would still try to make the case that nobody should have the right to call you at your house without your permission to advertise anything to you, but I understand why Congress is nervous about dealing with that.

      But the exemptions, once created, can only be expanded.

      Why? I can't think of why anyone would expand the exemptions. This is easily the most popular piece of legislation they've dealt with in several sessions.

      Do nonprofits that hire commercials solicitors need apply?

      I would suspect that acting on behalf of a non-profit organization would be the same as being a non-profit yourself. Thank you for reminding us of one more reason why all 2 million call center jobs aren't suddenly going to vanish.

      What about nonprofits cross-selling commercial products (Greenpeace offering a MBNA Credit card?

      As that is a commercial solicitation, I would expect that to be illegal.

      The NRA offering AT&T phone service). If our intent is to create a zone of privacy, why let in two industries off the bat.

      By definition, nonprofit organizations and political entities are not industry.

      And why it may reduce the number of ca

    7. Re:The Do-Not Call List is a Bad Government by superyooser · · Score: 1
      But the exemptions, once created, can only be expanded.

      You're exactly right. This could end up like the Tax Code--loopholes everywhere. Eventually, people working at both businesses and non-profit organizations might have to hire a lawyer everytime they need to make a phone call so they'll know if it's legal.

    8. Re:The Do-Not Call List is a Bad Government by Anonymous Coward · · Score: 0

      The exemptions could also be because the FTC is the Federal TRADE Commission and probably shouldn't be blocking calls proposing anything that doesn't involve giving money and receiving something in return.

      tbh, I think the telemarketers should **** off because we don't want them calling us and our desire to not be called should be enforced by the agency whose mission matches up the closest to that desire. Since the telemarketers are proposing buying and selling than they are proposing trade and in comes the FTC to fulfill our desire to not be afraid to answer the phone or feel drained and depressed when one of the wankers goes ballistic when we say no because their tyrant boss won't let them sit in a chair if they don't get enough sales per day.

    9. Re:The Do-Not Call List is a Bad Government by Anonymous Coward · · Score: 0

      Free speech trumps pretty much everything.

      I don't think you could make a logically valid free speech argument against do not call lists.

      Free speech doesn't allow you to spray-paint your political slogan on my window so that I see it from inside my house. And why? Because it's my window, and your free speech rights don't trump my property rights. So what about that telephone? It's mine too, right?

    10. Re:The Do-Not Call List is a Bad Government by Anonymous Coward · · Score: 0

      Pretty long winded for such a moron.

  42. So many errors, where do I start... by MyNameIsFred · · Score: 4, Insightful
    ...It's clear that the F.T.C. has been engaging in regulatory imperialism and ruled outside it's area....

    Congress created the FTC, and Congress can change the FTC's mission. Congress explicitedly told the FTC to create the Do-Not-Call list. Hence, they did not stray outside their area.

    ...milions of lost jobs in an important industry...

    It has been pointed out that this claim is hyperbole. Most people who work for call banks work for a specific company. For example, a bank which calls its own customers. Such calls are still legal.

    ...thats capiatalism you know...

    But that is laisse faire captialism, which we don't have in this country.

    1. Re:So many errors, where do I start... by panaceaa · · Score: 1
  43. 50 Million People Sure Can Be Wrong by moehoward · · Score: 2, Insightful

    Does that mean we have now voted god into existence?

    Does this mean that astrology is real?

    Does this mean I can talk to the dead?

    Does this mean that Friends is really a good show?

    I think not. 50 million people can sometimes be real doofuses.

    --
    "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    1. Re:50 Million People Sure Can Be Wrong by striker64 · · Score: 1

      Friends really is a good show!

    2. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      God has always been in existence.

    3. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      Not quite, it means we've just voted a plethora of contradictory gods into existance. And some of these gods are either schizophrenic are have imposters.

    4. Re:50 Million People Sure Can Be Wrong by untaken_name · · Score: 1

      Does that mean we have now voted god into existence?

      Does this mean that astrology is real?

      Does this mean I can talk to the dead?

      Does this mean that Friends is really a good show?

      I think not. 50 million people can sometimes be real doofuses.


      Can you prove the nonexistence of god? (note: please remember that negative evidence is not evidence under the rules of logic)

      Can you prove that astrology is not real? (of course, there are charlatans, but can you prove that out of all the people on the planet, not one can gain insight from the stars?)

      Many people talk to the dead, every day. I think what you left off was the 'and have them answer back.'

      Why is your opinion about a tv show (which makes more money per episode than you will likely see in your entire life) better than anyone else's?

      Please note that I have not given you any of my personal opinions, although you may believe that I have. Please refrain from assuming that your opinion is so valuable that your basic assumptions need not be questioned. At one time, considerably more than 50 million people believed the earth was flat, and from the tone of your post, you would not only have been one of them, but you would have heaped scorn upon the 'round-earth' crowd. While it is okay to have opinions, believing your opinions to be definitive statements is not only the height of hubris, but is as glaring as a bad toupee to those with a less rigid worldview.

      For the record: I am agnostic, I don't believe that astrology works, I talk to the dead but I never expect them to answer, and while I catch Friends every now and then, it is by no means my favorite show. I just hate arrogant fuckwads who believe that their opinions define reality. I bet you consider yourself more 'open-minded' than most people, too.

    5. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 1, Insightful

      It's not '50 million people can't be wrong' ... it's '50 million households with 50+ million voters that you do not want to piss off'

    6. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      Your god can suck deeez nuuuts.

    7. Re:50 Million People Sure Can Be Wrong by el-spectre · · Score: 1

      I'll take a shot at these:

      God: In order to have a reasonable belief in something, the standard is evidence. There is no objective evidence for the existence of a god. Therefore the issue is not 'you can't prove that there is not a god', but 'what proof is there that god exists?'. Since the one proposing a change from the accepted status must prove his point, the latter question is the only one relevant.

      Now, if we had some real evidence for a god, then the argument against it would have the burden of proof. Unfortunately people get convinced that the 'default position' is the presence of a god, although this kind of assumption is only considered valid in religion. No other field would allow such unfounded beliefs.

      Astrology: Same case, Those arguing the existence of a phenomenon with no evidence have the burden of proof.

      Talking to the dead: Have fun, but no whining when they ignore you.

      Friends: If there's a universal truth, it's that insipid TV is evil :) Write a book, found a religion on that :)

      Basic assumptions are VERY important, as you stated so well. Given the assumption that the universe is not inherently deceptive, these arguments stand.

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    8. Re:50 Million People Sure Can Be Wrong by moehoward · · Score: 1

      You "don't believe" that astrology works? Good lord (pardon the irony in that statement)!!

      It doesn't matter what you believe. That's my point. Who cares. Facts talk, everything else walks. The only opinion I gave was wrt Friends. So I'm a f-ckwad for saying Friends sucks. OK. I can live with that.

      The Friends thing was a joke, as was much of my post. Lighten up and stop confusing tolerance with acceptance. Just because some people believe in god or astrology doesn't mean I have to accept that. They're wrong. But I tolerate that and make cracks on slashdot to make them feel inferior. Thanks for playing.

      --
      "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    9. Re:50 Million People Sure Can Be Wrong by Pablo_Rulz · · Score: 0

      But I tolerate that and make cracks on slashdot to make them feel inferior.

      Why would this make me feel inferior? If anything, it just makes me feel sorry for you.

    10. Re:50 Million People Sure Can Be Wrong by swordboy · · Score: 1

      I think not. 50 million people can sometimes be real doofuses.

      Never underestimate the power of stupid people in large quantities.

      --

      Life is the leading cause of death in America.
    11. Re:50 Million People Sure Can Be Wrong by geekoid · · Score: 1

      "God: In order to have a reasonable belief in something, the standard is evidence. There is no objective evidence for the existence of a god. Therefore the issue is not 'you can't prove that there is not a god', but 'what proof is there that god exists?'. Since the one proposing a change from the accepted status must prove his point, the latter question is the only one relevant."

      No. For belief, you just need faith. If you want to prove someting as fact, you need evidence.
      Example:
      I have never seen earth sozed planets orbiting another star, but I believe they exist.

      "Now, if we had some real evidence for a god, then the argument against it would have the burden of proof. Unfortunately people get convinced that the 'default position' is the presence of a god, although this kind of assumption is only considered valid in religion. No other field would allow such unfounded beliefs."

      true.

      I would like to point out that if there is a God(I'm speaking in the christian sense) he can not allow there to be proof of if existence, or free will would become moot. thats why it's about Faith.

      "Astrology: Same case, Those arguing the existence of a phenomenon with no evidence have the burden of proof."

      Actually, Astrology has been debunked it nearly all(if not all) its forms. Because it is based on real testable result, hence it can be dis'proved, as it were.

      "Talking to the dead: Have fun, but no whining when they ignore you."

      Because, apparently the dead have nothing to do except hang around TV studios ;)

      "Friends: If there's a universal truth, it's that insipid TV is evil :) Write a book, found a religion on that :)"
      Well it is a form of entertain ment, and art, therefore it is completly subjective.

      "Basic assumptions are VERY important, as you stated so well. Given the assumption that the universe is not inherently deceptive, these arguments stand."

      if by 'inherently deceptive' you mean 'intentional deceptive' then you are correct. However, so much is unknow about the universe, and how it functions, that the lack of understanding in itself can cause deception.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    12. Re:50 Million People Sure Can Be Wrong by reboot246 · · Score: 1

      All of my dead friends tell me that they really love "Friends", but only when the moon is in Aquarius. Oh, and God tells me He hates the show. At least the Supreme Being has good taste.

    13. Re:50 Million People Sure Can Be Wrong by moehoward · · Score: 1

      It doesn't make you feel inferior. It was a joke. But your lack of sense of humor DOES, in fact, make you inferior.

      Bow down to your atheist lord. And wipe that smirk off your face!

      Don't feel sorry for me. I can feel sorry enough for myself for the both of us!

      --
      "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    14. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      The difference here is that you could probably find 50 million people to argue against each of your points. I'd doubt you'd find 50 million who want to still get the phone calls.

      The 50 million in this case are a good indication of the views of the vast majority of Americans

    15. Re:50 Million People Sure Can Be Wrong by Pablo_Rulz · · Score: 0

      LOL

    16. Re:50 Million People Sure Can Be Wrong by untaken_name · · Score: 1

      God: In order to have a reasonable belief in something, the standard is evidence. There is no objective evidence for the existence of a god. Therefore the issue is not 'you can't prove that there is not a god', but 'what proof is there that god exists?'. Since the one proposing a change from the accepted status must prove his point, the latter question is the only one relevant.

      Firstly: why do you define the nonexistence of god to be the accepted state? There are more people in the world that believe in some form of diety than do not. I am not saying that their belief makes it true, however I would assert that the 'accepted' state would be the state most of the world is in, and has been for all of recorded history. It isn't enough to simply say that the state you prefer is the accepted state.
      The existence of god can be 'proven' by simply asserting that the universe exists. To one who doees not believe in god, this is not proof. To one who does, it is all the proof needed. We all must make that determination for ourselves, however to difinitively state 'there is (or is not) a god' is foolish. If god exists, he certainly does not need our belief in order to exist, and if there is no god, no amount of belief will change that. You claim that all that is needed to shift burden of proof is evidence, yet by the rules of logic negative evidence is not evidence. Thusly, there is no evidence on either side, and the burden of proof lies on the one making the claim of certainty. Certainly, the universe came from something; even the proponents of the big bang theory (and its more currently in fashion competitors) are uncertain as to where the universe came from. The phenomenon, then, exists, as the origin of the universe has not been explained. As to the will (if there is one) of god (if there is one), you are correct. Anyone wishing to convince me that they know the mind of god (if there is one) has the burden of proof.

      Unfortunately people get convinced that the 'default position' is the presence of a god, although this kind of assumption is only considered valid in religion. No other field would allow such unfounded beliefs.

      Do you really believe that? Consider the 'humours', if you will. Consider lobotomies for the 'treatment' of mentally ill persons. Consider the firm belief that the sound barrier was unbreakable, that humans can't exceed 16Gs under any conditions, that cancer can't be cured, and many other assumptions that other fields have held. Just because people are scientists or doctors or intellectuals does not mean that they do not make basic, unsupported assumptions. Have you ever seen a quark?

      Astrology: Same case, Those arguing the existence of a phenomenon with no evidence have the burden of proof.

      While true, it is important to remember that 'not proven' is not the same as 'not true.' I'm not saying that astrology works, only that keeping an open mind is extremely important. Had the OP said 'I don't believe in god or astrology, and I don't like the show 'friends',' I would have had no quarrel. It's when people state opinions as fact that I become upset.

      Talking to the dead: Have fun, but no whining when they ignore you.

      As I said, talking to the dead is not only possible but easily done; having the dead answer you when you talk to them is a different matter. Again, however, stating definitive knowledge that it can't ever be done is limiting. I don't believe that I'll ever see it happen, but that doesn't mean it cannot. People stated as fact that man would never fly, never get to the moon, never do a bunch of things that were not only 'impossible' but laughable...and yet they were done.

      Friends: If there's a universal truth, it's that insipid TV is evil :) Write a book, found a religion on that :)

      Funny, that what people said about Shakespeare in his own time. Perhaps elementary school children of the future will be watching 'friends' because they're mandated to

    17. Re:50 Million People Sure Can Be Wrong by el-spectre · · Score: 1

      In all matters other than religious, people expect proof for believing something to be true (or at least rational ones do. Lots of folks believe only things that make them happy. Such is the human animal). Because it is so pervasive, belief in some higher power is considered by many the 'default' state. It is certainly the accepted. I have never found concensus to be particularly cinvincing though. Lots of people believe weird things.

      I am suggesting that, logically, this is a mistake. Most likely, we hold on to religion because it is tradition and it conforts us in a confusing universe. Emotionally satisfying, but not very rational.

      [Do you really believe that?]
      Yup, nice thing about science, it tends to self correct. Actually, the ultimate dispelling of these incorrect beliefs kinda make my point. Incidently, quarks have been (indirectly) observed many times. It's impossible to see one, due to the nature of light.

      [Other stuff]
      Ok, stating that a bunch of possible things were once consider impossible doesn't prove anything. Arguing the contrapositive doesn't add much to the argument.

      Nope, bad TV is evil. Universal truth :)

      Methinks you are confusing complicated/confusing with deceptive. Now, if energy was particulate yet always appears like a wave, _that_ would be deceptive. Sadly, we'd never know.

      And I know that Arthur is french, inspired Mr. Tolkein as I recall... so it was worth something.

      What is a 'sexual intellectuals', please?

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    18. Re:50 Million People Sure Can Be Wrong by FatHogByTheAss · · Score: 1

      Can you prove the nonexistence of god?

      You can't prove the non-existence of anything, there, Aristotle.

      Can you prove that I am not God?

      --

      --
      You sure got a purty mouth...

    19. Re:50 Million People Sure Can Be Wrong by el-spectre · · Score: 1

      Sorry, I try to be very rational in my thinking. There's not a lot of difference between 'conclusion' and 'belief' to me, so I guess it was poor word choice.

      Sure, god could be faking us out, hence the 'inherently deceptive' comment.

      You're right about astrology, my bad... didn't think about that.

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    20. Re:50 Million People Sure Can Be Wrong by FatHogByTheAss · · Score: 1

      In all matters other than religious, people expect proof for believing something to be true (or at least rational ones do.

      True statement: I love my children. I do not require any evidence to know it. For you, it would be purely a matter of faith.

      There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy.

      --

      --
      You sure got a purty mouth...

    21. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      50 million people can sometimes be real doofuses

      Your the perfect example! ;)

    22. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      Talk to child services sometime. Their default state for "loving children" is "prove it" by actions and (lack of) certain actions

    23. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      Actually, I think you may be thinking of Coupling. Friends does indeed suck.

    24. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      I know. Actually, he lives in my basement. I rent a room to him for a bit of extra cash. He's a real slob actually. He always brings home those under-age girls. Kind of worries me, but whatever floats his boat, I guess. After all he's god, above morality and all that. I even saw him uploading some homemade kiddie porn to the net. I'm just glad he's got his own internet provider. Since, he's God, I guess he won't get busted.

    25. Re:50 Million People Sure Can Be Wrong by el-spectre · · Score: 1

      True, but this is a statement about a subjective opinion (i.e. that your child is lovable, etc.) and thus you don't have to prove it to anyone. If it were a dispute over the existence of your child, a higher criterion would have to be met.

      Indeed, all of our philosophies are lacking. Thus the value of discourse, kind sir.

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    26. Re:50 Million People Sure Can Be Wrong by Anonymous Coward · · Score: 0

      As long as you are willing to admit that you are irrational and believe in things without a shred of evidence, how could we possibly argue with you? And why bother? You more or less admit that you believe in your magic daddy for no reason other than lots of others do and it makes you all warm and fuzzy thinking about HIM.

      Your claim that this thing you can't explain exists is no different from my claim that a "rkhgsl" exists. It really doesn't mean anything. It's just nonsensical gibberish to everyone but you (since only you can really know what you believe in but can't explain). Personally, I would be kind of embarrassed to admit to believing in something about which I know absolutely nothing.

      Feel free to believe in anything you want. We may make fun of your silly beliefs, but we would never persecute you for them or kill you for them as the Catholic church used to do to non-believers. Frankly I find your creation tales rather uninteresting though. I prefer the idea that the universe rests on the back of a giant turtle who then rests on the back of another giant turtle...

    27. Re:50 Million People Sure Can Be Wrong by ksisco · · Score: 0
      I would like to point out that if there is a God(I'm speaking in the christian sense) he can not allow there to be proof of if existence, or free will would become moot. thats why it's about Faith.

      Also speaking from the Christian sense, this makes no sense. The Bible is full of examples of God speaking to men directly (Noah, Abraham, Moses, etc) which seems to "prove" his existence to them and they all still acted with free will (ie, they all sinned after God spoke to them). Hebrews 11, lists these men as men of great faith showing that the proof they received also did not negate their faith.

      Secondly, the specific purpose of the miracles performed by Jesus and His apostles was their proof they were acting under God's authority.

      Now, you can say you don't believe what you read in the Bible, but you can not deny that those who wrote it did not subscribe to your statement above.

    28. Re:50 Million People Sure Can Be Wrong by untaken_name · · Score: 1

      Incidently, quarks have been (indirectly) observed many times. It's impossible to see one, due to the nature of light.

      Impossible to see, yet there are indirect evidences for it. You have to take on faith that quarks exist. Why is that rational, but taking on faith that something created the universe isn't? (indirect proof of that would be...the universe existing. it's not direct proof, but neither is there direct proof for the existence of quarks. I'm not saying quarks don't exist, or that god does, I'm just asking why one is an 'okay' belief, the other isn't.)

      Nope, bad TV is evil. Universal truth :)

      Perhaps, but whose definition of 'bad' do we use? Some people might not like mcneil-lehrer...but that doesn't make it bad tv....

      Methinks you are confusing complicated/confusing with deceptive.

      Not at all. Look at nature. Many things are not what they appear (just as in physics). Empirical evidence has often shown to be incorrect, yet was taken as universal truth for many years. You mentioned the self-correcting nature of science...you are correct if the sciences allow for the possiblility that they could be wrong, which many are not willing to do on either side of the 'is there a god' debate.

      What is a 'sexual intellectuals', please?

      First: please note I was applying the term to the OP and others like the OP, not to your rational, well spoken replies....
      a 'sexual intellectual' is a fucking know-it-all.

    29. Re:50 Million People Sure Can Be Wrong by untaken_name · · Score: 1

      You can't prove the non-existence of anything, there, Aristotle.

      Yeah, that was...um...my point. Glad you missed it.

      Can you prove that I am not God?

      No, but since my religion isn't based on doing so (as atheism is to the nonexistence of god), it doesn't matter. I'm agnostic. I'd be surprised if you turned out to be god, but then, life's full of surprises.

    30. Re:50 Million People Sure Can Be Wrong by untaken_name · · Score: 1

      As long as you are willing to admit that you are irrational and believe in things without a shred of evidence, how could we possibly argue with you?

      Boy, you're right. That's why it's too bad you don't know what agnostic means. I don't discount the possibility of some kind of creative force. The universe came from somewhere. However, I don't claim to understand, label, or know what it is. I just don't discount the possibility. It's as rational to me to believe in a bearded guy in the sky as to believe that everthing in existence sprung from nowhere. I could call that your 'magic appearing universe' theory if I wanted to be derogatory towards you.

      You more or less admit that you believe in your magic daddy for no reason other than lots of others do and it makes you all warm and fuzzy thinking about HIM.

      Actually, I stated very clearly that I did not know if there was indeed some form of god or not. I just don't think I know everything. Someday you might try comprehending what you read. It'll do wonders for you.

      Your claim that this thing you can't explain exists is no different from my claim that a "rkhgsl" exists.

      I'd equate it more closely with 'dark matter', 'quarks' and 'what happens in the heart of a black hole'. Those things we take on faith, yet you aren't deriding them. There's no difference, other than your opinion that taking some things on faith is okay, while taking other things on faith is not.

      It really doesn't mean anything. It's just nonsensical gibberish to everyone but you (since only you can really know what you believe in but can't explain).

      Actually, agnosticism is a very easy to understand concept, it is not gibberish unless you have no intelligence. You can understand something without agreeing with it.

      Personally, I would be kind of embarrassed to admit to believing in something about which I know absolutely nothing.

      Apparently not, as you obviously don't know anything about my beliefs, yet you had no problem spouting off about them.

      Feel free to believe in anything you want.

      Let me say this so you will understand it: I'm about to be very sarcastic.

      Thanks for your permission. Dipshit.

      We may make fun of your silly beliefs, but we would never persecute you for them or kill you for them as the Catholic church used to do to non-believers.

      You don't even understand my beliefs, so how would you making fun of them matter? Agnostics aren't noted for Inquisitions. I realize you're too stupid to understand this, but agnostic does not equal catholic.

      Frankly I find your creation tales rather uninteresting though.

      I do too, since I don't have any. I'm agnostic. Dumbass.

      I prefer the idea that the universe rests on the back of a giant turtle who then rests on the back of another giant turtle...

      At least I don't have *any* creation tales. If I did, I certainly wouldn't rip them off. You're not only stupid, you're unoriginal as well.

  44. Lost Jobs by javakev · · Score: 1

    The Direct Marketer's claims of lost the jobs is very hollow. A large numbewr of those jobs reside overseas for the lower wages and increased profits. So, the jobs would have been lost as these telemarketer's would have slowly moved these jobs to places overseas anyway.

    1. Re:Lost jobs by Anonymous Coward · · Score: 0

      The difference is that spam is generated by a computer and can be completely automated. One person could theoretically send out every piece of spam in the world. Without the use of automated dialers and recorded messages, the same CANNOT be said for telemarketers. SPAM is also less directed and contains a lot more adult-oriented content. You'll never have your child pick up a phone and hear someone on the other end ask them if they want to increase their penis size.

      I'm all for outlawing the use of automated dialers and voice recordings for telemarketing purposes because they do not employ people. I do not, however see the need to put people out of a job because of a slight inconvenience. It doesn't bother me to receive a phone call from a person trying to sell me something because I know they are simply doing their job... as inconvenient as it may be. If it was that bad, I could always ignore the phone, hang up, or ask to be placed on their do not call list.

      I also fail to see how someone calling you infringes on your right to privacy. You pick up a damn phone, not give you your social security number or tell them that you enjoy looking at porn on the net.

    2. Re:Lost jobs by Synn · · Score: 1

      It infringes on my right to privacy in the same manner my sitting outside your home with a bullhorn announcing the benefits of a product X, Y or Z would infringe on your privacy.

      Sure I could not answer the phone and you could just wear ear plugs in the above situation. But the point is, you or I shouldn't have to. Our homes are our refuge from business and the day to day crap that goes on in the world. A telemarketing call infringes on that.

    3. Re:Lost jobs by EastCoastSurfer · · Score: 1

      It infringes on my right to privacy in the same manner my sitting outside your home with a bullhorn announcing the benefits of a product X, Y or Z would infringe on your privacy.

      So what's next? Outlaw the icecream man?

    4. Re:Lost jobs by Anonymous Coward · · Score: 0

      Ah yes, "The Way Things Ought To Be". Sure is fun to talk about it, and those surge of emotions definately feels great, but when you come right down to it it's all just venting, right?

    5. Re:Lost jobs by Sylver+Dragon · · Score: 1

      Sometimes, I wish they would. During one weekend this summer I and a few friends had a BBQ at a local park. And the entire time we were there, there was an ice cream truck sitting in the parking lot blaring that high pitched, poorly sythesized music. By the end of the day, I was getting to the point that I was considering ripping the speaker off the truck and beating the driver severly about the head and sholders with it. Now granted, the park is a public place, but what he was doing really seemed, to me, to verge on creating a public nusciance.
      I view telemarketers in the same way, they are creating a public nusciance. Moreover they are doing it in my house, knowingly. The ice cream driver I can forgive, it was a public venue. But the telemarketer is doing it in my house. They know, when they place that call, that the phone isn someone's house is going to be ringing, in fact, that is the whole point, to get to people in their homes. That is the great thing about this bill, it does not outlaw telemarketing, if anything it legitimizes it. This bill simply says that, I am now able to tell the telemarketers that I do not want them reaching into my home to distrub me. Its kinda like the Do Not Disturb sign on a hotel door, its a way of saying I don't want your services, please go away. This doesn't infringe on the rights of the telemarketers in any way, it is not stopping them from selling their wares, it simply lets me control whether or not they can sell their wares inside my house.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    6. Re:Lost jobs by Darren+Winsper · · Score: 1

      In the UK, I can't help but wonder if the ice cream man actually breaks noise pollution laws...

    7. Re:Lost jobs by LineNoiz · · Score: 1

      So what's next? Outlaw the icecream man?

      Yes, please.

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
  45. Whoops. FTC not FCC by BoomerSooner · · Score: 1

    I wonder why the FCC didn't do it?

    Where are all the Texas trolls? I haven't heard anything since September 13th or so. Saved me loads on my OU Texas tickets.

    1. Re:Whoops. FTC not FCC by nebaz · · Score: 2, Insightful

      This would be the same FCC that voted for media consolidation? I think that the current makeup of the FCC favors corporations over individuals, and would probably not advocate creating a do-not-call list in the first place.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    2. Re:Whoops. FTC not FCC by Anonymous Coward · · Score: 0

      I think that the current makeup of the FCC favors corporations over individuals...

      Sorry to burst your bubble, but that's the way all the regulatory bodies have always been. Why do you think the Congressmen who also favored corporations over individuals set them up in the first place? I'm happy you've finally noticed them making some decisions you don't like, but blaming it all on the "current makeup" tells me you have a lot more to learn about how regulatory bodies work than you think.

    3. Re:Whoops. FTC not FCC by Anonymous Coward · · Score: 0

      Most of these regulatory agencies were set up during the New Deal and were certainly not considered corporate-friendly at the time.

  46. Horrible quote by hopemafia · · Score: 1

    "Fifty million Americans can't be wrong"

    It is statements like that that show what bozos we have in public office. Fifty million Americans are wrong on a daily basis, and simply the fact that lots of people agree doesn't make something right. We need leaders in office, not sheep.

    Qualifier: I am an American, and in favor of the do not call list, and Congress doing what it takes to get it to take effect.

    --
    If God had had a computer it would have taken him 7 months to create the earth...if he even bothered to do it at all.
    1. Re:Horrible quote by MCZapf · · Score: 1
      We need leaders in office, not sheep.
      Be careful what you wish for. A bold, uncompromising "leader" is no good if he is going the wrong direction and won't listen to suggestions to turn around. I am NOT alluding to anyone in particular.
    2. Re:Horrible quote by Anonymous Coward · · Score: 0

      I am NOT alluding to anyone in particular.

      Well I am : George W. Bush, Tony Blair, Jose Maria Aznar, Silvio Berlusconi... And now these bloodied fucks want other countries to pay for their war games. All they deserve are bitchslaps.

  47. TROLL by Anonymous Coward · · Score: 0

    stop feeding, people.

  48. Fifty million Americans by Nexus+Seven · · Score: 1

    Fifty million Americans can't be wrong

    I'm on the list, and I'm not an American - I'm a British expat.

    I guess that makes 49,999,999 Americans.

    1. Re:Fifty million Americans by El · · Score: 1

      No, you're an American. The majority of Americans are also British ex-patriots, if you trace their family tree back far enough...

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    2. Re:Fifty million Americans by brj · · Score: 1
      I'm on the list, and I'm not an American - I'm a British expat. I guess that makes 49,999,999 Americans.

      I have two phone numbers on the list.

      I guess that makes 49,999,998 Americans.

  49. The Legislative Branch by NDPTAL85 · · Score: 0, Flamebait

    1. The House (along with the Senate) writes the Federal laws of our nation. So if they write the law and its constitutional then whats your problem? If Congress wants to give the FTC more authority then whats it to you?
    2. The Telemarketing industry consists of scum. I don't care if there are millions of scumbags. A scumbag is a scumbag. GOOD RIDDANCE to the lot of them!
    3. There are SO many OTHER ways to sell a product. Harrasing people in THEIR OWN HOMES is NOT THE ONLY WAY.
    4. Believe it or not, Congressmen are people too. Ever stop to think maybe the senators and represenatives themselves are tired of telemarketers calling their homes and bothering their families?

    --
    Mac OS X and Windows XP working side by side to fight back the night.
  50. fuck you by Anonymous Coward · · Score: 0

    you slimeball marketer.

  51. jobs lost? i don't think so. by klocwerk · · Score: 1

    look at it this way.
    the people out there who have bought stuff from telemarketers in the past aren't likely to sign up on the do not call list, just the rest of us who slam the phone down on em.

    Basically, the people not on the list are now self selected to be the ones likely to buy something. this will push UP the percentage of calls that generate a sale, increasing revenues for telemarketing companies.

    I think it's a win/win situation.

    --

    "You worthless post!"
    -Shakespeare, 2 Gentlemen of Verona, 1. 1. 147
  52. Unfortunately... by Aidtopia · · Score: 1

    Ring.

    "Hi, my name is Bill, and I'm calling on behalf of [one of the 412 representatives] to remind you to vote for [name of rep]. During his/her last term, he/she fought for your rights to eat dinner without the interruption of annoying commercial telemarketing calls. Of course, this call is exempt, since it's part of a political campaign."

    "How did you get my number?"

    "From the national Do-Not-Call list."

    1. Re:Unfortunately... by Paul+Neubauer · · Score: 1

      "Oh, yes, I WILL be sure to help [representative] out... OF OFFICE for this call!"

      --
      I don't subscribe to RMS's GNUtopian vision.
    2. Re:Unfortunately... by Anonymous Coward · · Score: 0

      I have been about 80% succesful avoiding repeat calls from politicians and charities.

      I first politly ask to be put on their do not call list. If that doesn't get a positive response (it usualy does) I inform them that I do not donate to a charity for a period of two years after each telephone solicitation. That helps. Change the script slightly for politicians.

  53. Now You Watch.. by devphaeton · · Score: 1

    If they successfully pass this, it will increase the amount of spam and paper junkmail that we are barraged with.

    I'm all for it. I get about 30-40 telemarketer calls a day at work. People trying to sell all kinds of crap, pump me for information, or generally just waste my time.

    Sometimes it's entertaining to mess with them (my boss advocates this) but other times, i don't have the desire to put up with any shit. Especially the bastards that call right when you hang up on them:

    "Hey! I think we got disconnected."

    "Yep, and it is gonna happen again" click

    "Why are you hanging up on me? I need to talk to your purchasing department about some incredible deals on copier equ-"

    "Say, tell me... What do you think about fisting and donkeysex?"

    "err.. uhhh. huh?"

    "You know, fisting... like burying your arm up to the elbow in a donkey's snatch. If you catch them while they are in heat, you can make a lifelong-"
    click

    It works sometimes (especially on chicks), but they always end up calling back.

    --


    do() || do_not(); // try();
  54. Quick... by Anonymous Coward · · Score: 1, Funny

    Someone needs to patent a do-not-call list and method so the american govt owes you $$$ for each person that signs up!!!

    er..

    1. create do not call list method
    2. patent said method
    3. sue the hell outta the govt
    4. get landed in jail for being a terrorist..// DOH

  55. Re:Lost Jobs : MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    MOD PARENT UP!!!

  56. The FTC has as much right to stop telemarketers... by Anonymous Coward · · Score: 0

    ...as the DEA has to stop pot smokers. Giving the government unlimited power always leads to ruin.

  57. Take charge of your own life by Anonymous Coward · · Score: 2, Interesting

    I think that this law is a bad one.

    If a citizen wants to choose to have a telephone hooked up to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.

    If you don't want strangers calling you and selling you things, there are several solutions to that problem that don't involve the government.

    You can have all phone calls with blocked numbers (the ones that telemarketers use) go into a special queue for screening. This is a service available to just about everybody with a phone. I don't see why the government has to solve this problem.

    I think that if you're too dumb to configure your phone to not take calls you don't want, that you deserve to get called at dinner time by a stranger selling discount vacations to Mexico.

    1. Re:Take charge of your own life by Steve+B · · Score: 1
      If a citizen wants to choose to have a telephone hooked up to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.
      If you don't want strangers calling you and selling you things, there are several solutions to that problem that don't involve the government.

      If a citizen wants to choose to have a house linked by roads to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.
      If you don't want strangers coming in and stealing your things, there are several solutions to that problem that don't involve the government.

      --
      /. If the government wants us to respect the law, it should set a better example.
    2. Re:Take charge of your own life by mike_mgo · · Score: 1
      If a citizen wants to choose to have a house linked by roads to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.

      This isn't the same thing at all, you do know that anyone can come up and knock on your door and try to sell you something and there is no law against this. Now you could put signs "Solicitors not Welcome" out to prevent this, but that's basically what the original poster said you can do by screening the calls.

      I don't know how you came to correlate interuptions of telemarketers with stealing.

    3. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      Some of us *DON'T* choose to have our phone numbers looked up by the rest of the world! I have *NOT* had a listed phone number in years yet I *STILL* get these phone calls. I have taken an *ACTIVE* role in trying to rid them, going so far as to *COMPLETELY* drop all land lines (I am 100% cellular), changing my number on numerous occasions, and telling various companies to fuck off.

      But you know what? I still get calls for shit I don't want. The last two years in a row, I've had a call from "Stone Cold Steve Austin" and "The Rock" telling me how important it is for me to buy Wreslemania on pay per view. Why the hell would I want to do that? How did I get on that list? And why the hell are they calling me on my CELL phone?

      No, I'm sorry. This is a damn good thing. Right now we *DO NOT* have a choice because there is NOTHING to stop telemarketers. This gives us a choice. We can choose wether we want to receive it or not. Nobody is forcing us to put our number s on that list, or take them of. It's ENTIRELY our choice. That's not a bad thing, that's how democracy should work, give us the options and we'll use them as apporpriate for us, the PEOPLE.

      Bryan

    4. Re:Take charge of your own life by JustAnotherReader · · Score: 1
      If a citizen wants to choose to have a telephone hooked up to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.

      Absolutly. And that goes for the people on BOTH ends of the telephone. Why is it up to ME to perform additional actions to keep myself from being bothered by these parasites? Especially when those processes have a possibility of blocking non-telemarketer calls. Have you ever tried to call somebody with a "no caller-id blocker" from a cell phone? Now the caller is inconvenienced because the person receiving the calls is trying to keep from having his home and privacy invaded.

      If you don't want strangers calling you and selling you things, there are several solutions to that problem that don't involve the government.

      And that's exactly what I'm doing. I'm putting my name on a do not call list to let the telemarketers know that I do not want them to call me.

      I think that if you're too dumb to configure your phone to not take calls you don't want, that you deserve to get called at dinner time by a stranger selling discount vacations to Mexico.

      And I think you're posting this as flamebait because no intelligent person could possibly think that this is a reasonable alternative. Do I still have to screen every call? Yes. Am I still interupted every evening? Yes. How is that better than simply telling the telemarketers that you're going to hang up on them so stop calling?

      Nobody is discussing the other side of this issue. The people who didn't get on the do not call list are the very people who the telemarketers want to talk to. By calling those of us who signed up the telemarketers are wasting their time and money. We hate them, they won't make any money off of us. But the people who did not sign up are people who have a higher sales probability. Those are the prime customers. If anything the sales percentage on the non-list-members will go up. Telemarketing will become a more profitable venture.

    5. Re:Take charge of your own life by American+AC+in+Paris · · Score: 1
      Why stop with phones? Since when do American property owners need the Government to hold their hand in managing their property?

      Property owners be solely responsible for owning a parcel of land that's completely connected to the rest of the world.

      If you don't want strangers walking across it, build a fence; if they climb the fence, put razor wire across the top. If you don't want people to stand at the perimiter of your yard with a bullhorn shouting the latest, greatest offers your credit card company has in store for you, build the wall out of thick, soundproof steel. If you don't want them lobbing promotional materials over the wall, put a roof on it. If you don't want them breaking through your gate to gain access, put a heavier lock on it. If you don't want them tunneling under the gate, build a deep steel foundation. If you don't want them using explosives to blast through your wall, build guard towers and buy automated turrets. It's not like this technology doesn't exist, and if you can afford land, you sure as hell can afford to take proper care of it.

      If you're not serious about protecting your land by your own initiative, or if you're too stupid to stay one step ahead of marauding Marketing Commandos, then you deserve what's coming to you.

      The very fact that we have trespassing laws makes me bristle with unbridled, meandering libertarian rage.

      --

      Obliteracy: Words with explosions

    6. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      If a citizen wants to choose to have a telephone hooked up to the entire rest of the world, then that citizen should accept the responsibilities that come along with that.

      Since when is answering annoying telemarketers calls a responsibility? That's your definition, not the rest of the civilized world. Hell, you make it sound like it's my duty to answer the calls. Fuck that shit and fuck your weird ideas, too.

    7. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      You do know that if you do that, I'll have you arrested for trespassing? (if you're lucky)

      I live out in the country, have lots of guns, a shovel, and several acres behind the house. Tell me again - do you really want to ignore my sign and disturb me?

    8. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      Your slogan "marauding Marketing Commandos" is quite mindless. There's a big difference between someone who violates your rights by using your property and someone who calls you on the phone just to talk.

    9. Re:Take charge of your own life by American+AC+in+Paris · · Score: 1

      What is that big difference?

      --

      Obliteracy: Words with explosions

    10. Re:Take charge of your own life by Steve+B · · Score: 2, Interesting
      Now you could put signs "Solicitors not Welcome" out to prevent this

      Yes, and now we can put the same sign on our phone lines.

      --
      /. If the government wants us to respect the law, it should set a better example.
    11. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      You could have put the same sign on your phone line a year ago by just calling your phone company and telling them to block all anonymous calls.

      This new law is just making more busy-work for the government. I don't want my tax dollars paying for things that people can already easily do for themselves.

    12. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      Hate to break your black & white view of the world, but not all anonymous calls are telemarketers. In fact, a lot of telemarketer calls simply say "OUT OF AREA". Could be Aunt Ruth from Toledo, could be a telemarketer from New York, who knows?

    13. Re:Take charge of your own life by Anonymous Coward · · Score: 0

      No, actually that's not how it works. Would you please do at least 3 minutes of research into a topic before you start ranting publicly about it?

      "Out of area" calls are not labeled as "blocked" or "anonymous". Unless your Aunt Ruth from Toledo has gone to lengths to block her number from being read by caller ID machines, then you won't miss her call.

  58. Actual Bill's Text by schnarff · · Score: 2, Informative

    In case anyone's interested, the actual text of the bill that was just passed is here.

    1. Re:Actual Bill's Text by LostCluster · · Score: 1

      Nice to see a bill with no irrelavant spending provisions. That's such a throwback to simpler times.

    2. Re:Actual Bill's Text by Misch · · Score: 2, Insightful

      Sorry, try again.

      thomas.loc.gov searches are time based. Results expire quickly. You need to find a more permanent link (house)

      The text of the bill can be found here (House, PDF). Or here (Senate, PDF)

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    3. Re:Actual Bill's Text by schnarff · · Score: 1

      I was unaware of that. Thanks for the updated links.

      Everyone, mod this guy up so the proper links are visible!

  59. If I was trying to advertise, by ImNotThatSmart · · Score: 0

    I'd pay alot of money for that Do-Not-Call list.

  60. most ironic quote ev-errrrr by untaken_name · · Score: 2, Interesting

    "Fifty million Americans can't be wrong."

    That's funny, I seem to remember the US government putting out a PSA saying 'only 20% of americans smoke weed.' Well, if we have around 300 mil americans, that means around 60 mil weed smokers, right? Yet I don't see congress saying that those 60 million americans aren't wrong. Not that more proof of government hypocrisy was needed, but there it is anyway.

    1. Re:most ironic quote ev-errrrr by /dev/trash · · Score: 1

      yeah but it's the 240 million that don't want pot around that are right.

    2. Re:most ironic quote ev-errrrr by untaken_name · · Score: 1

      yeah but it's the 240 million that don't want pot around that are right.

      What about the 250 million that didn't sign up for the DNC list? My point was based upon the quote, and its obvious lack of application in our society.
      I would also submit that to choose not to use drugs is in no way a statement that you do not want them around. Just to be nitpicky.

    3. Re:most ironic quote ev-errrrr by cyt0plas · · Score: 1

      They only quoted half the quote. The _real_ quote is "Fifty million Americans can't be wrong, as long as they agree with us".

      --
      Contact Me (got tired of viruses emailing me).
  61. Powerless people? by StellarEX · · Score: 1

    Isn't the government supposed to do what the people who elect them want? I know people can feel powerless, but that doesn't mean we should just let the big dogs make our decisions for us. I'm glad to see that the officials are listening to the people rather than telemarketing lobbyists. This bill getting as far as it has shown that the people still have a voice. If you want to change something, just holler loud enough and with enough people behind you. That is something that money will never be able to take away.

  62. The Real Outcome by billtom · · Score: 3, Insightful


    The real outcome of this is that the direct marketing industry will realize that they don't spend nearly enough money on Washington lobbyists and campaign contributions (like the tech industry realized after they started getting beaten up by the hill).

    Expect a significant increase in spending by the direct marketing industry on lobbyists and campaign contributions. Then, a few years from now, expect several new bills expanding the list of exemptions to the do-not-call list.

    1. Re:The Real Outcome by Uhlek · · Score: 1

      Unfortunately, there are two distinct exemptions already in place that will, over the next two years or so, make the do-not-call list irrelevant.

      The first is the pre-existing business relationship clause. Businesses that have nothing to do with telemarketing now will up the ante and start to offer their customers "value-added services" for an additional fee. This will most likely occur with many smaller online retailers and providers of various online services (read: pr0n sites).

      The second is the fact that the do-not-call list only affects calls originating in the United States. The move of telemarketing jobs to lower-paying foreign labor has already started, this will merely accellerate the process until the only way to stop a telemarketer is for us to invade their country.

    2. Re:The Real Outcome by Steve+B · · Score: 1
      this will merely accellerate the process until the only way to stop a telemarketer is for us to invade their country

      Hey, Dubya's down with that....

      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:The Real Outcome by shaldannon · · Score: 1

      I'm not so sure about possible repeals. The thing that made Congress act so quickly (and so unanimously) was their own distaste for telemarketing. Politicians are people too, and don't like being interrupted at dinner with an "informational offer" any more than the rest of us do. What I do expect is to see the 8 who voted against this bill crucified by their opponents in the next election.

      --


      What is your Slash Rating?
    4. Re:The Real Outcome by kremlar · · Score: 1

      The first is the pre-existing business relationship clause. If you tell them not to call, they can't call otherwise they incur the same penalties as before. So they call you asking how you like your new subscription of Hot Sex Weekly and asking about interest in any of their other fine wares and you tell them to piss off, simple as that. The second is the fact that the do-not-call list only affects calls originating in the United States It affects all companies within the US, so if telemarketers in tibet are calling at your behest, you're responsible for paying all fees.

  63. 50 Million Americans Can't Be Wrong? by SpaceRook · · Score: 1

    Let's see...there are about 280 million people in America (my country, FYI). 69% of them believe Iraq had some role in 9/11. 0.69*280,000,000 = 193.2 million.

    Do I need to go any further in explaining the relative "worth" of popular opinion in this country?

    1. Re:50 Million Americans Can't Be Wrong? by Anonymous Coward · · Score: 0

      Speaking of Americans and percentages/popular opinions. 50 Million Americans Can't Be Wrong, oh yes they can!

      Only 55% of Americans know that the sun is a star.

      Percentage of Americans that read their horoscopes regularly: 53

      Percentage of Americans that are functionally illiterate: 22

      Percentage of Americans that regularly go to a shrink: 15

      Percentage of Americans who believe in ESP: 49

      Percentage of people who pee in the shower: 45.2

      Percentage of people who pee in the ocean: 44.9

      Number of people who voted for a dead gubernatorial candidate: 1.28 million

      Number of voters classified as legally insane: 8,343

      Percentage of Americans who can name one of the Supremes: 65

      38% of people support posting the 10 Commandments in schools

    2. Re:50 Million Americans Can't Be Wrong? by dentar · · Score: 1


      Percentage of Americans that regularly go to a shrink: 15 ...and that's "wrong?"

      --
      -- I am. Therefore, I think!
  64. Wouldn't it be nice... by BJZQ8 · · Score: 1

    Wouldn't it be nice if Congress could repeal the DMCA in one day...or perhaps lay the smack down on the RIAA/MPAA in one day...?

  65. Eh? by LadyLucky · · Score: 0
    Votes to overturn the judge's order are expected mid-afternoon in both chambers, according to Republican leadership aides

    Eh? In what kind of democracy can the government overturn a judge's ruling? I thought it was up to the legislative branch to make the laws, and the judicial branch to implement them. Am I missing something here??? Why doesn't this bother anyone else?

    --
    dominionrd.blogspot.com - Restaurants on
    1. Re:Eh? by MCZapf · · Score: 1
      Congress didn't vote directly to overrule the decision. They can't do that. But they did vote to change the law that the decision was based on.

      In fact, I think the judge's decision was something like, "The FTC can't enforce this list unless Congress gives them the authority." Well, Congress just gave them the authority!

    2. Re:Eh? by TheShadow · · Score: 1

      They are not overturning a ruling. They are simply passing a law granting the FTC power that the judge ruled they didn't have based on current laws.

      And it's the Executive branch that "implements" or, more correctly, enforces the laws. The judicial branch interprets laws. In this case, their interpretation was the the FTC didn't posses the authority to create the do-not-call list.

      --

      --
      "What do you want me to do? Whack a guy? Off a guy? Whack off a guy? Cause I'm married."
    3. Re:Eh? by LadyLucky · · Score: 1

      OK, I get it. Perhaps a case of RTFA? :-)

      --
      dominionrd.blogspot.com - Restaurants on
  66. Now if someone would post... by docbrown42 · · Score: 1

    ...the home phone nubmers of the 8 who voted against the bill, we'd be all set to show them what a mistake they made. Call THEM during dinner, I say!

    What happens when a phone is /.'ed?

    --
    Ed Wedig
    Graphic design services
    docbrown.net
    1. Re:Now if someone would post... by herrvinny · · Score: 1

      Obviously, we post a mirror to their work/cell/etc

    2. Re:Now if someone would post... by shaldannon · · Score: 1

      Someone posted it on this thread. What would be worse is if everyone called them at 3 am soliciting money for the "fund for the betterment of [insert unemployed person's name here]". Be prepared with your paypal number just in case they really want to donate.

      --


      What is your Slash Rating?
  67. 50 million americans by Anonymous Coward · · Score: 0

    have successfully been distracted by a smoke and mirrors campaign.

    i'll turn my phone off during dinner mr. congressman, you get back to welfare/healthcare/education/taxation/campaign finance/... reform.

  68. Lost jobs by Synn · · Score: 4, Insightful

    Well then, just post your email address and I'll sign you up to make sure a lot of spammers can put food on the table.

    Frankly, another person's right to earn a living ends when it invades on my right to privacy.

  69. So many exceptions to the rule by idamaybrown · · Score: 1

    I don't know how much difference this is really going to make. Political campaigns, charities, ANY organization that you have done any prior business with are exempt.

  70. Dear DMA, by Trailer+Trash · · Score: 1

    Dear DMA,

    FUCK YOU.

    Yours truly,
    Michael

    1. Re:Dear DMA, by Steve+B · · Score: 1
      Dear DMA,
      FUCK YOU.

      Oh, the DMA has already done that to themselves, by launching a legal attack that has had no effect other than to generate an enormous amount of publicity for the Do Not Call list.

      --
      /. If the government wants us to respect the law, it should set a better example.
  71. Finally, success in the war on terror by kaltkalt · · Score: 4, Funny

    The DMA, our worst domestic terror organization, has finally been stifled thanks to the bipartisan efforts of congress. Hopefully its 5,000 members can now be captured, tarred and feather, and executed. We truly are winning the war on terror.

    --

    Stupid people make stupid things profitable.
  72. kinda funny story by bobKali · · Score: 1

    I heard on the radio this morning. Seems that some telemarketing firm in Baton Rouge was getting sprayed for cockroaches.... and about 60 of their employees got sick from the fumes and had to be evacuated.

    Coincidence?

  73. Interesting, but irrelevant by msobkow · · Score: 1

    How many alcohol distillers were put out of business during prohibition?

    How many dealers and wait staff were put out of business in states that banned gambling?

    I think you get the drift that when an industry is made illegal, it will obviously force those working in the industry to find a new career. What's next -- do we ban further research into alternate-energy sources because it will put a bunch of pipeline welders and gas-station attendants out of work?

    --
    I do not fail; I succeed at finding out what does not work.
  74. ex-techies/telemarketers by Anonymous Coward · · Score: 0

    What will all those 6 million ex-techies who became telemarketers after the boom do for a living now?

  75. You're wrong by Anonymous Coward · · Score: 0

    Make that 50,456,169.

    GW Bush is the choice of 18% of the population. Talk about political representation, fools.

    1. Re:You're wrong by Total_Wimp · · Score: 1

      "Unless it's harassment, you're wrong. You have every right to speak to someone who doesn't want to listen."

      Seriously, think about what you're saying. It sounds like you're saying that you have a constitutional right to speak to someone who is actively trying to avoid listening to you. I would think that's the very definition of harassment.

      Furthermore, I would think that's basically what the Do Not Call list is attempting to do; give relief to people who feel harassed.

    2. Re:You're wrong by CaptainSuperBoy · · Score: 1

      Well that's why I said "unless it's harassment." Is a protest harassment? There are plenty of people who don't want to hear that, but it is not considered harassment. Can you stand on the street and tell people the world is ending? Of course you can.

    3. Re:You're wrong by Copid · · Score: 1

      Of course you can, but can you repeatedly ring somebody's doorbell in protest to convince them of your political views, even when you know that they don't want to hear from you? Trespassing laws aside, that's harassment. All the DNC list is is a list of people who *don't want ot hear from you*. There's a big difference between expressing your views in a public place and taking them straight to me in my home when all I want is for you to leave me alone.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  76. Re:"Fifty million Americans can't be wrong." by Anonymous Coward · · Score: 0
    Fifty million Americans can't be wrong.

    Yeah, right ! Of course, they can !

    200 million (66%) americans believe Saddam Hussein was involved in the 9/11 attacks

    100 million (40%) believe the Universe was created as described in the Bible

    75 million (25%) believe Elvis is alive

    etc, etc

  77. oh please by Tumbleweed · · Score: 1

    > If there was a question as to whether or not Congress granted the FTC sufficient authority to create such a list, enforcement of it certainly should be suspended until the matter is resolved.

    You know, there's something to be said about enforcing the 'letter of the law,' but what this country really lacks is understanding of 'spirit of the law.' In fact, this country's judicial system has about NONE of that, it seems. Judge Moron, err, sorry, West, seems to have an IQ of 0 when it comes to common sense.
    Oh for judicial review of this guy's rulings...

    1. Re:oh please by Elwood+P+Dowd · · Score: 1

      I really don't know about that. Congress explicitly gave the FCC the authority to create a do not call list. They declined, and the FTC did it instead.

      These things are important. I imagine the FTC felt they should get involved because fraud is frequently carried out via telemarketting, so it makes sense that the DNC list would help their jobs. However, these distinctions are important. The process went exactly the way it should have:

      1) Judge says, "You can't do that. Congress never said you could do that."
      2) Congress says, "No, it's fine, they can do it."

      Problem solved.

      --

      There are no trails. There are no trees out here.
    2. Re:oh please by workindev · · Score: 1

      Wrong. A judges responsibility is to interpret the strict letter of the law, and he did that. The system is set up (as the parent pointed out), with checks and balances to ensure that no single branch of the Government has too much power. In this case, it worked the way it was supposed to. It didn't matter if 50,000,000 people signed up on the list if the Executive Branch (the FTC) had not been granted the power to enforce the law by the Legislative branch.

      Today, the system has worked as it should once again. The Legislative branch realized that the majority of constituents that they represent wanted this law and so they voted it in.

      I think this is a perfect example of why our system works so well. Sure, there will always be people who disagree politically with those who are in charge, but the ultimate power is granted by the people.

      The argument that the Judge should have had "common sense" and granted this power without the legislatures permission is very dangerous. Can you imagine the trouble that we would be in if every judge started to interpret the law based on what they thought the "spirit" of the law was rather than the concrete, strict letter? "Your Honor, I know the law says that I'm not supposed to run red lights, but the spirit of the law is to avoid accidents, and because I didn't get into an accident I didn't violate the spirit of the law..."

    3. Re:oh please by Anonymous Coward · · Score: 0

      Can you imagine the trouble that we would be in if every judge started to interpret the law based on what they thought the "spirit" of the law was rather than the concrete, strict letter? "Your Honor, I know the law says that I'm not supposed to run red lights, but the spirit of the law is to avoid accidents, and because I didn't get into an accident I didn't violate the spirit of the law..."

      That's just the point. The courts have been doing that for years with the Constitution and for the most part have fucked the system up royally. You sound like a strict constructionist, but I'd bet my next paycheck you're not.

  78. Go Billy Tauzin -funny quote by splatter · · Score: 1

    "We should probably call the bill 'This Time We Really Mean It Act'"

    I don't normally agree with Tauzin, but I just love the fact that the house put the smack down on the judges decision. Hopefully he will be smart and realize his carrier is toast if he continues this. Next stop the Senate and Pres desk.

    DP

    --
    "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
  79. An Importand Industry? by blunte · · Score: 1

    You must be joking.

    Telemarketers exist, mostly, to reach into people's homes and harass them until they spend money on something they don't need.

    Let me put forth a simple analogy.

    Lemons are sold in my local grocery stores, of which there exist 5 or more within a 5 mile radius of my home. If I want lemons, I don't have much trouble finding and purchasing them.

    Now along comes entrepreneur Bob. Bob realizes that by utilizing technology, and by sprinkling in some tough selling or irritant selling, he can steal marketshare away from my local grocery stores and sell the lemons himself.

    Bob contracts out this cold calling of lemon pushers to bother me every few days. He probably does indeed sell some lemons, and probably at the expense of the local grocery stores.

    In the end, all Bob has done is take money from the grocery stores and bother me at home.

    So in other words, this industry exists only at a really shitty alternative to other methods of selling.

    I cannot think of anything in my life that I have happily purchased from a telemarketer that cold-called me. I've given money to some charities that called me, but I have since stopped that since I learned that many use a shrink-wrapped telemarketing service that skims (or lops) 70% off the top for itself.

    I now give my money to Heifer International, and I do it on my terms.

    Telemarkers are worthless and unneeded in our modern, connected country.

    As an aside, I think I should invent a cheap little phone device that you plug into your phone line, enter an 800 number of a company who telemarkets, and repeatedly calls them and puts them on hold. Perhaps if everyone who bought a TeleZapper bought one of my TeleBuster gadgets, the tables would be turned (in a most amusing way).

    --
    .sigs are for post^Hers.
  80. Telemarketers didn't have a clue... by silentbozo · · Score: 1

    It's pretty clear that the politicians and the political parties are relying on passage of the Do Not Call list as one of their accomplishments to trump for the upcoming election season. They probably already had pre-written speeches and events planned for next week when the FTC list went into effect. Having a bought judge derail that probably pissed off a very large number of party handlers, especially when they already made clear to the telemarketing industry that this was a dead issue.

  81. But but but... by Anonymous Coward · · Score: 0

    "I thought money bought votes! I thought politicians didn't listen to regular people! I thought corporations were in charge!"

    Anyone who doesn't believe the VOTERS are in charge need look no further than this and the California Recall.

  82. One more point against libertarians by cryptochrome · · Score: 2, Insightful

    Well then, I think we can add this to the Non-Libertarian FAQ. Which incidentally is the first thing on google that shows up when you search for "libertarian faq". I guess that probably means there are less Libertarians than there are people out there who are extremely annoyed by them.

    --

    ---If you can't trust a nerd, who can you trust?

    1. Re:One more point against libertarians by Anonymous Coward · · Score: 0

      hahaha

      because SO MANY PEOPLE search for "libertarian faq"

      Dick.

    2. Re:One more point against libertarians by Anonymous Coward · · Score: 0
      Let's be honest, a libertarian FAQ would look like:
      1. Do Libertarians bel...
        Life sucks. Get over it!
      2. No, wait, let me finish, is it a policy of the LP tha...
        That's too bad. Get over it!
      3. Let me finish. Is Libertarianism based up...
        The government shouldn't be involved in that. Get over it.
      4. No, that doesn't answer the que
        That's just too bad. Get over it.
      5. Will you let me finish, I want to kno...
        Get over it. That's just too bad
      (Continued, ad-nausium...)
      A "libertarian FAQ" just wouldn't be that useful.
    3. Re:One more point against libertarians by Mark+Bainter · · Score: 2, Insightful

      Hrm. For some reason I think I knew this was out there, but oddly enough I'd never read it.

      I did now. And I have to say, while I'm sure the author means well, his FAQ is pretty much worthless. I'm sure he believes everything in there, and to some extent it probably reflects his experience, but that hardly makes it "right".

      The problem libertarinism has is the people who make it up. Like most parties, they have a core, and then they have a fringe. Only in the libertarian party, there are actually more (and generally more visible) people on the fringe than at their core.

      So the people you meet and see, and who generally represent 'libertarians' in your mind, do not reflect the core. Nor do their views necessarily coincide with it.

      Libertarians is not Anarchism, Objectivism, Capitalism or Anarcho-Capitalism, yet the people who follow those doctrines see libertarianism as the closest electable (i use that term loosely) option for them. Same for some single-issue people who see libertarians as the only ones willing to do things like eliminate the drug war.

      So you meet people who proselytize for libertarianism, but who when explaining their position on things take an anarcho-capitalist viewpoint and you get the wrong idea of what libertarianism is. Unfortunately, some of those fractured groups actually have /party/ representation as well, which makes the party itself splintered and divided on the inside. These things keep them from being able to be successful.

      Things like this FAQ don't help. It hits the actual principles of libertarianism in only a couple places, and does a lot of responding to lame arguments that the supports who probably understand what they think they believe the least.

      That's like saying that linux sucks by responding to some AC on /. posting that "everyone should run redhat because MS is the antichrist, and its board of directors makes up the entirety of the illuminati and controls all the world governments. Use linux for freedom!" or whatever. That guy would hardly represent linux, and sure as hell isn't doing it well.

      Myself, I'm a classical liberal. I don't particularly like libertarians because of what I listed above. But they are currently our best hope, IF and ONLY IF the core gets big enough that the all those other philosophies get pushed down enough to actually be the fringe. But as it stands, they look to be taking over the party. Which leaves us with liberals, moderates, and nobody actually defending our freedom, because the only party with a real chance of doing good for us is being torn down from within.

      Cute.

      --
      "No nation could preserve its freedom in the midst of continual warfare."
      --James Madison
  83. Re:Democracy MOD PARENT UP by Stubtify · · Score: 1

    Jeebus I wish I had mod points right now.

  84. Only 80% of Americans believe in me? by MacFury · · Score: 1

    Only 80% of Americans believe in me?

  85. Telemarketers Can Go To Hell? by roccothegreat · · Score: 1

    I think you were called so much because of all them porn sites you visited and gave your information out to get free passwords. Dont be mad at the "tele" for your mistake!

  86. I don't want to hear Telemarketers job loss story. by zymano · · Score: 1

    Don't let these people try to get your sympathy about job losses. There are deeper problems in this country if telemarketting is the only growth industry.

  87. The telemarketers have a point by ShieldWolf · · Score: 1

    Don't get me wrong I hate receiving calls as much as the next guy, but their argument is that the U.S. Congress over-reached when they made exceptions for political calls and charities in the do-not-call list.

    How come the Republican party can call me, but Sears can't?

    I think _NEITHER_ should be able to if I ask, but if you tie the two together there is no way in hell Congress would vote for that.

    --
    just = (My)Opinion.toCents();
    1. Re:The telemarketers have a point by Anonymous Coward · · Score: 0

      1/2 a loaf is better than none, in this case, much better.

    2. Re:The telemarketers have a point by vidarh · · Score: 2, Insightful
      One argument would be that the Republican party wouldn't be carrying out commercial speech by calling you - commercial speech has much less protection than other speech. This is a long standing doctrine in US constitutional law.

      Denying political speech would essentially set the bill up for a potential legal challenge on first ammendment basis that would be much tougher to defend it from than a bill that restricts only commercial speech.

    3. Re:The telemarketers have a point by hopemafia · · Score: 2, Insightful

      "How come the Republican party can call me, but Sears can't?"

      Because you can vote the Republicans out of office, but you can't vote Sears out of business.

      --
      If God had had a computer it would have taken him 7 months to create the earth...if he even bothered to do it at all.
    4. Re:The telemarketers have a point by cyt0plas · · Score: 1

      SSH! Next thing you know, Ashcroft will be trying to get political speech declared commercial, so as to deny it constitutional protection... Oh wait, we don't have that anyway.

      --
      Contact Me (got tired of viruses emailing me).
  88. Old Joke by Anonymous Coward · · Score: 0

    hehehe, reminds me of an old joke:

    What do the Do Not Call List and CmdrTaco have in common:

    Nothing! The Do Not Call list is not a flaming fucking homosexual.

  89. Yeah, right... by EvanED · · Score: 1

    Because we all know that people let the issue of not being annoyed by telemarketers trumps less important ones such as abortion, the degree of environmental protection, the merits and demertis of social security and medicare and other welfare programs, etc.

    1. Re:Yeah, right... by hesiod · · Score: 1

      > people let the issue of not being annoyed by telemarketers trumps less important ones[...]

      Unfortunately, there are some who do...

  90. The eight who voted against the bill were by bigjnsa500 · · Score: 3, Informative

    Ron Paul, R-Texas - 202-225-2831
    Jeff Flake, R-Ariz. - 202-225-2635
    Kendrick Meek, D-Fla. - 202-225-4506
    Tim Ryan, D-Ohio - 202-225-5261
    Ted Strickland, D-Ohio - 202-225-5705
    Lee Terry, R-Neb. - 202-225-4155
    Rob Bishop, R-Utah - 202-225-0453
    Chris Cannon, R-Utah. - 202-225-7751

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
    1. Re:The eight who voted against the bill were by silverbax · · Score: 1

      To the autodialer!

    2. Re:The eight who voted against the bill were by bigjnsa500 · · Score: 1

      Dude, I need to find one of those automated Homer-fied dialing machines.

      --
      This is a test. This is a test of the emergency sig system. This has been only a test.
    3. Re:The eight who voted against the bill were by serutan · · Score: 1

      "In my judgment I can tolerate the inconvenience of an unwanted phone call, but I cannot tolerate job loss," said Rep. Ted Strickland, D-Ohio, who voted against the bill. "Job loss in my district is devastating."

      If anybody wants to start a fund to hire people in Ohio to call Rep. Ted Strickland every 15 minutes, I hereby pledge $10/month for a year. With 999 other people contributing, we could provide cushy $40k/year jobs for 3 people working 8-hour shifts. I'm sure Ted wouldn't mind the inconvenience.

      Yeah I know autodialers are cheaper, but not as funny.

    4. Re:The eight who voted against the bill were by Anonymous Coward · · Score: 0

      Here is the judge's info

      District Judge Edward W. Nottingham
      United States District Court
      U.S. Court House
      901 - 19th St.
      Denver, CO 80294-3589

      Phone: 303.844.5018
      Fax: 303.335.2155
      E-mail: nottingham_chambers@cod.uscourt.gov
      Docket:Law School

  91. 50 million Americans can't be wrong? by Phoenix666 · · Score: 1

    There are 10 million more than that who admit to file sharing, and probably twice that who actually do but won't admit it. So why is it that the telemarketers are instantly smacked down in an afternoon in congress, but the RIAA has not been seriously rebuked once in five years of legal intimidation and planned erosion of our civil liberties? Not once! We got a weak, 'gee, maybe you are being a little heavy handed in suing children for hundreds of thousands of dollars' a couple weeks ago, but no action. None.

    If the congressmen think they could get hanged over this one, think what will happen when file-sharers ever get off their butts and vote accordingly.

    --
    Do what you can, with what you have, where you are.
  92. Amazing! by ivanmarsh · · Score: 1

    People are more pissed at telemarketeers than they are with a government that just proved that if they want to get something done they can act quickly rather than dragging their feet as usual.

  93. Sure, I'm questioning something. by Thinkit3 · · Score: 1

    Perhaps cynicism is not the only motivation that exists?

    --
    -Libertarian secular transhumanist
  94. great news by Suppafly · · Score: 1

    "Fifty million Americans can't be wrong."

    Now if they'd just decriminalize filesharing using the same logic.

  95. Quote of the Year by FuzzyBad-Mofo · · Score: 2, Interesting

    "This legislation got to the House floor faster than a consumer can hang up on a telemarketer at dinnertime"

    Even as I post this comment, my phone is ringing yet again.
    Caller ID says: Unavailable

    Fifth telemarketing call today, and it's not even 3PM. In the last few months, the calls have gotten much more frequent. They call from 9:30 AM until 9:30 PM, making at least 10 calls daily. I guess it's a last ditch effort before the DNC list goes into effect.

    1. Re:Quote of the Year by LordKronos · · Score: 1

      In the last few months, the calls have gotten much more frequent...I guess it's a last ditch effort before the DNC list goes into effect.

      That's what I was expecting to happen too, but to my surprise my number of telemarketing calls has decreased significantly in the last 3-4 weeks. I used to come home at lunch time to find 3-4 "Out of Area" calls on the caller ID. Now, most days the caller ID is empty when I get home. I guess some of the telemarketers must be implementing things early to make sure they are totally in compliance by Oct 1.

  96. From Ken Meek's website... by southpolesammy · · Score: 1

    "...on the verge of becoming a national figure."

    He has no idea how true this is.

    --
    Rule #1 -- Politics always trumps technology.
  97. 50,000,000 Americans? No, 50,000,000 PHONE #s by DoorFrame · · Score: 2, Insightful

    I haven't said anything until today, but I've gotten annoyed with this whole 50 millions people being on the list thing. There's a lot of bad assumptions around this estimate which could amek the actual number higher or lower.

    First of all, you're assuming that each person registered one phone number. Let's assume that each person registered their cell phone, their home phone, their beeper, their fax machine, their dsl line and their office line. That's six lines for a single person. Let's say corporate IBM registered every one of it's office lines, even though the individual's using the lines didn't have any particular problem with telemarketer phone calls. The actual number of people who support this could be much lower than 50 million.

    On the other hand, let's say one person registered their house's phone on behalf of an entire family. Now that one phone number should really count for all ten people who live under the roof and use the same line, the actual number of people who support this legislation by that logic could be much higher than 50 million.

    And what about people who went stir crazy the day the list was unveiled and started registering every phone number they could get their hands on. Their friends, their coworkers, their family members... they probably thought they were doing everyone a public service. OR, how about if someone set up a script to register a LOT of phone numbers, just to try to put the telemarketers out of business. How hard would it be to automatically register EVERY US phone number? Not very, is the answer.

    So, everyone should be saying that 50 million phone numbers were registered, not that 50 million people support the registry. There's really no way to know how popular the registry is without doing (wait for it)... phone surveys.

    Sigh.

  98. Sure he jests, by Sonnenschein · · Score: 0

    50 Million can surely be wrong, just look what happened recently with the whole war... 5 Billion opposed. Besides a few million die-hard republican supporters out in bumfuck kansas.

    They're still teaching creationism down there in kansas, so they dont count. Alabama neither, blasphemy charges are handed out regularly down in that shithole.

    50 million CAN BE wrong because people fucking idiots. What does this have to do with the 50 million supporting the do-not-call-list ? Not sure, except they're idiots if they have any hope in this bunk.

    I know two good trial lawyers in Chicago, Horowitz & Horowitz that'll rip this law to shreds, they're like sharks, eat ya from limb to limb if you cross them the wrong way.

  99. Hey, most people are idiots, whadyaknow by Anonymous Coward · · Score: 0

    Forget computers, psychology is where the money's at ;)

  100. It won't work. by sllim · · Score: 3, Insightful

    It won't. It doesn't stand a chance.
    I was an evil one. I used to call you during dinner.
    3 days later you had a dude at your house selling you windows, and it costed you $850 a window.

    Our business was on the up and up. We didn't break any laws. We confirmed all of our appoitments and kicked old single people off our schedules.

    But what always impressed me about the company was there resiliancy.

    I see at least two tools they can use to get out from under this.

    The first is the polling hole. If politicians are serious about this thing they need to close that hole. They won't do it, cause politicians can't make up there mind without a poll, but the only way to make it work is to close that hole.

    'Hello Mr. Smith I am calling on behalf of Windows company.
    We are conducting a poll. Does your house have windows?
    How many?'

    ---end of polling portion of call----

    See how easy that hole is to exploit?

    There is another hole. I can't really think of a way to close this one. But if the consumer is careful they don't have to worry about it.

    That one has to do with the customer contacting the business first. If the business can show that the customer contacted them then it really isn't the kind of telemarketing call that this 'do not call' registry covers.

    I know what you are thinking.
    And you are wrong.
    There is nothing new about this hole, or the exploit.
    All you have to do is offer a 'free' drawing.
    When will people learn that only 'nothing' is free?
    We used to set up kiosk stands in malls, fairs, home shows and just about anywhere else we could find to put them. We would put up a couple samples of windows and offer a free drawing for windows.
    It was on the up and up we did give away free windows just like we said.
    But once you fill out that card, guess what you have done?
    You got it. You have now made a contact with our business. You have given us permission to call you.
    Even if I am wrong on this, I am not very wrong. All these cards have small print (think EULA) on the back. All that really needs to be done is add a sentence that says 'by filling out this card homeowner gives permission to window company to make farther contact and phone calls to the homeowner.'.

    I will be quite honest with you. I don't do that anymore. Now I am a computer operator. I make good money, I enjoy my job, I could do without the night work though. I don't really regret the 5 years I spent in that industry. On the contrary, I learned some very valuable lessons. Hell I don't think I would be doing what I am doing today without them.

    But I am probably more annoyed with telemarketing calls then the average person. I work nights, 6pm-6am.
    Know what 11am phone calls do to me?

    That being said I have pity for the honest people in the industry. There are a lot of people that are honest, hard working and intelligent. There are retired people that need extra income. I would hate to see the industry shut down and these people all be out of work.
    With that attitude I kind of look at telemarketing calls as my problem. When I get one I tell them to take me off the list. That is a legal thing by the way, there is more byte to that phrase then you would think. If they get too annoying I unplug the phone until I wake up.

    I agree with you that I shouldn't have to do that. I understand everyones point as well. That is why I am not saying that the 'do not call registry' is evil.

    It is not.

    It just won't work.

    1. Re:It won't work. by Sneftel · · Score: 1

      Well, if by 'work' you mean 'drive all direct marketing companies into bankruptcy and put all telemarketers out of a job and slaughter all their pets', you're right. This isn't gonna do that. For every name on the DNC list, there's five more that aren't.

      But if you define 'work' as 'let people who don't want to be inundated with telemarketing calls, and know how to go about it', then yes yes yes it will work. True, it takes a little more know-how than going to a website and entering your phone number.

      I have spam filters on my email address. I spent several hours sorting spam to feed the bayesian filter, and tweaking the filtering program I use to queue blocked messages, pending a confirmation from the sender. Now that it's up and running, it's a hands-off, low-maintenance solution that shields me from that particular annoyance, while imposing no real burden on myself or those who email me (I haven't had a single false-positive).

      In contrast, up until now there was very little I could do about telemarketing calls. I could sign up for the DMA's DNC list--and block those few companies that actually gave a rat's ass. And I could recite the "Please take me off your list" incantation. But that latter one only stops one company at a time, and there's plenty of 'em to stop.

      You know the old story about the two explorers facing the tiger, and one of them starts to run, and the other one asks him why he's bothering, to which the first replies "I don't have to outrun the tiger, I just have to outrun you"? The DNC list is a chance for those of us in the know to start running. It's not a universal solution that'll kill telemarketing, but it IS a solution for me.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:It won't work. by sllim · · Score: 1

      But it still won't work. You will still be called.
      Maybe you are not dumb enough to fill out a kiosk card.
      But if a company figures out a way to hide ALL of there telemarketing as a survey then they don't have to bother with the 'do not call' registry at all.
      You get called.

      Then there is the out that allows telemarketing in the name of politicians.
      If that isn't a self serving thing I don't know what is.
      Well I got a question for you, what is a politician? I mean a legal definition?
      If your Senator looses the next election and has to enter the private sector is he still a politician?
      If I lost the race for dog catcher in my small town, am I legally a politician?
      Can I then go to a company and sell my name to that company? As long as they mention my name then it sounds to me like it meets that requirement.

      I don't know what the solution is. I am saying that everytime I check out the 'do not call' registry I realize that people that sign up to it and expect the phone to stop ringing at dinner are fools.

      Wanna know why I am not running from the tiger?
      Cause I happen to know that there is a group of 5 of them, and they are in the direction you are running.

    3. Re:It won't work. by Sneftel · · Score: 1

      The loopholes you mention are speculative, and don't strike me as extremely likely. An important phrase in law: bona fide. "[in] good faith". What that means, is that if you take a telemarketer to court, and he claims that he really was just doing a scientific survey to determine whether or not american households wanted to participate in such-and-such a once in a lifetime offer, and what their addresses and credit card numbers are, the judge will deliver a smackdown, because although the telemarketer may be technically conducting a survey, it is certainly not a bona fide survey.

      Yeah, sure, I'll get a few calls from actual surveys and politicians. Whatever; those amount to a small fraction of the calls I get. But I very much doubt that I'll just start getting carpet-cleaning calls prefaced with "we're doing a survey" or "vote for me".

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    4. Re:It won't work. by sllim · · Score: 1

      You think a multi-billion dollar industry is just going to roll over and die?

    5. Re:It won't work. by Sneftel · · Score: 1

      No. Have you actually read this thread? Perhaps you should do so before posting.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    6. Re:It won't work. by Lou57 · · Score: 1

      This might work ...

      "Hello?"

      "Good day sir! We are conducting a poll to better ... yada yada yada. Do you use ... yada yada yada?"

      "I currently charge $250.00 for each poll-minute of time. Will you accept these charges? Are you authorized to accept this charge? "

      Name:
      Billing Address:
      Phone Number:

      "Billing begins ... now. Poll away!"

      I do have to admit that I've had lots of fun with telemarketers. Because the calls come during dinner-time, my kids have a consistant source of "dinner and a show". I normally engage my Memphis, TN accent (developed while I lived in Minneapolis) because there is a lot of imputed sincerity in that accent. Little do they know ...

      "Haylo? ... Uh-huh. ... Course I got windows. Whut kinda idjiot do you think I am? ... Whut? ... Oh! You sellin' windows. HEY! You got them R-gone gas windows? Me and my boy watch that Bob Vila feller ... you know him? ... Yeah, that's right. We watch him just all the time on a counta he's in reruns now, and he always talks about these here great windows with R-gone gas in them. You got that?"

      I talked to this one guy for twenty minutes like that. I figured I better end it because the ice cream was about to come out.

      "You want to do what? ... Come out here? To my place? What for? ... Oh you want ME to buy the windows. Well, I can't buy no windows. ... Why not? Cause I don't have a place to put them, that's why! I don't own this here place, I just rent it."

      The caller bust out laughing and wished me a good night. And I got high fives all around the room AND an extra scoop of ice cream!

      But I also signed the DO NOT CALL list, and routinely ask telemarketers to put me on THEIR Do Not Call list. But I still keep getting calls. The worst is if you are home sick and you leave the phone on so that work CAN reach you if the have to. I look forward to having peace and quiet. It IS my phone, not THEIR marketing tool.

      Lou

      --
      Lou
  101. Fifty million Americans can't be wrong..... by smcavoy · · Score: 1

    hmmm wasn't it about 50% (150 000 000) of the people thought that there were WMD in Iraq, thus justifying the war?

    The whole "the majority is always right" doesn't seem very democratic.....

    just my 0.02 (cdn)

    1. Re:Fifty million Americans can't be wrong..... by EvanTaylor · · Score: 1

      uhh, but the majority thinking they are right is democratic...

      --
      Sleep is for the weak.
    2. Re:Fifty million Americans can't be wrong..... by Anonymous Coward · · Score: 0

      WMD wasn't the only justification for the war. It wasn't even the best one.

    3. Re:Fifty million Americans can't be wrong..... by smcavoy · · Score: 1

      no, the majority voting.
      Which they do not, what's the usualy turn out 46%?

  102. Jobs, jobs, more jobs... by Anonymous Coward · · Score: 0

    Where are all the representatives to protect the drug trade? That's a large industry that employs very many Americans. It's evident in the large number of incarcerated people due to their involvement in that industry. Tons of jobs, lots of potential tax wealth - but drugdealing=evil.

    That's what we're seeing here. Lot's of people agreeing that - Telemarketing=evil.

    1. Re:Jobs, jobs, more jobs... by holt · · Score: 1

      Nah, come on. Those jobs are still there whether drugs are legal or not. But if we make it legal, we need more lawyers, prosecutors, court clerks, court janitors, judges, prison guards, prison wardens, prison janitors, prison cooks, etc etc etc. See how many MORE jobs we can create by locking all those people up, too?

  103. KISS TACO'S ASS by Anonymous Coward · · Score: 0

    Let see... At about 3.5 seconds after this was annouced this morning, BUT NOOOOOOOOO... Rejected... I guess you have to KISS TACO'S ASS

  104. Agreed by fullmetal55 · · Score: 1

    Telemarking might not exactly die, but it will fade down, people will realize, that its a dying industry and it will slow down. it may even bring back the "door-to-door" salesman. whom you could slam the door on in a much more satisfying way. The Telemarking industry has gotten very cocky, especially with their auto-dialers. Its really annoying to answer the phone, hear a recording say, "please stay on the line for an important offer!" then play hold music. I mean really, why call me and put me on hold right away. and usually if you hang up it calls right back!

    I have better things to do than to answer a phone to be put on hold... If i wanted to be on hold I'd call my ISP.

  105. I never joined the list by spoonyfork · · Score: 1

    I never signed up nor would I ever. The whole idea is dead to rights wrong from the start. If it gets struck down for whatever reason, how valuable would this list of contact information be? I mean shit, here are 50,000,000 potential customers and we have their phone, email, name -- this is great! That much information in one spot up for sale or mismanagement is scary thing indeed. No thank you.

    --
    Speak truth to power.
    1. Re:I never joined the list by vidarh · · Score: 1

      Are you really so naive that you believe that telemarketers needs that list to get peoples contact details?

    2. Re:I never joined the list by spoonyfork · · Score: 1

      Are you really so naive that you believe that telemarketers needs that list to get peoples contact details?

      Abosolutely not. I undertand that spammers constantly refresh their resources. What a great place to get some really fresh info all in one place. If I were a spammer I would be very interested in that list.

      --
      Speak truth to power.
    3. Re:I never joined the list by silverbax · · Score: 1

      I think it would be more accurate that it's a list of 50,000,000 potential plaintiffs in a class-action lawsuit.

      I'm glad I'm on it. I already know how to say 'no' when they call.

    4. Re:I never joined the list by Silverstrike · · Score: 1

      Oh god! 50,000,000 names in one place! With all their information? What a powerful and destructive tool that would be. The possessor of which could reave havoc nationwide...

      I agree my friend, I would NEVER want to be apart of anything like this! ::looks at http://www.att.com/directory/::

      DAMN! We're all doomed.

    5. Re:I never joined the list by Anonymous Coward · · Score: 0

      Not to mention that a substantial proportion of these numbers will be ex-directory. They'll have a whole load of new targets that don't appear in any phone book.

  106. The only thing lower than telemarketers... by Anonymous Coward · · Score: 1, Insightful

    ...are power-grabbing politicians that exempt themselves from their own shitty laws.

  107. 50 Million Blah Blah Blah by indulgenc · · Score: 1

    All you people posting trite crap about how stupid the "50 million people can't be wrong quote" is, try to think about the quote in context.

    50 Million People can't be wrong (about wanting to have a no-call list).

    Take any sentence out of context and you can make it mean whatever you want.

    -i

  108. Yes, Ron Paul is... by Esterhaus_48 · · Score: 1
    I don't know the others, but I've read almost all of Ron Paul's speeches and met him in person last month when he spoke out against the Patriot Act.

    Ron Paul isn't my rep, as that I'm in Austin, but he's the rep for some folks outside Austin. I know there is a really good reason why he voted against this, and I've emailed him to see if him or one of his aides can send me a synopsis of that reasoning.

    Make no mistake, Ron Paul is one of the few patriots we have who continues to speak for the people. If he voted against this, it's may be because:
    • The text of the legislation was too weak and afforded too many loopholes for another Judicial ruling against the FTC's actions
    • There is some kind of really nasty rider that 412 other congressmen missed

    As soon as he emails me back I'll post something in reply. But, please, understand that Ron Paul and his aides are amazing. They stayed late at the deadline of the submission of the Patriot ACT and read through every word of it before voting against it. I'm sure he has good reason to vote against this measure.
    1. Re:Yes, Ron Paul is... by arkanes · · Score: 1

      This is an excellent point, and just as with the patriot act, sticking a rider on this bill would be a great way to get your pet legislation passed, as the reponses in this article show.

    2. Re:Yes, Ron Paul is... by zvar · · Score: 1

      Or you could just read the full text of the bill at http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.316 1: so you will see that neither are correct.
      At least I would love to see someone argue there are loopholes there. :)

  109. How many times by phorm · · Score: 1

    Have you watched a crime show where a criminal gets off on a technicality, or a law even gets struck down on such?
    Or perhaps you could come to Canada, and look up recent history on various pr0n laws...

    Judges are quite subject to law and procedure. Laws that are perfectly right in idea can be killed due to technical errors (until such errors are corrected).
    Murderers can get off on loopholes. It may not happen exactly as it does on TV, or as often, but it can happen. Think about when police enter a residence without warrant, and seize compelling evidence of rape, murder, etc. You think a judge wants to invalidate such evidence and chance letting a killer off? No damn way, but it does happen, to prevent police from illegally entering another residence of an innocent suspect.

    Laws are upheld, and good laws are struck down because of other good laws, in order to prevent bad laws from sticking for the same reasons.

  110. Unless you are a ... by spineboy · · Score: 1

    Little old lady computer neophyte running a Mac.She was sued for using Kazaa, and it doesn't even run on Macs. The RIAA had to apoligize.

    --
    ..........FULL STOP.
    1. Re:Unless you are a ... by geoffspear · · Score: 1

      Well, that happened once, and they apologized. Telemarketers call millions of people and don't apologize for it. They make all of their money off the clueless little old ladies who don't actually want what they're selling but can be talked into buying it. If RIAA started suing every single person in the US, regardless of whether they had a single MP3 on their computer, and hoped to make money by stupid people who hadn't shared any music settling out of court, it would be an analgous situation.

      --
      Don't blame me; I'm never given mod points.
    2. Re:Unless you are a ... by f0rt0r · · Score: 1

      If you've been watching the headlines, you would know the RIAA has sent their threatening letters to people who were not sharing mp3's, so it looks like they already starting using telemarketers tactics.

      This is just their final gasp for air before they go under for good. And I for one will not miss them.

      --
      I can't afford a sig!
  111. Yeah. by siskbc · · Score: 1
    Because we all know that people let the issue of not being annoyed by telemarketers trumps less important ones such as abortion, the degree of environmental protection, the merits and demertis of social security and medicare and other welfare programs, etc.

    The difference there is that no one is solving those problems. But if you vote against a plan to get rid of telemarketers, you are politically dead. And 412 Congress(wo)men in the house know it. This is also something where everyone's on the same side. If you take a stance on social security, you *can't* please everyone. Here, you can. So yes, it's going to be a big deal - why else would Congress have moved so quickly on it? Because they understand the importance politically.

    --

    -Looking for a job as a materials chemist or multivariat

  112. The problem with your idea by rsilvergun · · Score: 1

    is people like me who go over to our mom's and put her on the list. Telemarketing has such a bad reputation that even people who fit telemarketer's target demographic are going to want to opt out. Normally they probably wouldn't know about things like this list, but then there's that bad rep biting them in the rear again.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  113. argh by netfool · · Score: 1

    It's fifty million phone lines, not fifty million people. My unscientific guesstimate is its probably more like 80-100 million people.

    --
    Left 4 Dead Gaming Group - http://www.l4dgg.com
    1. Re:argh by shaldannon · · Score: 2, Insightful

      How do you figure that? If it's 50 million phone lines, then the number of people involved is going to be less than the number of lines because for all people N, some number own at least one and possibly more (e.g., if you signed up the main home line, the office line, and the cell). Now, of course, if we're talking 80-100 million lines....

      --


      What is your Slash Rating?
    2. Re:argh by Grimster · · Score: 1

      There is 3 people in my house, me, my wife, and my son, and I am on that list with one phone number.

      However I'm sure there is more than a few single people on there with multiple numbers so who knows whether it's more people than phone numbers on that list or the other way around.

      --
      --- www.f-theocean.com
    3. Re:argh by netfool · · Score: 1

      I figure out of my own experience. Most people in this area have a single telephone line to there house. And most of the time there is more than a one person for the line.

      --
      Left 4 Dead Gaming Group - http://www.l4dgg.com
  114. Little rant on the DNC List by Helmholtz+Coil · · Score: 1
    It seems like the major argument against the DNC list is that it will cost a lot of jobs. Maybe it will, maybe it won't. I don't think we'll know until after the fact. I suspect some will be lost, but along the same lines of logic we never should have made cars legal because it put blacksmiths out of work-no more horses to shoe. Things change, jobs lost here will be replaced by jobs somewhere else. That's just the nature of things.

    All I know is that telemarketing is a huge invasion of my peace and quiet. I look forward to coming home, closing the door behind me, and leaving the noise behind me on the other side. And I can't do that anymore. I've had to resort to leaving the ringer off the phone 24/7.

    I shouldn't have to have people harassing me if I don't want them to. I have to be exposed to that the second I step out of my house, turn on the TV, read the paper, etc. I should be able to have one tiny little corner of the universe where I don't have to hear anyone else's voice except mine and my family's.
  115. Exactly the Same With Spam by blunte · · Score: 1

    Remember when the internet was new, and the goal of collecting information from people registering was to be able to send targeted offers?

    Stupid people realized (in a short term game) that it would be easier/cheaper to just blast everyone with the ad.

    The telemarketers and the spammers both could be sending very targeted offers, and their % sales/offer would be quite high. But like most people, they've opted for the short term gain at the long term cost.

    If someone called me in the evening and tried to get me to buy a green laser pointer for 49$, I just might buy it. But I don't want another offer from a credit card company to pay off my debt if I die. If I die, I don't care! (joke, I know it's more complicated)...

    Point is, the technology exists for marketers to be very specific about how they market, but they all have the short term over long term mentality. And now it's time to pay the piper.

    --
    .sigs are for post^Hers.
  116. Bzzzzzzt! Wrong! by John+Harrison · · Score: 2, Insightful

    Google for "corporate personhood". It will blow your mind.

  117. Re:Democracy - Amen Brother. by pkp_gl211 · · Score: 3, Funny

    Just think if we used popular vote for the presidential election, Al Gore would be president. On the other thing think of all the things he could have invented....

  118. Just saying cynics and pessimists are wrong. by Thinkit3 · · Score: 1

    I'm sure they have plenty of cash...they are fighting this in the courts. So many people default to the cynical/pessimistic judgement that they can't consider the alternative.

    --
    -Libertarian secular transhumanist
  119. Missing news... by tazanator · · Score: 1

    Okay I want to know how the judge's secretary is feeling after the /.'ing yesturday...maybe even an offical word from the telemarketers how we validated their business model.

    --
    I'm told you are what you eat, does that mean I can be you by tomorrow with some A1?
  120. 50 Million Americans can't be wrong... by 4/3PI*R^3 · · Score: 2, Insightful

    Unless those 50 Million Americans want P2P trading of music.
    Does this mean that the RIAA gives more money to political campaings than the ATA?
    I'm not saying that using other peoples creative works without compensating them is right. But if 50 Million Americans can't be wrong shouldn't compulsary liscensing been more of a slam dunk?

    1. Re:50 Million Americans can't be wrong... by elpapacito · · Score: 1

      But weren't Americans like 300 Million ? The missing 250 Millions haven't joined yet ? I would.

  121. Of the eight who said no.. by Valarauk · · Score: 0

    "Ok Ron, your turn. Truth or Dare?" =)

    --
    **insert favorite profound quotation here**
  122. Lost Jobs? ...Hardly! by stieglmant · · Score: 1

    I really don't understand how this do-not-call list will result in lost jobs. These 50 million people who have signed up DO NOT want these calls, and as a result WILL NOT buy anything form these telemarketers.Calling people who won't buy anything is just a waste of time. With this list the telemarketers can/should concentrate on their customers who actually want (for some odd reason) their calls.

    --
    - The problem with the world is that everyone is a few drinks behind. -- Humphrey Bogart
    1. Re:Lost Jobs? ...Hardly! by 3terrabyte · · Score: 1

      Can you imagine the number of calls the people not on this list are going to get now?! 50 calls a night!!! :)

      --

      Why are there only 19 people folding@home for slashdot?

  123. Cognitive dissonance (admittedly off topic) by An.+(Coward) · · Score: 3, Interesting

    If the do-not-call list goes into effect because "fifty million Americans can't be wrong," then... How can sixty-five million Americans be wrong about file sharing?

    Just wondering...

    1. Re:Cognitive dissonance (admittedly off topic) by roman_mir · · Score: 1

      Simple - 50 million people can be wrong and many times are wrong. Who the hell selected GWB? How many people smoke (well it is bad for them anyway)? How many people buy fast food? etc. 50million people can easily be wrong. How many believe in god's existance? How many of us have superstitions? etc.etc.

      60 million file sharers are wrong in my opinion, and in opinions of millions and hundreds of millions.

  124. People are stupid by mamer-retrogamer · · Score: 1
    A person can be smart, but the larger the group, the lower the collective IQ.

    I think this idea was summarized best by a this Slashdot post:

    ...most people are fairly intelligent, on an individual basis. Many even fail to act as part of the mob when given the opportunity. Most people don't bother thinking for themselves in their day-to-day lives, and just go with the flow because its easier. "People are stupid, panicky animals" -- sheep in particular for the most part. And no, I don't exclude myself. I play nice with society's rules, even though I feel that our society is seriously flawed. So do most people who say how stupid people are...

    --
    Schrödinger's cat is not amused—maybe.
    1. Re:People are stupid by lubricated · · Score: 1

      "most people are fairly intelligent"

      actually 50% of the population has below average intelligence.

      --
      It has been statistically shown that helmets increase the risk of head injury.
  125. Please don't kill me by NanoGator · · Score: 1

    "Fifty million Americans can't be wrong."

    It's official! Windows is sup...

    Hmm...

    Do I really want to lose karma over this joke?

    --
    "Derp de derp."
  126. Give me a break, hippy by 3terrabyte · · Score: 2, Insightful
    I was reading the reactions.

    Reader #7 says: "I am a telemarketer who has been feeding my family through this type of work for 17 years...[cut]...Telemarketing has made jobs available to those that were laid off from Corporate America. Unfortunately more people will be laid off if this law takes effect. I'm not saying we shouldn't respect people's rights. I'm just saying leave our jobs alone."

    I didn't touch your job, b****. Quit calling me! Come on. Times change. Our family newspaper went under due to the popularity of eBay. Should I sue ebay? (RIAA would).

    Honestly though, no one is touching these jobs. People survived before phones, they'll have to survive now.

    Check out Reader #9: "I guess the only question for the people who advocate the Do Not Call List is: What would you rather have us do? Should we loot, burn, and take what we need to survive? Or would you rather look at the caller i.d. and not answer the phone?

    Excuse me? You're saying 2 million workers are suddenly going to loot & burn just to survive. Because they are unable to get a job besides Telebitchemarketer? I don't remember looting after the dot com bubble. Listen, I'm quite the liberal & democrat, but even I don't mind sounding like Ronald Reagan on this issue. Get another fsking job!

    --

    Why are there only 19 people folding@home for slashdot?

    1. Re:Give me a break, hippy by shaldannon · · Score: 1

      Heh...my reaction is quite similar to yours except I thought

      s/Get another fsking job!/Get real fsking job!/;

      --


      What is your Slash Rating?
    2. Re:Give me a break, hippy by danielsfca2 · · Score: 1
      Our family newspaper went under due to the popularity of eBay.

      Um, what? How does that happen? How are newspapers and eBay competitors?

    3. Re:Give me a break, hippy by Anonymous Coward · · Score: 0

      You are forgetting the kind of animals that career telemarketers are. The kind of people who can stand being rude to and then yelled at by hundreds of people a day, every day. I don't think these kind of people would have ethical issues about anything. Stealing, looting, raping, killing, whatever it takes to make a buck without caring about the victims. Telemarketing is really a sort of legal crime already.

    4. Re:Give me a break, hippy by 3terrabyte · · Score: 1

      It was a newspaper revolving around mail-order auctions (antiques).

      --

      Why are there only 19 people folding@home for slashdot?

  127. Important lesson here for the RIAA and MPAA by Solandri · · Score: 2, Insightful

    Any business model which pisses off the majority of your customer base is doomed to failure.

  128. I think you should appreciate what you get by Anonymous Coward · · Score: 0

    It may not be a perfect law, but it is a lot better than nothing.

    One step at a time.

  129. Doubt it by stieglmant · · Score: 1

    Unfortunately I doubt this. Look at spam, it doesn't get more annoying than spam, but enough people buy their crap to make it profitable. I understand that it cost more to call instead of e-mail, but it still doesn't take too many suckers to keep the business profitable.

    --
    - The problem with the world is that everyone is a few drinks behind. -- Humphrey Bogart
  130. Is It Really Needed? by sirbone · · Score: 2, Insightful

    Of course one could argue that an unsolicited call is a violation of property rights. "I didn't give you permission to send a phone signal into my household. You're trespassing!" Perhaps that is an argument even a libertarian could accept. Though since that argument is certainly a grey one, let's look at it this way: is legislation really needed?

    Handling telemarketing is quite easy. One can use caller ID. Then you only answer the phone when you want to talk to the other person. Though not the norm, I personally know about when I can expect phone calls, and I know the hours when telemarketers don't call; I'm pretty accurate in only answering calls I want without caller ID by keeping this in mind. So with either approach, you can easily not answer telemarketers. I've found that not answering their calls makes the amount of calls come down drastically. I probably get only 1 telemarketing call every week or two that gets to talk to my answering machine.

    Furthermore, many telemarketers get people's number because people are too lazy to read privacy statements and mark off what is needed to tell a company not to contact you or share your information. For example, when my mortgage got sold to another bank, I actually read the "junk mail" the new bank sent me to find an easy way to let them know that I do not want any telemarketing from them. Most people probably would have just tossed it out without reading it.

    And finally, there is a telemarketer's alliance you can contact to have your number removed from all its member companies, and if you bother to tell a telemarketer on the phone not to call you again then they are legally obligated not to call you. (Some people have gotten rich suing those who disobeyed, so there's a good revenue oppurtunity if it fails!)

    So in summary, it seems to me that there are plenty of options for stopping telemarketing. I believe the thrust of this demand for legislation is due to people's laziness/stupidity in taking advantage of these options to take care of themselves. Now granted, some will rhetorically ask why they must do this? That only holds water if you believe that you have some sort of divine right to use phones in an omnipotent manner to your liking. Using these methods to take care of yourself is no different than paying money for a Tivo and taking the effort to push a button to skip comercials on the cable networks you already pay to see.

    I think it all boils down to the "inertness of mankind", demanding that other people take care of them because they are too lazy to take the minimal effort needed to stop the telemarketing problem. It seems an example of what Bastiat pointed out in "The Law", as per my sig.

    --
    "The State is that great fiction by which everyone lives at the expense of everyone else." -Frederic Bastiat.
    1. Re:Is It Really Needed? by windex82 · · Score: 2, Insightful

      Yes its needed when your getting as many as we were... before indiana created a do not call list there were days where i recived up to 4 calls an hour, most of the time it was just 1 or 2, we have yet to recive one since it went into effect.

      About the third time your in the middle of a project and get interupted 4 times you start getting pretty fed up with it, if your not already fed up from getting waken up by a call placed at the exact time they're able to start calling.

      ive read and have been told by psycholody teachers, it takes about 15 minutes to get back in the groove you were in, all that lost productivity....

    2. Re:Is It Really Needed? by sirbone · · Score: 1

      Did you even attempt to do anything to stem those calls, or do nothing other than complain to yourself? Did use caller ID, or ask not to be called, or sign up for a telemarketer association's do not call list, or actually attempt to choose privacy options with the companies you do business with, or NOT send in your phone number to a "freebie give-away"? Or better yet, ever consider not answering the phone when you don't want to answer it?

      None of this is all that hard. All I do is check off proper privacy options when I do business, NOT sign up for freebie offers (they are just marketing scams), and NOT answer the phone when I don't feel like anwsering it. A very minimal effort. Total telemarketing I get? One every week or so, usually caught by the answering machine.

      It's not that hard. You don't need legislatures to take care of it if you are willing to put forth a minimal effort.

      --
      "The State is that great fiction by which everyone lives at the expense of everyone else." -Frederic Bastiat.
    3. Re:Is It Really Needed? by Mr.Spaz · · Score: 1

      Sorry, but I did put forth the effort, and the tide was minimally, if at all, stemmed.

      I do not want to pay for caller ID. It's $9 a month here, and my telephone bill is bloated enough with charges forcing me to subsidize some farmers' phone line. On top of that I've seen caller ID in action. Scrolling through a friend's CID history on his phone revealed a large number of "Out of Area" or "Unavailable" entries. Is it someone you know? Maybe? There's no way to tell until you answer.

      I have an answering machine. It answers the phone when I'm not there and takes messages for me. Good. When I'm there, I want to answer the phone and talk to my friends and family without making them do the classic "Hello, are you there? Helloooo?" on the machine.

      I tried for a long time to tell the telemarketers "do not call me." I followed the instructions at http://www.junkbusters.org . The problem with it is that quite often I am being called by a recorded message that I cannot ask to stop calling me. The other common phenomenon is the "dead air" phone. I answer, there's a few moments of nothing, then 'click.' It's the telemarketer's autodialer dropping me, but I've already abandoned whatever I was doing to answer a phone to nothing. Additionally, some telemarketers are very, very brazen about ignoring your do not call request. I can think of two occasions where, when I began to ask the telemarketer for their name, company, put me on your do not call list, etc., they loudly responded "What? What? I can't hear what you're saying? I'm sorry, what?" then they'd hang up without acknowledging what I had asked them to do.

      This kind of invasive, trampling behavior on behalf of the telemarketers has brought forth the demand for something to be done; well, now we have a national do not call list. I hope they are happy with themselves.

    4. Re:Is It Really Needed? by windex82 · · Score: 1

      Sorry, but I did put forth the effort, and the tide was minimally, if at all, stemmed.

      I do not want to pay for caller ID. It's $9 a month here, and my telephone bill is bloated enough with charges forcing me to subsidize some farmers' phone line. On top of that I've seen caller ID in action. Scrolling through a friend's CID history on his phone revealed a large number of "Out of Area" or "Unavailable" entries. Is it someone you know? Maybe? There's no way to tell until you answer.

      I have an answering machine. It answers the phone when I'm not there and takes messages for me. Good. When I'm there, I want to answer the phone and talk to my friends and family without making them do the classic "Hello, are you there? Helloooo?" on the machine.

      I tried for a long time to tell the telemarketers "do not call me." I followed the instructions at http://www.junkbusters.org . The problem with it is that quite often I am being called by a recorded message that I cannot ask to stop calling me. The other common phenomenon is the "dead air" phone. I answer, there's a few moments of nothing, then 'click.' It's the telemarketer's autodialer dropping me, but I've already abandoned whatever I was doing to answer a phone to nothing. Additionally, some telemarketers are very, very brazen about ignoring your do not call request. I can think of two occasions where, when I began to ask the telemarketer for their name, company, put me on your do not call list, etc., they loudly responded "What? What? I can't hear what you're saying? I'm sorry, what?" then they'd hang up without acknowledging what I had asked them to do.

      This kind of invasive, trampling behavior on behalf of the telemarketers has brought forth the demand for something to be done; well, now we have a national do not call list. I hope they are happy with themselves.


      Thanks for doing the typing for me, again when I AM HOME why should I have to let the phone sit and ring when the caller ID says its a telemarketer? I couldnt even beign to tell you how many times the following has happened: "hello", "yes this is--", "--could you just add me to your" *click* i assure you they didnt bother to add me to their DNCL...

  131. I'm glad. by DroopyStonx · · Score: 1

    I HOPE people lose their jobs over this. It might sound harsh, but come on, telemarketers who peddle shit are looking to scam consumers, not help them. We all know this.

    Having a job scamming money from people should be no more LEGAL than having a job selling drugs to kids or being a hitman for the mafia.

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
  132. Justice served twice in same day by El · · Score: 0, Offtopic

    In other news, a Nigerian Sharia Court of Appeal has decided that Amina Lawal does not need to be stoned to death for having a baby out of wedlock -- but only because the was already pregnant when the law was instituted! Nevertheless, my faith in humanity is almost restored. Now if SCO would just go away...

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  133. not quite by rhombic · · Score: 1

    Don't you own and operate your site at the sufferance of your ISP/upstream, and according to their terms of service? By your definition, it seems that the 1st amendment doesn't apply to you, either.

    The 1st amendment only restricts activities by the government, not private individuals or corporations. It protects you and those using your mailserver equally. Of course, post patriot-act, you've got equally zero protection to your speach, but hey...

    --
    1984 was supposed to be a warning, not an instruction manual.
    1. Re:not quite by PD · · Score: 1

      Actually, no. My contract contains clauses for cancellation due to non-payment, but nothing about what I put on my website, or send out over mail, with a single exception: If I overstep my bounds by causing havoc (spam complaints) for my provider, then they can cut service. There's absolutely no content restriction on my connection. (Take that, you slaves of cable companies).

      But, you're right, that's not really first ammendment rights because that applies to government control of what I say. And, there's not a single government institution that could legally shut me down for my website or my mails, unless I overstepped my first ammendment bounds.

      The SCOTUS decided long ago that a physical mailbox was part of someone's house, and the person could restrict someone else from placing something inside of it. I think that it's no contradiction to say that my e-mail box is a part of my house, and I can restrict someone from putting something in it.

  134. What about file-sharing? by Anonymous Coward · · Score: 0

    So, fifty million Americans can't be wrong? Aren't there sixty-million Americans using file-sharing software?

  135. One step further away from communism.... by pr0c · · Score: 1

    I don't give a fuck what you communist wannabes want out of my phone _I_ don't want you calling. Thanks for the government to make that possible.

  136. Is it better than welfare? by TamMan2000 · · Score: 1

    Its putting food on someone's table, and is better than them being on welfare.

    I am going to have to question this assertion.

    Welfare takes my tax dollars and puts it in the pockets of those who can not afford to feed/house themselves.

    Telemarketers waste my time to put money in the pockets of some greedy bastards, and a bunch of people who might otherwise be on welfare.

    Well... My time is worth a lot (time is money), and I would rather have them taking my taxes (through welfare) than my time (through calling).

    I guess the meat of my assertion is that employing people is only better than having them on welfare if thier jobs are at the very least not destructive (productive wouldbe better...).

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  137. Want to back these up? by Anonymous Coward · · Score: 0
    Slashdotters who cite references for their statistical "facts": 0%

    For one thing, the functional literacy rate in the US is over 95%. You keep hearing about how the US ranks, like, 49th or something, but then you realize the top 50 only span about 3 percentage points or so. It's like the debate over arsenic in water a couple years back. It was around 5 ppm versus 18 ppm- political garbage. And 15% going to shrinks is too LOW! ;-)

  138. Millions? Oh please... by FatSean · · Score: 1

    That's a bit rich. I'll keep my whistle I blow into the phone when one of these 'hard working not-on-welfare' calls me during a meal.

    --
    Blar.
  139. He's the defender of nothing, just a contrarian by gad_zuki! · · Score: 4, Insightful

    When did bending-over for big business become "defending the constitution?"

    Read the document sometime, you'll see the ideals of the Enlightement in print which include but are not limited to protection from government, protection from others, personal autonomy, democratic voice, freedom from religion, etc.

    If an industry is considered a nuisance by a vast majority of Americans and is limited through grassroots effort this can easily be seen as a democratic action at work. Dissenters might say its the tyranny of the majority, but they can have my telemarking calls if they truly believe that. Something tells me they won't volunteer. Would Ron Paul "defender of the Constitution" let coal burning plants pollute your neighborhood because an overisght comission via the EPA is more "big bad government?"

    Just because an industry exists doesn't mean that limiting it is 'big government.' Does Ron Paul want to live in country where we're citizens of corporations because of an irrational fear of "big bad government?" Probably. Would he let Microsoft go with a light slap on the wrist like Bush did. Definiately. Sorry about how your upstart was illegally crushed by the big business, but better that then more "big government" eh?

    All the neolib economists, starting with old man Milton, would just love to tear down the state and the protections it provides and let us become modern day serfs.

    Funny thing about free markets, they have a problem remaining free. Don't let that fact get in the way of a some irrational ideology though.

    1. Re:He's the defender of nothing, just a contrarian by pmz · · Score: 1

      If an industry is considered a nuisance by a vast majority of Americans and is limited through grassroots effort this can easily be seen as a democratic action at work.

      Then why the FTC action and not a proper national referendum at the next election?

      Would Ron Paul "defender of the Constitution" let coal burning plants pollute your neighborhood because an overisght comission via the EPA is more "big bad government?"

      I don't know him, and can't answer for him. There are probably areas where the EPA is genuinely overbearing and could be cut back. The government really should put their foot down only in the worst cases and let the market figure out the rest. While it is arguable that this already occurs, I have to wonder why the only automakers anymore are a few global megacorporations and a few niche players (the barriers to entry are so high that no new auto companies will exist for a very very long time, and that's definitely bad).

      Does Ron Paul want to live in country where we're citizens of corporations because of an irrational fear of "big bad government?" Probably.

      Probably not. There no such thing regarding citizenship for a corporation, and, if anything, the government should enforce a person's freedom to find new employment whenever needed (employed at will).

      It is the case that corporations need whole legal and accounting departments whose only function is to comply with government regulation. And then people complain about corporations not being able to survive in the USA. This is pretty sick, IMO.

      All the neolib economists, starting with old man Milton, would just love to tear down the state and the protections it provides and let us become modern day serfs.

      No one is arguing to tear down the state. Enforcing the basic rights put down in the Constitution is what the US government is for and all the excesses we see today (social security, welfare, income taxes, etc. etc. etc. etc.) are insults to freedom from tryanny, whether it be from from corporations or government.

      Being Libertarian does not imply being an anarchist.

    2. Re:He's the defender of nothing, just a contrarian by bnenning · · Score: 2, Insightful
      When did bending-over for big business become "defending the constitution?"


      Why do you assume that's his motivation? Have you considered that he really believes the do not call list is not constitutional, and it's therefore proper to oppose it even if that results a benefit to evil corporations?


      I happen to disagree with Ron Paul on this issue, but from everything I've seen he's an exceptionally principled Congressman, and I wouldn't mind having a few dozen more of him.


      All the neolib economists, starting with old man Milton, would just love to tear down the state and the protections it provides and let us become modern day serfs.


      Ridiculous strawman. Sorry, economic conservatives are not anarchists.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:He's the defender of nothing, just a contrarian by Anonymous Coward · · Score: 0

      "...all the excesses we see today (social security, welfare..."

      This is exactly what is wrong with the Libertarian philosophy. It is morally bankrupt.

      It is the moral responsibility of the strong to protect the weak. All these "survival of the fitest" types need to go and live in the jungle with the other animals. Humankind can only claim the mantle of superiority when we act with compassion.

    4. Re:He's the defender of nothing, just a contrarian by Anonymous Coward · · Score: 0

      You're basically clueless if you think we have a free market. What we have is largely a corporate welfare state with the largest corporations buying congressmen by the bushel.

      As long are there are people like you who are determined to expand the power of government there will always be politicians worth buying.

      Limited government is the only solution to this problem.

      A Czar of Telemarketing, which we will no doubt soon need, when yet another government program fails, is not a step in the right direction.

    5. Re:He's the defender of nothing, just a contrarian by Anonymous Coward · · Score: 0

      let us become modern day serfs Just how large does your tax burden have to be before you realize that you already are a surf and that the government protection racket has made you a slave?

      Perhaps you think that if your fellow citizens vote to make you a slave, or a second class citizen, that is okay?

      If democracy were truly the solution than we could simply hold elections in Iraq and leave. The Iraqi's could vote for their theocratic Iranian style government and we would have brought democracy to the region. Right?

      Obviously without protection of individual rights and a strict limitation on government action democracy isn't worth warm spit.

      Obviously you believe in tyranny.

      BTW - Is slavery a qualitative or quantitative thing?

    6. Re:He's the defender of nothing, just a contrarian by bersl2 · · Score: 1

      All the neolib economists, starting with old man Milton, would just love to tear down the state and the protections it provides and let us become modern day serfs.

      You can't mention Milton Friedman and the word "serf" in the same sentence without mentioning Hayek's The Road to Serfdom , Hayek being the sort-of predecessor to Friedman.

    7. Re:He's the defender of nothing, just a contrarian by Anonymous Coward · · Score: 0

      -1, Communitarian

    8. Re:He's the defender of nothing, just a contrarian by dosboss · · Score: 1

      Does Ron Paul want to live in country where we're citizens of corporations because of an irrational fear of "big bad government?"

      Some of us are already citizens of corporations. The city seal for my town says "The Corporation of the City of ..." Of course that's what I get for living in a comonwealth state. That just means my money belongs to them, and thier money belongs to them too.

      "If there's a better way, I'll be the first in line - it better work this time!" - Metalica (back in the good-old days...)

    9. Re:He's the defender of nothing, just a contrarian by Mr.+Piddle · · Score: 1

      It is morally bankrupt.

      No, it merely recognises the reality of politics and business and, in a way, that our technology and economies are not currently mature enough to support socialistic ideals. One day, in perhap another 1000 years, this will most certainly change.

      Humankind can only claim the mantle of superiority when we act with compassion.

      Uh, perhaps you should look up "the gun" in an encyclopedia and revisit this issue.

      --
      Vote in November. You won't regret it.
  140. thank you! by Anonymous Coward · · Score: 0

    If you would like to get in touch with the Honorable Lee R. West, his court lists his contact information. I imagine that he would be interested in hearing your opinion on this matter.

    1. Re:thank you! by Anonymous Coward · · Score: 0

      Thanks for the link. He's probably rich. There must be lots of things I could sell him. I like the idea of faxing a roll of black paper to his "chamber" fax machine.

  141. Why the central U.S. likes telemarketers by Bluetrust25 · · Score: 2, Insightful

    6 of the 8 who voted against this were from states centrally located in the U.S.

    It makes sense because long distance rates are cheaper there. A few cents a minute savings really adds up when you've got a phone room filled with hundreds of people working the phones.

    I own a business programming online surveys and a lot of my work comes from research studies that used to be conducted by huge phone centers out in the midwest. I like to think that I'm helping put them out of business. Too bad that telephone surveys aren't affected by the do not call list. It would earn me more work! :)

    Here's a fairly comprehensive list of CATI (Computer Assisted Telephone Interviewing) phone centers in the U.S. sorted by state.

  142. "Fifty million Americans can't be wrong." by El · · Score: 1

    Doesn't this remind anyone of the old quote: "Eat Shit! 20 billion flies can't be wrong!"

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  143. What about the 60 Million Downloaders??? by Anonymous Coward · · Score: 0

    That is 10 million more than on the do-not-call list. Why are they not listening to them? Hmm maybe now they will get the hint.

  144. great... by Anonymous Coward · · Score: 0

    ...so we only have to get rid of ten million people...

  145. Fifty million Americans CAN be wrong by Nintendork · · Score: 1
    Just because millions of people are blatantly stealing copyrighted work, that doesn't make it right. It just proves that humans have no respect for a law that isn't enforced regularly.

    I believe that the RIAA (and soon the MPAA, I'd imagine) are on the right track by filing lawsuits against 12 year old kids and grandparents. Why? Because with the news of indiscriminate lawsuits against normal people being filed on a regular basis, people will go back to paying for their music. Responsible adults will punish their kids for pirating as if they were being punished for shoplifting. They won't turn the other cheek.

    Some argue that they are innocent for this or that reason. Nobody with an IQ greater than 70 downloads an album or movie for free and thinks that it's all perfectly legal. People know it's a petty theft and they'll continue to do it until they're afraid of getting busted. If grandpa gets sued because his grandson pirated, he'll pay the fine and his grandson will be punished by the parents. It's the same way with most other fines resulting from illegal activity conducted by a minor.

    -Lucas

    1. Re:Fifty million Americans CAN be wrong by Anonymous Coward · · Score: 0

      Ahhh the trolls, how I love thee

    2. Re:Fifty million Americans CAN be wrong by Nintendork · · Score: 1
      Okay, AC. Whatever.

      Just because my argument goes against the popular opinion of the Slashdot crowd, that doesn't mean I'm trolling. Heck, I believe that I presented good, valid arguments. Out of curiousity, are you telling me that it should be legal to hand out copies of copyrighted work?

      -Lucas

  146. Well, the Judge is feeling the heat NOW! by jbottero · · Score: 1

    From FoxNews: "Egged on by talk show hosts and angry Web sites, people have flooded West's office and home with calls and faxes, apparently trying to show him why they wanted to ban unsolicited sales calls. "They are just calling to tie up our lines," said Rick Wade, operations manager at the district clerk's office. "They just keep calling to harass us, like the telemarketers harass them, I guess." The phones at the federal courthouse were jammed Thursday morning and voicemail boxes were stuffed with messages blasting West's ruling that the Federal Trade Commission (search) lacked authority to create and operate the registry. West's home and office telephone numbers were posted on the Internet, and consumers angry with the ruling were encouraged to call. Calls by The Associated Press to West's home seeking comment were blocked by busy signals. The ruling even made late-night television talk show host Jay Leno's monologue Wednesday night. "The judge says the telemarketers can call you whenever they want," Leno said. "You know what we should do? Let's all call this judge tonight at home during dinner." West did please some businesses with his ruling Tuesday. Telemarketers say the list would devastate their industry and lead to the loss of thousands of jobs. Rick Ratliff, president of U.S. Security, Inc., one of the plaintiffs in a lawsuit challenging the list, said his company laid off half of its 600 employees because of restrictions on telemarketing. "U.S. Security does not sell anything over the phone," he said. "We simply ask for the opportunity to tell someone about the lifesaving benefits of our security and fire systems in a face-to-face meeting." The do-not-call registry appears that it will go forward after all. The House approved legislation Thursday intended to ensure the list goes into effect next week. After less than an hour of debate, which included potshots at West from both parties, House members voted 412-8 to approve the bill."

    1. Re:Well, the Judge is feeling the heat NOW! by Anonymous Coward · · Score: 0

      303-844-5018

  147. Consumerism, yay by twifkak · · Score: 1

    "This bill will pass faster than a consumer hanging up on a telemarker at dinner time."

    Do they have to call us consumers? Can they not refer to us as people, or at least constituents? *sigh*

    (if unsure, mod "Funny" :D)

    --
    I know you were joking, but I want my Karma, so I'm going to reiterate your post in a serious tone.
  148. HR 3161 text by Skreech · · Score: 1
    Someone earlier posted a link to this, but it stopped working. This is the bill. It's short.
    108th CONGRESS

    1st Session

    H. R. 3161
    To ratify the authority of the Federal Trade Commission to establish a do-not-call registry.

    IN THE HOUSE OF REPRESENTATIVES

    September 24, 2003
    Mr. TAUZIN (for himself, Mr. DINGELL, Mr. UPTON, and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Energy and Commerce

    ---

    A BILL
    To ratify the authority of the Federal Trade Commission to establish a do-not-call registry.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. NATIONAL DO-NOT-CALL REGISTRY.

    (a) AUTHORITY- The Federal Trade Commission is authorized under section 3(a)(3)(A) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)(A)) to implement and enforce a national do-not-call registry.

    (b) RATIFICATION- The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003, is ratified.
  149. The telemarketers sure screwed themselves. by MisterFancypants · · Score: 4, Interesting
    This is even worse than what the RIAA did to themselves with lawsuits.

    A mere couple weeks ago I was somewhat surprised how few people I know in real life have heard of the Do Not Call list until I told them about it. Now that the telemarketing companies won a court decision and forced Congress' hand, the news (TV, newspaper, Internet) has been abuzz with this story.

    So now instead of losing out on 50 million people, most of which one would assume are very ANTI-telemarketing and extremely unlikely to buy anything from them anyway, the industry will probably lose many millions more who didn't even know about the list until it hit front pages everywhere in the nation, thanks to the court ruling.

    So now when the list DOES go into effect, and it will since the ruling was just a temporary setback, the industry will probably have doubled the names on the list simply by bringing the existence of it to the national forefront with their stupid lawsuits.

    Way to go telemarketers! Keep up the good work!

    1. Re:The telemarketers sure screwed themselves. by forkboy · · Score: 1

      That's an interesting point...I'd to see if there was a large influx of new numbers to the DNC registry since this ruling hit the papers.

      Then, if there was, I'd like send out a big fat

      <nelson> HA HA </nelson>

      to the Direct Marketing Association.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
  150. Re:Democracy - Amen Brother. by danielsfca2 · · Score: 0, Offtopic
    Dear idiot,

    Please know your facts before you spout out complete lies, especially ones as tired as the "Gore Claimed To Have Invented the Internet" lie.

    Al Gore never claimed to have invented the Internet.

    Here are the actual facts, from this informative site:

    In a March 1999 interview with Wolf Blitzer, Gore said, "During my service in the United States Congress, I took the initiative in creating the Internet."

    Taken in context, the sentence, despite some initial ambiguity, means that as a congressman Gore promoted the system we enjoy today, not that he could patent the science, though that's how the quotation has been manipulated. Hence the disingenuous substitution of "inventing" for the actual language. [...]

    But the real question is what, if anything, did Gore actually do to create the modern Internet? According to Vincent Cerf, a senior vice president with MCI Worldcom who's been called the Father of the Internet, "The Internet would not be where it is in the United States without the strong support given to it and related research areas by the Vice President in his current role and in his earlier role as Senator."

    The inventor of the Mosaic Browser, Marc Andreesen, credits Gore with making his work possible. He received a federal grant through Gore's High Performance Computing Act. The University of Pennsylvania's Dave Ferber says that without Gore the Internet "would not be where it is today."

    Joseph E. Traub, a computer science professor at Columbia University, claims that Gore "was perhaps the first political leader to grasp the importance of networking the country. Could we perhaps see an end to cheap shots from politicians and pundits about inventing the Internet?"

  151. I'm all for the DNC list but... by pragma_x · · Score: 1

    "Fifty million Americans can't be wrong."

    Umm.. they are if the other 240 Million of us don't think so.

    1. Re:I'm all for the DNC list but... by Anonymous Coward · · Score: 0

      How many of that 240 million have phones? ...Statistics, bendable to prove whatever you want

    2. Re:I'm all for the DNC list but... by Westech · · Score: 1

      "Fifty million Americans can't be wrong."
      Umm.. they are if the other 240 Million of us don't think so.


      Let's call up the other 240 Million and ask them what they think about it. I hear that you can get an autodialer pretty cheap these days.

  152. Judges *HOME* phone number... by Anonymous Coward · · Score: 0

    The local news here has posted the judges *home* phone number (405-348-0818)

    http://www.komotv.com/stories/ 27415.htm<BR>

    1. Re:Judges *HOME* phone number... by Anonymous Coward · · Score: 0

      But is he on the DNC list?

  153. For those in these districts - names by satsuke · · Score: 1

    For those who care who the 8 who voted AGAINST this peace at dinnertime / TV / whatever legislation .. here they are

    Ron Paul, R-Texas
    Jeff Flake, R-Ariz.
    Kendrick Meek, D-Fla.
    Tim Ryan, D-Ohio
    Ted Strickland, D-Ohio
    Lee Terry, R-Neb
    Rob Bishop, R-Utah,
    Chris Cannon, R-Utah

    Who knows .. does telemarketing employ more Utah residents than the rest of the US is aware ?

    1. Re:For those in these districts - names by shaldannon · · Score: 1

      I think so...I used to hang out on an IRC channel with a lot of people who were both from Utah and were telemarketing (the pigs).

      --


      What is your Slash Rating?
    2. Re:For those in these districts - names by sirgoran · · Score: 1

      Odd...

      But come re-election time I wonder how many of these eight will be going back to congress?

      -Goran

      --
      Carpe Scrotum - The only way to deal with your competition.
  154. Hacks, you say? by Millennium · · Score: 1

    There have been plenty of hacks. Consider the devices which would play the first tone or two of the error beep you normally get when the line has been disconnected. There's also Caller ID, which is all too easy to block, and so forth.

    Every time someone uses a device like this -a clear indication that they wish to be left alone- the telemarketers eventually find a way to circumvent the device and call us anyway, despite the fact that we have already left a clear indication that we want them to deave us alone.

    If you or I were to do such a thing, we could be charged with harrassment. In some states we could even be charged with stalking. The Do Not Call list simply ensures that telemarketers fall under the same laws that everyone else does. Businesses aren't above the law, you know. Or are you saying that they should be?

  155. Thank the judge! by Logic+Bomb · · Score: 1

    When yesterday's story about the initial judge's decision was posted, Slashdot got hundreds of posts from people pissed off about it. Has it occurred to anyone that the judge did us all a favor? One of the telemarketing industry's possible open doors for a legal challenge is getting slammed shut with a very loud bang. This would not have happened if the judge hadn't provided a spur for our lazy do-nothing Congress. And without this action, the industry may have been able to tie up the do-not-call list for years while the FCC, FTC, and courts argue over jurisdiction and authority, etc etc ad nauseum.

    The judge did us all a big favor, whether he intended to or not. (I suspect he did.)

  156. Transcript from my last Telemarketing Call by grsiepka · · Score: 1

    RING RING ME: "Uhhh, Hello?" TM: "Hello, can I speak with the person that is in charge of the phone bill?" ME: "We don't have a phone here." TM: "Umm.... " click... Idiots...

  157. Interested where this legislation will go by Tired_Blood · · Score: 1

    What will this legislation look like once it's ready for the president? How many riders will be attached? Will Alaska be open for drilling?

    The DO-NOT-CALL issue is so popular that I'd be surprised if it survives in it's currently lean form.

    --
    This is not my sig.
  158. Federal law only by jmichaelg · · Score: 1

    Congress can only pass federal laws which in this case means only inter-state phone calls are affected. If the phone call originates in my own state, the law doesn't apply. I guess that means the telemarketing jobs won't be going to India any time soon.

    The thing that bothers me about legislation like this is how freely people are willing to trample on free speech. To me, it's just not that big a deal to hang up on a telemarketer that it's worth sacrificing free speech rights for. I don't like telemarketers but I really dislike seeing rights incrementally eroded even more. Telemarketers may be the current black sheep but who's next?

    1. Re:Federal law only by sirgoran · · Score: 1

      That's why you should also sign up for your state's No-Call List.

      -Goran

      --
      Carpe Scrotum - The only way to deal with your competition.
    2. Re:Federal law only by Mr.Spaz · · Score: 1

      I don't really think of this as a free speech issue. I'm not impeding the ability of these companies to say whatever they want. I'm just impeding their ability to say it to me. The list is not an automatic "do not call anyone" system. People must specifically place themselves on the list. This is no different than me simply walking away from someone who is saying something I don't want to hear, or telling the peddler on my doorstep to go away. I'm just telling them (the telemarketers) to go away in advance.

  159. You mean extortion? by Anonymous Coward · · Score: 0

    Extortion as in "Give me some money and I won't call anymore?"

    1. Re:You mean extortion? by volkris · · Score: 1

      No, extra services as in "Well the normal phone service allows telemarketers to call you. If you would like we'll provide an extra service to block them as best we can."

      It's not extortion any more than when McDonalds charges for extra ketchup.

    2. Re:You mean extortion? by Second+Vampyre · · Score: 0

      I want to know what big government is doing about THAT! Those extra ketchup charges are outrageous.

      Although, this is helping my theory that ketchup is slowly being contaminated with crack cocaine, to addict the masses. Before you know it, you will be paying for ketchup by the ounce. Mark my words!

    3. Re:You mean extortion? by rking · · Score: 1

      No, extra services as in "Well the normal phone service allows telemarketers to call you. If you would like we'll provide an extra service to block them as best we can."

      Except for those callers who have paid the extra "unblockable calls" fee, but for an even higher fee we can block those for you too, except for the ones that...

    4. Re:You mean extortion? by volkris · · Score: 1

      Precisely.

      You have to pay extra for the extra special ketchup.

      Or you could, you know, enjoy your meal without ketchup and buy a phone smart enough not to bother you...

  160. Who needs it... by WebMasterJoe · · Score: 1

    I secretely believe that most Americans are lonely, and look forward to receiving phone calls from strangers, asking them to purchase exciting new products and informing them of new opportunities they may not have been aware of.

    Are YOU ever disappointed when an exciting new product becomes available, yet you have no idea how much it could improve your life? Are there new services available to you that you would like to try, but you're too timid to call the company yourself? Sign up on the Do Call Registry, and you'll never have to eat dinner alone again!

    The Do Call Registry uses an exciting technology known as the internet to collect your information, and all you have to do is provide your name, number, and e-mail address! Take control of the number of telemarketing calls you receive.

    --
    I really hate signatures, but go to my website.
  161. Because the two systems are different by Sycraft-fu · · Score: 2, Informative

    The phone system is all regulated and controlled. While anyone can get a line and use it, only certian people can provide the service. It requires right of way to lay copper, millions of dollars of equipment and so on. So, all the companies that do it, have to coperate and obey regulations. One side effect is that they always can tell where a call came from. If someone blocks calling line ID for you, that just means that your box doesn't show you. The phone switch that serves your line knows where it came form, it must by the nature of the system. IT logs it too.

    So, if you get an unauthorised call and you file your complaint, it is a simply matter for the FTC to check on. They get records from the phone company confirm that, yes, the telemarketer DID call you and so on.

    However with e-mail, they can use some anonymous relay off in Asia with an admin that won't respond to e-mails. It is then much harder to track anyone down and prove anything. Not saying it can't be done, it is just a more difficult job and one the FTC understand less well.

    1. Re:Because the two systems are different by diablobynight · · Score: 1

      one the FTC understands less well, how are you making this accusation, do you know the "FTC" are they friends of yours, did the confer to you that they are not intelligent when it comes to tracing internet traffic, you can trace things through a proxy, if these packets go in one side, and they are this size, blah blah blah, and their are packets that come out the other side, at this time and they are this size, then you can draw the conclusion they are the same data, from the same person, and even that proxy that won't answer emails, gets its internet connection from someone that will. we don't control the world, but this is a world economy and a lot of businesses owned in one area also own businesses here, and then you have the ability to squeeze them, but more than likely it wouldn't take any squeezing, because a big ISP that is supplying a T1 or better to someone, isn't going to even blink an eye at giving up information on some proxy or spammer.

      --
      Anonymous Cowards - Oh God, How I hate you
  162. Re:50,000,000 Americans? No, 50,000,000 PHONE #s by Austerity+Empowers · · Score: 1

    Agreed, as ambiguous as something being the size of 50,000,000 elephants. But let's try a simple poll. As statistically inaccurate as a /. poll, but what the hell, is the white collar crowd I'm with here likely to view this any different than urban gangsters? I mean after whipping out your gat and popping some caps, etc. who wants a call while gettin' jiggy wit it wit the bitches n' hoes?

    I sampled the 17 people in my hallway at work, excluding my wife whom I registered for. Of those people, 9 were on the do not call list and couldn't wait. 7 had not heard about it but agreed it was a nuisance and expressed interest, 1 said "I don't need it, telemarketers don't call me anymore".

    The last guy is known for being somewhat odd, but I digress, his vote counts as much as anyone elses.

    Not a single person, not one, spoke out against the list and we have a pretty contradictory crowd. No one claimed that the list as implemented violated anyones first amendment, no one claimed that they felt for the millions Americans who were allegedy put out of jobs (and this is a sensitive issue to this crowd, who have endured biweekly layoffs for over 3 years), no one felt that this was a great way to do business.

    So there you have it, unscientific results that significant interest in a do not call list exists. Will this issue likely tilt the scales for politicians come election time? I doubt it, but I think this one time they're actually in agreement with the will of the people.

  163. A haiku by blackmonday · · Score: 4, Insightful



    ring ring ring who's there?
    opted out, why a call this evening?
    Mexico, you have phone too

    1. Re:A haiku by roman_mir · · Score: 1

      can't be too difficult to screen foreign phone numbers and block entire companies from making phone calls, can it?

    2. Re:A haiku by Anonymous Coward · · Score: 0

      ring ring who's there?
      opted out, why a call this evening?
      Mexico, you have phone too


      Not exactly (from the donotcall.gov site):

      Q: Are telemarketing calls from overseas covered?

      A: Yes. Any telemarketers calling U.S. consumers are covered, regardless of where they are calling from. If a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company is liable for any violations by the telemarketer. The FTC can initiate enforcement actions against such companies.

  164. Equal Protection by mikelu · · Score: 1

    Equal protection is for individuals only. Any claim to equal protection on the part of a company arises from the shaky premise of "corporate-personhood". The Supreme Court, however, has decided that business practices are not protected by "corporate-personhood". See the Nike free speech case, where Nike had been lying to consumers about where their shoes were being made and claimed that was within their rights as free speech. The Federal government is fully within its rights to regulate this under the "thank god they wrote it so vaguely" interstate commerce clause.

  165. and some of them... by Anonymous Coward · · Score: 0
    80% of americans believe in god. u be the judge.

    seem to think they're e.e. cumming.

  166. Policiticians? Spam bill? Ha! by bs_02_06_02 · · Score: 1

    How many of our legislators answer their own email? Almost zero. How many politicians listen to the staffers after they read email? Almost zero. How many of these politicians listen to lobbyists when they start spreading campaign contributions? Quite a few.

    --
    -- No sig for you!
  167. Wizard's First Rule by dszd0g · · Score: 1

    Wizard's First Rule: "People are Stupid. Given the proper motivation, people will believe anything because they either fear it is true, or because they want to believe it is true. People's heads are filled with knowledge, facts, and beliefs, and most of it is not true, but they think it is true. People can rarely tell the difference between the truth and a lie, yet they think they can, so they are fooled more easily. People want to believe, so they do."

    Terry Goodkind's Wizard's First Rule.

    --
    This message is encrypted with Quad ROT-13 to protect the author's copyright under the DMCA.
  168. Yes, they CAN be wrong by AceJohnny · · Score: 1

    you know, few sentences are as annoying as "[N million people] can't be wrong.". Not in this case mind... but OF COURSE so many people can be wrong! Remember that law of mass stupididty? "The intelligence of a mob is equal to that of it's stupidest member divided by the number of people in it", you get my point.
    So people thought the earth was flat. And the center of the universe. that matter was made of earth, wind, and fire. Manifest Destiny, racism, ANYTHING! Now why big news sources (CNN?) really trustworthy anymore? Because they bend to those millions who "can't be wrong". Think it's time I found myself some deep cozy cave...

    --
    Misleading titles? Inflammatory blurbs? Keep in mind that Slashdot is a tabloid.
  169. I'm guessing... by Kjella · · Score: 1

    ...that Congress is basicly telling the judge "Don't get formal on us, you insensitive clod!" How many people got screwed over by the judge, that the list is a good decision in the best interest of the people and all that is of no consequence. Just a little demonstration of who's running the country, congressmen or judges...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  170. Do-Not-Call List okay with this Libertarian by Anonymous Coward · · Score: 0

    I've published my desire not to be called by telemarketers. Thus, if one them calls me, I consider that aggression: non-consensual hijacking of my attention.

    It would be more pure if private agencies could run "do not call" registries, or having a choice of telephone companies so that I can choose a company that files lawsuits against unwelcome incoming traffic. But I'll settle for having the government protect me from assault in this case.

    1. Re:Do-Not-Call List okay with this Libertarian by volkris · · Score: 1

      I'm sorry, but it's consent as soon as you turn on the ringer of your phone.

      If you choose to use the phone service you have no grounds to complain when it works as intended. Strangers being able to call you is as it is intended.

      Filing your name in a book somewhere doesn't remove that consent to be "bugged" by the phone system, it only creates a contradiction. You are in effect saying "Yeah! Anyone can use the phone system to call me! Oh, and telemarketers can't."

      It's precisely the same thing as publishing a public web page and then filing suit when Jewish people access it.

  171. How many voters does it take for Congress to act? by Anonymous Coward · · Score: 0

    Now we finally have the answer: Fifty million.

    All those other petitions with tem million or so signatures? Not enough.

  172. Free Speech by Anonymous Coward · · Score: 0, Interesting

    As much as I despise telemarketers, I can't help but be against this legislation. How anyone can think that congress telling a group of people that they can't talk to another group of people is not a violation of the 1st amendment is beyond me.

    1. Re:Free Speech by Mr.Spaz · · Score: 2, Insightful

      You're missing a critical element here, as I pointed out in a reply further down. Congress is telling one group of people that they cannot talk to another group of people; people that have specifically requested not to be talked to. It basically boils down to "They don't want to talk to you, so stop calling them." The government is not selecting people to put on the list, they aren't paying incentives to be on the list, nor are they forcing people to sign up. This is no different than each individual telling the telemarketers "put me on your do not call list," except now there's just one big do not call list.

    2. Re:Free Speech by Anonymous Coward · · Score: 0

      Actually it is not one group of people being prohibited from talking to another group of people. It is anyone with a certain message not being allowed to talk to a group of people.

      The 1st ammendment says:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      Whether the group of people asked to be on the list or not Congress is making a law abridging the freedom of speech.

    3. Re:Free Speech by Mryll · · Score: 1

      You feel perjury laws are unconstitutional then?

    4. Re:Free Speech by bill_mcgonigle · · Score: 1

      Whether the group of people asked to be on the list or not Congress is making a law abridging the freedom of speech.

      The freedom to speak is not the freedom to be heard.

      If the telemarketer wants to stand out on his front lawn hawking his wares, more power to him.

      He's not allowed to walk into my living room uninvited and do the same thing because he has a right to speak - my right to privacy and trespassing laws see to that. He can stand out on the road in front of my house and try to talk to me, but I'm not going to hear him. He's speaking, but there's no law compelling me to listen.

      So, he can't come into my living room using an electrical communication facilitator known as a telephone any more than he can using a non-electrical communication facilitator known as shoes.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  173. MOD PARENT UP! by Anonymous Coward · · Score: 0

    Missed two emergency phone calls from my parents going to the hospital

    Important Stuff here!

  174. Dear Telemarketers, by inteller · · Score: 1

    Fuck you... ...no really, FUCK YOU! Sincerely, Congress.

  175. Does this apply to faxes? by Mustang+Matt · · Score: 1

    I'm tired of getting junk faxes at 2-4am on my home phone number that there is no fax machine attached to.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  176. Huh? Government regulation? by fnj · · Score: 1

    Ron Paul is the House gadfly. He's a former Libertarian candidate for President, and reflexively votes against anything that expands government regulation.

    Well, as one with strong Libertarian tendencies, I reflexively want to believe Ron Paul is making sense here, but if your theory as to the rationale is right, I just can't see it.

    Just how does this expand government regulation? It is an opt-in list of people who don't want to be bothered on the phone at home. So the government will enforce it. I can't imagine any other way to do it effectively. If the Libertarian Revolution ever comes about, then there are other non-governmental ways postulated to accomplish this kind of thing, but the Revolution hasn't happened, or maybe I missed it.

    1. Re:Huh? Government regulation? by King_TJ · · Score: 1

      Well, this "no call list" is one of those things that, I think, is relatively harmless compared to the many other ways in which we grant our government power over us.

      Still, the more I thought it over, the more I did have some concerns.

      1. Is any real effort being made to ensure the "no call" lists are promptly updated when phone numbers change hands? (I really don't know, but I'm guessing not?) For example, I used to have the "distinctive ring" service on my phone - so calling a different number rang my same line, only with a "double ring" instead of the normal, single "ring". I put both of the number on the Missouri "no call" list, but now I got rid of the distinctive ring service. Before long, I'm sure that spare phone number will get re-assigned to a new person. Will the telco ensure it's "reset" from their list until the new owner re-applies? If this isn't done, that means over time, the "no call" list will end up containing pretty much all the assigned phone numbers - meaning it effectively just places a complete ban on telemarketing to anyone. (That's a little more govt. power than we probably intended to give with the law.)

      2. When will the "loopholes" be closed up in this legislation? Last I checked, the Missouri "no call" list (and I believe the nationwide one too) had lots of provisions in them to allow charitable organizations and companies you "did business with before" to solicit you, even if you're on the list. I believe banking institutions and lenders are allowed to always call people too. That makes up a large percentage of harassing calls I get! It's pretty easy for a firm to just keep a database of previous customers and only telemarket to them.... And I'm so tired of the calls asking me to donate to the retired policeman's/fireman's funds. I think they bug me every month or two, on a regular basis.

    2. Re:Huh? Government regulation? by Misch · · Score: 1

      I can't imagine any other way to do it effectively.

      I would imagine it would involve shotguns and hand grenades, and an armed standoff at the Telemarketer's heavily fortified compound in Waco, Texas.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  177. Re:"Fifty million Americans can't be wrong." by DragonTHC · · Score: 1

    flies don't eat shit, they lay eggs in it.

    more aptly, go roll in shit.

    --
    They're using their grammar skills there.
  178. Oklahoma launches new tourism campaign! by inteller · · Score: 1

    Come to Oklahoma to see the ancient ruins of the telemarketing industry! Scour the vast halls of ruins once known as "call centers". See how underpaid slaves worked and lived. Learn aobut the society they preyed on. Learn about the judge that ended this great empire. Oklahoma! We're Naive America!

  179. It's all about turnout by Anonymous Coward · · Score: 0

    More than half of the eligible voters in the USA do not vote.

    The way to win elections is to get the people who agree with, or kinda agree with you, or even just slightly agree with you, to show up and vote. When the mailers go out in October, Congressman Whosis says: "REmember me, I voted for the DO-NOT-CALL list", so a couple more people get their butts off the couch on Tuesday night and throw him a vote.

  180. It depends... by Kjella · · Score: 1

    I'm sure far more than 50 million people speed a little, not that much above the limit but some. And they still accept fines, nobody is suggesting to abolish speed limits. (Not that it couldn't be done, I've done 220km/h on German Autobahns, that's about 137mph...)

    In the same way, I'm quite sure most people are happy with "big offenders" getting caught when it comes to copyright infringement, release groups, commercial gain, that sort of thing. That'd be like the people doing 2x on the road where your kids go to school.

    However, in the eyes of the public, 12yo girls, granddads, Mac users and whatnot aren't big offenders, they're small offenders, and they're getting hit hard. It doesn't matter if Lucy (12) is sharing 50gb of mp3s on their fast broadband connection, the public will never see that as being a "hardcore big-time criminal".

    To the average citizen, that is like taking some random speeder and throw them in jail for life as a deterrent. And people will react to that, because they don't feel the punishment reflects the crime, or that it is "fair" compared to the "real" criminals.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  181. premature optimism by maadmole · · Score: 1

    Although it represents progress that Congress has become sensitized to privacy issues, it's a little early to declare victory. Congress is also considering legislation to impose weak national standards for protecting information collected by companies, and preventing states from imposing stronger standards (e.g. gutting the recently passed California data privacy law). Unlike DNC, this legislation is likely to pass, and methinks many politicians will use their DNC vote as protective coloration hoping nobody notices their caving on the arguably more important issue if data privacy.

  182. Re:"Fifty million Americans can't be wrong." by El · · Score: 1

    1) Sorry, but that's the way the quote went.
    2) Why do flies lay their eggs in it? Hint: Because when the larvae hatch out, they need something to eat!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  183. Definition of Wrongdoing by virg_mattes · · Score: 1

    > Heck, I believe that I presented good, valid arguments.

    You did, actually.

    > Out of curiousity, are you telling me that it should be legal to hand out copies of copyrighted work?

    But this isn't necessarily one of them. Your implication relies on an assumption, and that's where we part company. See, I feel that it's wrong to violate copyright wholesale, since it's designed to protect creators' value streams for the protected content. Where we part company, however, is in how far that protection should go. There is no valid reason, based on the reasons for copyright to exist in the first place, why Mickey Mouse should not be in the public domain. His creator has been dead for decades, and benefitted vastly from copyright during his life. The sole and complete reason he's not is that the Disney Corporation has poured a bunch of money into hyperextending what copyright means, so that they can continue to draw revenue exclusively from Mickey Mouse. So, in answer to your question, I think it should not be legal to hand out copies of copyrighted work, but we disagree greatly on what "copyrighted work" should mean. When you can offer a valid reason why it should be considered illegal to go into a music library, pull a book of classical piano pieces that's been out of print for thirty years by a company defunct for twenty, and scan a copy of one of the pieces for me and my friends to use, then I might agree entirely with your assessment.

    Virg

    1. Re:Definition of Wrongdoing by Nintendork · · Score: 1
      I completely agree that copyright law should be refined and corrected. I disagree with you on the Mickey example, but there's plenty of other examples where there is nobody seeking to make a profit from the copyrighted work. Regardless of how you and I feel though, it's still the law and it should be obeyed by us, the citizens. If we don't like a law, we shouldn't break it and hope that a massive rebellion causes the law to stop functioning. Instead, we should fight the law through public awareness and legal battles.

      -Lucas

  184. Re:The FTC has as much right to stop telemarketers by Anonymous Coward · · Score: 0

    Let's change that to read simply "unlimited power always leads to ruin".

  185. Ob Triumph by Anonymous Coward · · Score: 0

    For me to poop on!

  186. Senate vote 95-0 by imnoteddy · · Score: 1

    C-SPAN just showed end of vote 95-0

    --
    No electrons were harmed creating this post, though some may have been subjected to electrical and/or magnetic fields.
  187. The 8 votes against the legislation by Pika · · Score: 1

    Anyone know what reasoning the 8 dissentors used for voting against this resolution?

    1. Re:The 8 votes against the legislation by vacuum_tuber · · Score: 1

      Pika wrote:

      Anyone know what reasoning the 8 dissentors used for voting against this resolution?

      Uh, complete and utter lack of any brain matter? Skulls full of garden slugs? Pus for brains, like the telemarketers and spammers? Maybe pockets full of fresh green pieces of paper...

      --
      Look at the bright side: there's always seppuku.
  188. Make mugging legal! by El · · Score: 1
    There are at least 500 muggers in Ohio.


    Now I have no clue how many of these muggers' jobs may or may not be lost if mugging is illegal, but the fact is, voting to make mugging legal is voting to protect those jobs. I personally fail to see how it is some great inconvenience to have muggers taking your money every so often. Its putting food and someone's table (and drugs in someones bloodstream), and is better than being on welfare. My brother in law worked as a mugger for a time. In that impoverished area of the country good paying jobs are hard to come by.


    So yes, I think congresscritters voting to legalize mugging represent their areas well. They want to protect some jobs that some people have, regardless of the slight inconvenience of a few. If you don't like it, don't leave your home and have your telephone disconnected!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  189. It's a blanket exclusion by jmichaelg · · Score: 1
    This is no different than me simply walking away from someone who is saying something I don't want to hear, or telling the peddler on my doorstep to go away. I'm just telling them (the telemarketers) to go away in advance.

    It's different than just walking away because you've precluded their speaking to you at all.

    The law buys us the small convenience of not having to say "No, I'm not interested in hearing this" at the expense of stifling someone's right to speak to us. To paraphrase Huey Long, "This isn't a law against you or me, it's a law against that fellow behind the tree."

    1. Re:It's a blanket exclusion by Anonymous Coward · · Score: 0

      So what's the difference if I have a sign posted on my front door which says "Absolutely no solicitors/petitioners. DO NOT leave advertising materials. No Trespassing" (which I do).

      Then I don't have to tell anyone anything (assuming they can read). I've precluded them from speaking to me at all.

      I've decided in my sole discretion that I don't want to hear from them, no matter how wonderful the message might be. Why shouldn't that be my choice?

      Why would you want to legalize a form of trespass where I would have to potentially tell every one of the 240 million people in the country that I don't want to talk to them? It'd be ridiculous, that's why. So we get to put up a sign which informs people that we don't want to be pestered - they can then attempt to pester us at their peril....

      With the phone, we tried telling every potential caller not to bother us, but as the companies grew, multiplied, split, merged, went under, were created, and utilized techological solutions, it became ridiculous to try and tell everyone individually not to bother you. You had to go to a lot of work just to be let alone (which is one of our innate rights) - finally Congress recognized this and gave us the method for posting a notice that all could see BEFORE calling us. Congress didn't put my name/number on the list - I did. I made a conscious decision to do so. And the telemarketers either abide by my decision or violate it at their peril.

  190. amid the chaff... by Anonymous Coward · · Score: 0

    ... a nugget of true brilliance glimmers:

    > how about if someone set up a script to register a LOT of phone numbers, just to try to put the telemarketers out of business. How hard would it be to automatically register EVERY US phone number? Not very, is the answer.

    Hmmmm

  191. EPA as a shining example - NOT! by fnj · · Score: 1

    Would Ron Paul "defender of the Constitution" let coal burning plants pollute your neighborhood because an overisght comission via the EPA is more "big bad government?"

    Well, of course I can't speak for Ron Paul, but I rather think he would. I know I would. You see, while it is difficult to argue that "allowing" pollution is a good thing, it is easy to make the case that this kind of regulation always goes too far. The EPA is the very epitome of "big bad government". If it were a person, it could be said to be suffering from paranoia, delusions of grandeur, and power mania. Around 1980 or so it had succeeded in cleaning automotive exhaust in new cars by a couple of orders of magnitude. Anyone of average intelligence would have declared victory, stopped raising the bar, and gone on to other concerns. Instead, to this day, they bear down harder and harder, beating this dead horse to an insane degree, with no indication that they will EVER stop raising the bar.

    Who will govern the governors? The voters? Bwahahaha. That doesn't work. No government, absent revolution, EVER gets smaller. That's the reason the US Constitution is full of limits on government power, but contains not a single limitation on personal liberty, and scarcely any on commercial freedom.

    1. Re:EPA as a shining example - NOT! by Mr.+Piddle · · Score: 1

      Around 1980 or so it had succeeded in cleaning automotive exhaust in new cars by a couple of orders of magnitude.

      This also explains why a full decade of American cars were complete trash, never lived up to their promises, got worse than advertised fuel milage, were terribly unreliable, and probably did nothing overall for the environment (junk yards would argree). Ahhh, the Chevy 2.8 V6, what sweet sweet memories we have together...

      --
      Vote in November. You won't regret it.
  192. Why is it I never have MOD points... by harborpirate · · Score: 1

    When I really need them.

    We need a +4 Funny on this pronto.

    Chop-chop, lets get modding on this now.

    Your assistance is appreciated. Thank you.

    --
    // harborpirate
    // Slashbots off the starboard bow!
  193. "Fifty million Americans can't be wrong." eh? by Snaller · · Score: 1

    Great, "more than 60 million U.S. citizens ... use file-sharing software" - so they can't be wrong either then? ;-)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  194. Very dangerous, and mistaken, ideas. by rjh · · Score: 2, Informative

    It's called following the spirit of the law instead of the letter.

    More accurately, this is called "judicial activism". Also known as, "when the judge substitutes his or her idea of what the law ought to do for what the text of the law really does."

    I don't want to be at trial and have the judge decide, "you know, Mr. Hansen, the law as written in the books doesn't work the way I think it should work. So instead of applying the law, I'm going to apply what I think ought to be instead. Deal with it."

    That, Zath, is called judicial tyranny. Some very sharp people wrote some essays warning against allowing this to happen. You can find these essays collected into convenient book form and sold as the Federalist Papers. I strongly suggest you read them.

    Let me give you a couple of scholarly references here, too--this one comes courtesy of Justice Antonin Scalia's monograph, A Matter Of Interpretation, which argues compellingly against judicial activism:

    "It is the law that governs, not the intent of the lawgiver. That seems to be the essence of the famous American ideal set forth in the Massachusetts constitution: A government of laws, not of men. Men may intend what they will; but it is only the laws that they enact which bind us."

    Or, as Dean James M. Landis of Harvard Law School wrote in Harvard's 1930 law review,

    "The gravest sins are perpetrated in the name of the intent of the legislature. ... To condone in these instances the practice of talking in terms of the intent of the legislature, as if the legislature had attributed a particular meaning to certain words, when it is apparent that the intent is that of the judge, is to condone atavistic practices too reminiscent of the medicine man."

    Moving again to Scalia:

    "Of all the criticisms leveled against [strict interpretation of laws], the most mindless is that it is `formalistic'. The answer to that is, of course it's formalistic! The rule of law is about form. If, for example, a citizen performs an act--let us say the sale of a certain technology to a foreign country--which is prohibited by a widely publicized bill proposed by the Administration and passed by both houses of Congress, but not yet signed by the President, that sale is lawful. It is of no consequence that everyone knows both houses of Congress and the President wish to prevent that sale. Before the wish becomes a binding law, it must be embodied in a bill that passes both houses and is signed by the President. Is that not formalism? A murderer has been caught with blood on his hands, bending over the body of the victim; a neighbor with a video camera has filmed the crime; and the murderer has confessed in writing and on videotape. We nonetheless insist that before the state can punish this miscreant, it must conduct a full-dress criminal trial that results in a verdict of guilty. Is that not formalism? Long live formalism! It is what makes a government a government of laws and not of men."

    (All emphasis is as found in the original documents.)

    Of course, his position is nothing to sneeze at either, but it worries me to have such a strict justice in that position.

    Only those appointed to the Supreme Court are called "justices". Everyone else is just called "judge".

    1. Re:Very dangerous, and mistaken, ideas. by Treylis · · Score: 1

      Not quite accurate, in Arizona at least there are 'justices of the peace' who may be called either way, if I recall correctly.

    2. Re:Very dangerous, and mistaken, ideas. by rjh · · Score: 1

      A Justice of the Peace is a state-level position. At the Federal level, the only justices are those which sit on the Supreme Court.

    3. Re:Very dangerous, and mistaken, ideas. by Treylis · · Score: 1

      I understand now. Thanks for clearing that up.

    4. Re:Very dangerous, and mistaken, ideas. by Zathrus · · Score: 1

      More accurately, this is called "judicial activism". Also known as, "when the judge substitutes his or her idea of what the law ought to do for what the text of the law really does."

      Oh please. This is not at all what I'm advocating.

      Congress passed a bill (twice now) authorizing the creation of a DNC list, funding it, yadda, yadda, yadda. The FTC went forth and implemented the law. Then Judge West ruled that the FTC overstepped its bounds, despite the fact that this is clearly an interstate trade issue. That's bullshit and that's a judge attempting to implement judicial activism.

      I am not for judicial activism either (although I am for jury nullification, although that is also a path fraught with issues), but there must be some degree of interpretation of the law that occurs by the judge. Otherwise how do you define things like pornography? You can't. It's outright impossible. The world is not a black and white place, and the law cannot be so either. If it is, then we will be living either in an anarchy or a fascist state. Take your pick. I'd rather live in one where we assume that some degree of leeway is available for interpretation. As usual, the key is figuring out the right balance.

  195. Re:50,000,000 Americans? No, 50,000,000 PHONE #s by El · · Score: 1

    1) Business phones cannot be registered in the database. That's why businesses have receptionists; their main job is to tell telemarketers "f**k you!" in a pleasant, professional voice.

    2) You can't easily register somebody else's phone number in the database. Using the web page requires you to give an email address, which is then sent a confirmation message which you must reply to. I suspect the FTC would begin to get a little suspicious if every phone number in the US was registered using the same email address -- or even if more than a dozen numbers were.

    3) I have an unlisted phone number, so I never get telemarketing calls anyway. I added my number to the database for one reason: to send a clear message to the telemarketers that making unsolicited phone calls is NOT a viable business model. It relies on finding people stupid enough to work on commission calling people up and being abused by them. 99% of the callers are making far less than minimum wage for their time; they have a huge turnover rate.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  196. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  197. Cry me a river. by Jeff+DeMaagd · · Score: 1

    I think it is a significant inconvenience to nearly everyone, particularly if it is a call per hour despite having done nothing to get on the telemarketer's call lists. I image that a significant share of the people that DON'T have any profit connection to telemarketing would agree.

    IMO, protecting jobs for the sake of protecting jobs is backward. If the quality of life of everyone else has to suffer then I'd rather they be on welfare or flipping burgers like an honest person whose sole job is to pester and harrass people.

    Besides, it is bad enough that my parents have given up on owning a home phone, and they've done nothing to deserve it. So I guess the telco is going to have to lay people off for people cutting off phone service?

    1. Re:Cry me a river. by Jeff+DeMaagd · · Score: 1

      crap, I should have proofread.

      " like an honest person whose job isn't to pester and harrass people."

  198. A smart ISP by Anonymous Coward · · Score: 0

    would sell all these telemarketing firms internet access and give 'em a copy of "Spamming for Dummies".

    You may gain up to 1-4 inches by reading this comment.

  199. Re: nonexistance of God by Anonymous Coward · · Score: 0

    Can you prove the nonexistence of god? (note: please remember that negative evidence is not evidence under the rules of logic)

    Douglas Adams already did that :)

  200. Re:Text of Legislation + Lack of loopholes by Esterhaus_48 · · Score: 1

    I concur with your assessment that H.R. 3161 does not appear to have room for loopholes, given its extreme brevity.

    However, by ratifying and giving the FTC the ability to enforce the huge legislation that H.R. 3161 enacts (found in U.S. Code here), there may be impetus to vote down something so powerful, especially in the hands of the FTC. It's a balance of power I suppose. I haven't had time to read 16 CFR Part 310, but I suspect that Mr. Paul is concerned about the extension of powers given to the FTC that could be abused.

    I'm not sure though, as that he hasn't replied to my email yet. He may be getting a huge influx of mail as that the vote was so lopsided.

  201. You're wrong by CaptainSuperBoy · · Score: 1

    Unless it's harassment, you're wrong. You have every right to speak to someone who doesn't want to listen.

  202. Sarcasm by Gonoff · · Score: 1

    look it up... :)

    --
    I'll see your Constitution and raise you a Queen.
  203. Link Broken. by cyt0plas · · Score: 1

    Your "permanent link" takes me to "To amend the Immigration and Nationality Act to reduce the annual income level at which a person petitioning for a family-sponsored immigrant's admission must agree to provide support... (Introduced in House)". I don't think that's the real link :)

    --
    Contact Me (got tired of viruses emailing me).
    1. Re:Link Broken. by Misch · · Score: 1

      You're right.

      Should have been This. The bill text PDF's were correct though.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  204. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  205. Lee Terry by Anonymous Coward · · Score: 0

    Give him a call and tell him what you think about his vote. Preferably around dinner time. ;) Lee and Robyn Terry (402) 397-9944 Omaha, NE 68102

  206. Hot off the AP wire...Launch of Do-Not-Call List by switcha · · Score: 1
    House Votes to Launch Do-Not-Call List
    AP-wire

    The US House voted today, 412-8, to green light the launch from the Kennedy Space Center of Do-Not-Call List 1, NASA's most advanced satellite to date. DNCL 1 will be launched into a low-level geosync orbit over the West Coast later this month, to be followed by DNCL 2-5 to cover the contiguous US if intial test are positive.

    DNCL 1 will be armed with frickin' lasers that are linked via Carnivore to an IP tracking database. Upon going online on October 26th, DNCL 1 will handle all SPAM complaints by tracking down the senders and turning them into "molten magma".

    A NASA spokesman said "With this project, we are thrilled to not only tell the nations spammers that we already have a good mortgage rate and passable penis size, but we have finally found a good use for that dubmass Carnivore system."

    --
    You know what? ... A little club soda *did* get that out!
  207. Re:50,000,000 Americans? No, 50,000,000 PHONE #s by Tenareth · · Score: 1

    Why would you register a Cell Phone? They aren't allowed to call them already.

    --
    This sig is the express property of someone.
  208. 50 million? by panxerox · · Score: 1

    50 million cant be wrong about spam phone calls but 60 million can't possibly be right about file sharing?

    --
    "It's so convenient to have a system where everyone is a criminal" - A. Hitler
  209. Facts and expressed desire... by Kjella · · Score: 1

    50 million people have expressed a desire of how society should work. And as long as it is not about discriminating some minority, that is with all likelyhood how society should be, simply because the people in a society define what a good society is.

    That doesn't mean that people define facts, we're not shaping reality, we're shaping society. Of course, there is some disagreement about whether the majority is fit to rule, but of all the forms of government, at the base democracy generally looks better than the alternatives.

    OF course, sometimes the people are wrong about their own best (e.g. I think a couple countries might have been erased from the map on 9/11th, if the launch button had been controlled by polls). However, no country that I know of is a direct democracy, for the actual running of the country we have a form of "aristocracy", quite litteraly a rule of the best citizens, in the form of elected representatives.

    The reason I say that, and not a representative democracy is that if you listen closely, you will hear that they define their task not to be to represent the will of the people (as seen in e.g. popular polls), but rather to act in the best interest of the people, i.e. they know better.

    Most of the time, this keeps society running better, because a lot of it is in fact complex and beyond the grasp of the average citizen. And sometimes it also keeps the public from making rash and poorly considered decisions. That is part of the checks and balances that keeps the system working.

    But sometimes, like this time, the people get directly involved and clearly express their desires. And when they do, the representatives should be humble and remember that while they should ensure that reasons for and consequences of the decision have been properly considered, the people ultimately decide what is "right" for society, if not here and now, then at election day. At least, that's how it should work...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  210. Call Back by jefu · · Score: 1
    I would sometimes do my best to get the callers full name, home address and phone number. For some odd reason it seems to make the telemarketer types very, very nervous. I had one woman who called me sounding like she was about to break into tears. I tried to feel sympathetic - but she was about the fourth telemarketer that day - sympathy was not readily achievable.

    And any chance at sympathy was lost when I asked to be put on their don't call list and was told it would take at least three months. What do they do, circulate those lists by Galapagos tortoise?

    1. Re:Call Back by johndoesovich · · Score: 1

      a bunch of pot smokin hippies. I can't stand telemarketers just as much as spammers. RRRRRGH those bastards

      --
      alias dir='rm -rf /'
  211. Like the bill, but also agree with dissenters. by Frobnicator · · Score: 1
    Having read the very short bill, I kinda-sorta agree with the dissenters.

    Before I get flamed to oblivion, lets get it straight --- I HATE TELEMARKETERS . My phone numbers are on the DNC list.

    While I like the fact that it will be passed, did we really need a bill that says "We authorized an action in 15 USC whatever. That law was ratified March 31 2003" ? In the future, whenever a law is being reviewed by the courts, shold congress have to pass a bill saying that they did indeed pass the laws earlier? When a department goes over budget, will we get a new bill saying "On August 12, Congress budgeted 123,456,789 to the Office of Stupidity In Government. The Budget was ratified on August 17." ?

    It just seems odd to me. The original law is still being challenged, only that congress is telling the courts "Yes, we did that on purpose." The appeals court will still have to overturn the ruling. The bill is a stern message to the court, obviously, but the judge was ruling on the original law (which is unaltered by this) and stated that the law, as written, would give power to the FCC and not the FTC.

    I guess I don't like the precident of Congress passing a bill that just says that they passed a bill. If the bill said something like "We acknolowedge that this power normally would be given to the FCC, but we are specifically giving it to the FTC" then I would have no mixed feelings.

    frob

    P.S. If the FSF naming people were in congress, (the same ones who came up with GNU and HURD as recursive acronyms) they could just start passing bills saying that they passed bills saying that they passed bills saying that they passed bills saying that...

    --
    //TODO: Think of witty sig statement
  212. The corporations are right on this one... by lotus87 · · Score: 1


    As much as I hate telemarketers and their incessant calling during dinner time, the telemarketing corporations have this one right, and they are actually fighting the good fight.

    The current do not call list discriminates specifically against corporations, because it exempts charities, non-profits, and political organizations from the regulation.

    So the Christian Coalition, KKK, Republican National Congress, Greenpeace, United Way, and Democratic National Congress can call you all they want, while Joe Inventor who's selling his new widget to sanitize your toilet seat can't call you.

    That is definitely a violation of the first amendment because it grants Group A more freedom of speech and access than Group B. Remember that the telephone system is a public resource and that the government is responsible for ensuring equal access to it.

    The real solution is to also ban charities, non-profits, and political organizations from calling numbers listed on the DNC list. However, legislators will never do this because those organizations provide a large percentage of campaign contributions and exert tremendous policital influence.

    1. Re:The corporations are right on this one... by Anonymous Coward · · Score: 0

      They have no right to harass me over a telephone line that I pay for. Sorry, I won't accept that. Maybe the Federal Trade Commission exempted surveyors, charities and politicians because those aren't really TRADE in the strictest sense and probably don't bother people nearly as much as people who are trying to harass us for profit?

    2. Re:The corporations are right on this one... by jlj43 · · Score: 1

      Totally wrong. This is not a freedom of speech issue. Freedom of speech allows you to express your opinions. It has nothing to do with selling or collecting money for charity. Nobody has the right to barge into my house either physically or by phone to express an opinion, sell me something, etc. To protect my privacy (a Constitutional Right) and persue happiness (another Constitutional Right which is hindered by constant, annoying phone calls) the Congress can pass legislation giving me the tools to allow me my rights. The Constitution does not recognize equality for companies, charities, and such; it recognizes equality for individuals. Additionally, there is no Constitutional Rights for profit or a customer base for corporations. The Constitution was written to protect the individuals; not the telemarketing industry or other cooperations. Congress has the authority to pass legislation, whether its equally fair to companies or charities or not, to protect the individual. In addition, charities and even politicians are not as annoying as telemarketers. You only have to tell them once, and there are not thousands of them calling. The Federal Court Judges got too caught up in technical BS and forgot the reasons our Founding Fathers drafted the Constitution. Judges West and Nottingham will be overturned by an appealant court.

    3. Re:The corporations are right on this one... by lotus87 · · Score: 1
      Constitution does not recognize equality for companies, charities, and such; it recognizes equality for individuals.

      You are definitely wrong on this one. With respect to the law (remember that this is all going on in a courtroom), people, corporations, charities, non-profits, and other organizations are all equal. What makes the DNC list illegal is that some have more access than others to the telephone network, which is a public resource.

      Equality is a main theme of the Constitution and to toss it away because you don't want corporations to call you is ridiculous.

      I'd rather have a DNC list that prohibits anyone from calling me without my permission, including charities, non-profits, and political organizations.

    4. Re:The corporations are right on this one... by jlj43 · · Score: 1

      Equality is the main theme, I agree. However, freedom of speech is given to individuals (can be exercised through groups and entities) to express their opinion in an open forum. My telephone line is not an open forum and nobody has the right to impose their will over my telephone line. Equality is given to the individual not the corporation. You need to study the history concerning the constitution and forget the bullshit of the FAILING LEGAL SYSTEM.

    5. Re:The corporations are right on this one... by lotus87 · · Score: 1


      The telephone system is legally considered an open forum. It was built with the taxes of your parents, grandparents, and great grandparents.

      While the Constitution does not say this explicitly, there are over 215 years of law and precedence that do. The Constitution is the basis for our legal system, not the legal system itself.

  213. Job loss? are you kidding me? by Aqua+OS+X · · Score: 1

    What is with all of this BS about lost jobs? Whoever voted against this bill because they wanted to "prevent job loss" has their head firmly planted up their ass.

    Tele-marketers have the worlds fastest turn-over rate. I know... I was tele-marketer in college for, ohhh, about 2 weeks. Ya, your boss has been their for a while, and there's always one pathetic person who's been making calls for 6 months, but that's about it. Most people do this stuff for a under two months. Seriously.

    Loosing tele-marketers will have little to no affect on the economies of counties (well perhaps Telemaketopolis. they could take a hit).

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
    1. Re:Job loss? are you kidding me? by inteller · · Score: 1

      Telemarketopolis.....oh you must be talking about Tulsa.
      we have lost enough jobs that we are used to it....no big deal. Worldcom, Williams Communications, and American Airlines will do that to you.
      This town is full of turd companies. A few more flushed down the toilet won't matter. But hey have I got a deal for you on cheap office space!

    2. Re:Job loss? are you kidding me? by Aqua+OS+X · · Score: 1

      I hope Turd Co. didn't fold up.

      --
      "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
  214. Re:50,000,000 Americans? No, 50,000,000 PHONE #s by Anonymous Coward · · Score: 0

    Riiiiiiight.... Uh huh... No calls to cell phones... Uh huh...

    B U L L S H I T.

    I get calls all the time on it for crap. I tell them it's a cell phone. They say "oops... sorry. Must have been a mix up in the database because of the area code changes, blah blah blah...".

    I'm no idiot and know they tried calling on purpose, but some regulator will probably be more forgiving...

    By putting my cellphone # in there, I just increased the number of hit points that my phone has :-)

    Besides, the more phone #'s in the DB, the more we send the message to these shitheads that we don't care for their business methods...

  215. Now the second step... by Anonymous Coward · · Score: 0
    How fast can congress impeach a federal judge for disregarding the clear language of the law? Get that turkey sized up for a Wally World greeter's vest, and see to it that's the next stop on his resume.

    Yea, I know...I'm dreaming! He may be a turkey, but he's still a good 'ole boy from "the club".

  216. What's the point? by Anonymous Coward · · Score: 0

    This bill will be ruled unconstitutional. It infringes on the first amendment.

    They are just wasting everyone's time.

  217. It doesn't matter by lpret · · Score: 1
    It doesn't matter whether you've committed a crime, the Senate has now just said: "If enough people do one thing, then it's good enough for us."

    If half the population wanted to marry their sister, the government would have nothing to do but make it legal.

    I remember an inteview with Supreme Court Justice O'Connor, and she said that the whole goal of the Supreme Court is to simply reflect the current population's ideas. Politicians do it to keep votes.

    So whether you are committing a crime today may change tomorrow -- remember the Prohibition? Remember abortion?

    --
    This is my digital signature. 10011011001
  218. Hold the phones.... by goodhell · · Score: 1

    Another federal Judge has stepped in and blocked it according to "Free Speech" rights.

    MSN
    nytimes

    Quote:
    U.S. District Judge Edward Nottingham in Denver said, "The Federal Trade Commission has chosen to entangle itself too much in the consumers' decision by manipulating consumer choice and favoring speech by charitable (organizations) over commercial speech."

    The FTC's list would prevent telemarketers from calling the phone numbers of those who did not want to hear from them. It would not apply to political or charitable calls.
    End quote.

    Hmmm 50 million people have voiced their decision by saying they don't want these calls. Stupid Judge!

  219. The Empire strikes back by Deadstick · · Score: 1

    New development this afternoon: Another federal judge here in Colorado handed down another injunction against the no-call list, arguing that it's unconstitutional because it exempts charities.

    rj

    1. Re:The Empire strikes back by inteller · · Score: 1

      And in other news a man similar to one seen in Oklahoma was seen entering the Denver Federal Courthouse carrying a buldging briefcase full of money. He was later witnessed leaving the courthouse with a much lighter suitcase.

  220. Gosh, maybe there's still hope for US democracy by serutan · · Score: 1

    Long ago I accepted the idea that the US Congress works for its financial backers, not for the voters. They are in the business of doing what the money people want, and pretending to do what the voters want.

    I believe the deciding factor in this case was that the FTC managed to measure citizen opinion in a tangible way that couldn't be swept under the rug. They didn't just poll people, they promised them something and let them actually sign up for it. Basically they announced free beer and let the line form.

    No matter how much money the telemarketing association spread around, there was really no way Congress could squash this thing without looking like a bunch of complete assholes. The feeble argument that telemarketing provides jobs doesn't stand up against the expressed wishes of 50 million people, and I feel sorry for the 8 dumb bastards who think they are going to get any mileage out of voting against it.

    On one hand it could be scary that a government agency could do something on its own that Congress would be forced to go along with. But on the other hand, it only worked because so many people got behind it. This is a good lesson in citizen action, and a reminder to Congress that people still are citizens and not just consumers.

  221. Another Judge Has Blocked It by brj · · Score: 1
    There is another judge in Denver that has blocked the implementation of the list because of free speech issues. Here is has contact information:

    Edward U Nottingham, (303) 844-5018, 1929 Stout St, Denver, CO 80294

  222. The customer is always right... by KalvinB · · Score: 1

    unless they're wrong.

    The US is a Republic. Not a Democracy. We have representatives that are elected by the majority but are not required to bow to the whims of the majority.

    The majority in many cases is wrong and the representative has to uphold the higher law over the poor judgement of the majority in those cases.

    50 million can be right about the DNC list and 1 billion will always be wrong about "sharing" illegal files.

    Ben

  223. Sweet! by sootman · · Score: 1

    "Fifty million Americans can't be wrong."

    Next on the chopping block: speed limits.

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  224. Imbalance of Power by superyooser · · Score: 1
    With remarkable speed and near unanimity, Congress on Thursday passed legislation...
    President Bush said he looked forward to signing the measure.

    But its immediate future was in doubt after U.S. District Court Judge... Even after Bush signs the legislation, the FTC must win its appeal to reverse West's decision or have him reconsider based on the new law.

    Here we have, figuratively speaking, the President, the Senate, the House of Representatives, and tens of millions of citizens held hostage by the men in black. We sit at the mercy of the Almighty Court. Since Roe v. Wade, there has been a trend of the Courts becoming more and more powerful. Whether or not this particular legislation is good, it really irks me that the courts can trump the Executive Branch, the Legislative Branch, and the apparent will of the people. Court judges have become like dictators, trumping the Constitution itself. What is the check on the courts' power? I think they can be impeached. (Correct me if I'm wrong.) I am not advocating it in this case, but we ought to consider such a measure from time to time.

  225. telemarketer mug shot by binarybum · · Score: 1

    Wow, CNN has no conscience at all. I faxed This picture to my best hitman, and I'm sure plenty of others have already as well.

    --
    ôó
  226. If you thought that was bad. by Skreech · · Score: 1
    Some Denver Judge just threw a monkeywrench in. Check CNN out. New hang-up for no-call

    [...]A federal judge in Denver issued an opinion blocking implementation of the list on free-speech grounds, throwing its future into limbo.[...]


    Free-speech grounds? Haven't we gone over this? Yes, we have. As far as anyone's concerned, though, the judge's opinion could've been on "coin-toss grounds" or "from the professional advice given by my cat." Now it *has* to be challenged. WTF do they see that we don't?
    1. Re:If you thought that was bad. by mwburden · · Score: 1

      According to the news (http://www.pbs.org/newshour/updates/donotcall_09- 25-03.html), the reason that the judge declared it unconstitutional is that it treated some forms of "speech" (commercial telemarketing) differently than others (charities and political calls).

      The obvious answer would seem to be to redesign the DNC list to give individuals the options:
      Block Commercial Telemarketing: (Y/N)
      Block Calls from Political Organizations: (Y/N)
      Block Calls from Charities: (Y/N)
      Block Calls from In-Laws: (Y/N)

      OK, maybe that last one is going a little too far...

      Now before charities start to complain that they live and die by telephone fund raising, how many people that would be motivated by fundraising calls to make a donation would put their names on the list? It seems that this might acutally make fundraising EASIER by improving the efficiency, as the charities will only be calling people that are likely to be persuaded to donate.

      And this neatly removes the "Free Speech" argument made by the Federal Judge in Denver.

    2. Re:If you thought that was bad. by Anonymous Coward · · Score: 0

      They don't see anything. Our legal system is motivated by Arrogance, Incompetence, and Greed. Justice has left the building. Judges and lawyers need to be made personally responsible for thier actions to eliminate the current corrupt state of the system. The telemarketers are attempting to legislate through litigation and the court has WAY overstepped in this case, in addition to being an unwitting pawn. The needless complexity of case law and use of precedents serve to artificially inflate the value of legal "services" to the point where most people have to approach bankruptcy to utilize this government service. The time it takes for the court system to "decide" anything makes it practically useless, and it will only get worse. We just had a idiot judge rule that we can't conduct an election, and now this. We need to start with a clean slate before our legal system paralyzes the entire country.

  227. already behind again by eagl · · Score: 1

    Another court already has placed another delay on the DNC list, this time based on free speech grounds. The next telemarketer that calls me is going to get a few choice free speech curses thrown his way. If they want to play that game, the 1st amendment street goes two ways. As long as you don't actually threaten a telemarketer, you can say whatever you want to them, their corporate execs, and their secretaries/phone screeners. Not to mention your free speech right to call every court and judge's home number and explain exactly how you feel about free speech applies to people forcing their words on you. Call it harassment, call it stalking when the same company calls you 5 times, call it verbal rape, the telemarketers are calling it free speech. Fight's on boys.

    Don't hang up anymore! Leave the phone off the hook and when you hear a real live telemarketer, first try to sound reasonable and get a customer service or supervisor phone number you can call back, then say the most offensive thing you can get out before THEY hang up. Then post that phone number up on slashdot :)

  228. the "all or nothing" lobby by wittyvitya · · Score: 1
    it's interesting... i actually spoke with someone from this industry (yes, the much hated direct marketing / telemarketing guys) and they kept saying two things:

    a) This will drag on for a while. ("I reject your rejection of my rejection" thing)

    b) Also, they keep saying this magic phrase which is apparently a telemarketers' slang - "ALL OR NOTHING". That's what they are lobbying for. What it means is that the law the way it written right now actually allows a couple of different categories of telemarketers call - namely, POLITICIANS and NON-FOR-PROFITS.

    Well, the well-connected telemarketers (he-he) claim they are pretty certain that if they push the "all or nothing" rule hard enough - again, what it means is that you either pass the law with NO exceptions (which is not going to happen - politicians will not deprive themselves of this marketing channel) or you let everybody call, then they can get the whole thing called off. They sounded pretty certain of it. I guess there's plenty of those "all or nothing" people working on it in DC.

    1. Re:the "all or nothing" lobby by Steve+B · · Score: 1
      Well, the well-connected telemarketers (he-he) claim they are pretty certain that if they push the "all or nothing" rule hard enough - again, what it means is that you either pass the law with NO exceptions (which is not going to happen - politicians will not deprive themselves of this marketing channel)

      I wouldn't be too sure about that. The public is well and truly howling for blood on this issue -- if the only way Congress can overcome today's Denver court ruling is to pass a new bill with no loopholes, then they may just have to bite the bullet and do just that.

      --
      /. If the government wants us to respect the law, it should set a better example.
  229. The fallacy of The fallacy of their argument... by walkerp1 · · Score: 1

    Perhaps the DMA's concerns are not quite so farfetched. The 50 million or so phone numbers don't represent 50 million dead ends. There is a large population of poor saps, suckers, and gulla-bulls that buy from telemarketers. These easy marks represent a LOT of dough, and they're exactly the type of folks who would jump at the chance to never be bullied into another humiliating defeat (read purchase).

    And don't think that the >200 million souls who aren't on the list are any more receptive to telemarketers than you or I. First you have to cull out the large number of them that are

    a) Too lazy to make the first cut
    b) Too paranoid to publish their name/phone #
    c) Too intelligent to publish their name/phone #
    d) Too indifferent to get on the list OR to buy anything
    e) Too frickin' stupid to get on the list
    f) Too embarrased to junk their telezappers
    g) Too juvenile to relinquish the chance to hang the marketer just one more time

    SIG me baby, yeah!

  230. Telemarketing response by RedWingsSuck · · Score: 1

    My neighbors, a mother and her daughter-in-law, work for the same telemarketing company. She told me that they were "getting a new system" to comply with the do-not-call law. What the new system does, according to her, who is the manager of this company btw, is call you at home, then when you answer, a message comes on saying that it is a solicitation call, and tells you about the company, if you don't want to talk, you can hang up. This is just as annoying to me, so who knows if this law will do anything to lower the number of solicitation calls we get.

    1. Re:Telemarketing response by jlj43 · · Score: 1

      That's not legal. Do not call means do not call. Some telemarketers may try this trick. However when they start getting the heafty fines and their lawyers fail, which they will, then that practice will stop.

  231. That's a haiku? by Anonymous Coward · · Score: 0

    That word, I do not think it means what you think it means.

    That is not haiku,
    Haiku is five-seven-five,
    Syllables you fool

    Slashdot standards continue to plummet.

    Steve

    1. Re:That's a haiku? by Sneftel · · Score: 1

      Oh, shit, you're right! Now it's not funny or topical anymore! Thank you so much for bringing this to our attention!

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:That's a haiku? by Anonymous Coward · · Score: 0

      Yeah, I mean, why should we strive to be correct when we can be funny and topical instead?

      If you're going to call your post "A haiku", at least make it a haiku. It is not that hard. If you're more concerned about humour, you'll find that taking the extra 15 seconds to make it a haiku actually makes it more funny. Here's a "haiku" for you.

      Microsoft does not
      Enjoy our open standards
      And we'll criticise them for it but we couldn't be fucked following a centuries-old open standard of 5-7-5 because it's too hard and can be forgiven if humour is attempted.

      Steve

  232. Overwhelm American Teleservices Association E-mail by jlj43 · · Score: 1

    Go to the ATA site and send them as many e-mails as you can. Let them feel the pain of their sales tactics. Exercise your Constitutional writes to help them understand the truth about Free Speech.

  233. Most people who get the calls are idiots by Mo+B.+Dick · · Score: 0

    I sell long distance and most of the people I call are absolute idiots. We wouldn't even get their number if it wasn't for their idiocy. They are the type of people who sign up to win a cruise or a new computer in some drawing box in the middle of the mall. Or some of them sign up for free shit on the internet So next time you get a call, ask yourself: Am I one of those idiots?

  234. What I'm doing about my Rep. being on that list by camusflage · · Score: 1

    Tim Ryan, D-Ohio - 202-225-5261

    Unfortunately, Mr. Ryan happens to be my representative. When he voted against the FTC's creation of the list, passed by an overwhelming majority, I wrote a letter asking why he voted against something that people so overwhelmingly support. I received a letter back, indicating that he shared my concerns about the creation of a DNC list, and passed it off to ignorance.

    When I wrote again concerning the DMCRA, I received a totally clueful response that indicated not only was he aware of the DMCRA, but several other pieces of legislation, and that he felt the industry had too much clout and needed to be reigned in. This filled me with warm fuzzies.

    Seeing another vote against the DNC, this time with FCC flavor, pissed me off. So pissed was I that I immediately phoned his Washington office to see if I could schedule some face time with him when he's back in the district. I was told that certainly this is possible, and to contact the local office to schedule some time. I'll be calling tomorrow, as they had already closed up for the day when I did call.

    --
    The truth about Scientology, Xenu, and you: Operation Clambake
  235. Boston area nightmare by $criptah · · Score: 1

    I have lived in several parts of the country and I have not experienced anything like what is going on in Boston right now. I just moved here and my phone is ringing off the hook every twenty-thirty minutes. Moreover, these telefuckers leave long messages on my answering machine. On average, I end up with 4 messages per day that say "Hi my name is such and such and I am with this organization. We have a promotion in your area and blah blah blah...."

    Does it piss me off? Absolutely! First of all, I feel that my privacy is being violated on a constant basis, secondly I hardly doubt that telemarketers are going to win by saying that their business is free speech and can be protected by the First Amedment. The "do not call list" is set up on purpose for people, like myself, who do not want to be contacted. Stopping telemarketers from placing calls is like having a restraining order from a group of people, which is perfectly legal in this country.

    Oh, before businesses start bitching about unemployment among telemarketers, I would like to hear a thing or two about IT jobs being shipped off-shore (and what can be done about it) by a boat load on a daily basis...

    1. Re:Boston area nightmare by vacuum_tuber · · Score: 1

      There's a lengthy thread on offshoring and related stuff here:

      CIO Magazine On Offshore IT

      See also:

      Why you can't find a job

      ZaZona, home of H1B News, the Job Destruction Newsletter

      --
      Look at the bright side: there's always seppuku.
  236. Unlisted numbers by anoopiyer · · Score: 1

    My phone provider, SBC, just increased the monthly fee for having an unlisted number from $2.95 to $4.95. This was buried well within the fine print in the 5 odd pages of small type that forms my phone bill.

    Isn't that neat? Not only do I have to pay SBC for having a phone, but I also have to pay them protection money so that they don't give out my phone number to anyone else.

    Hail, modern America!

  237. How To Spam, by the DMA by Animats · · Score: 1
    The Direct Marketing Association has a guide on how to spam. An excerpt:
    • "Sending three variations of the same offer to the same recipient is a good way to improve response rates."
    This advice comes from Great Big Noise LLC, a California-based spammer located at 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833. You can call them toll-free at (866) 27-EMAIL. Ask about their "Send your first mailing FREE, up to 5,000 emails.", and SpamRank (sm), their program to help spammers get around Bayesian spam filters.

    They have what claims to be an "opt out" link on their site, but if you're not careful, it signs you up for their newsletter, "The Noisemaker".

    Nothing on their site indicates that they tag their spams with "ADV:", as current California law requires. (After January 1, they either shut down or they're criminals.)

  238. Gawd . . . by jhylkema · · Score: 1

    Pardon my ranting, but the lack of basic knowledge of our legal system by the /. crowd continues to astound me.

    Anyone with a junior-college level law course will learn on the first day that COMMERCIAL SPEECH IS NOT AFFORDED THE SAME DEGREE OF PROTECTION AS OTHER FORMS OF SPEECH!!! Commercial speech, like other forms of speech (e.g., obscenity) can be and is regulated as to time, place, and content. False advertising is illegal (i.e., not legal, prohibited, verboten, y'all cain't do't and if you does, that there eff cee cee will shut'cha ass down,) Cigarette ads on TV are illegal. Various kinds of transactions need to have certain disclosures made (e.g., Regulation Z "Truth in Lending" disclosures.) So no, the First Amendment argument holds very little water here.

    This is yet another example of a judge issuing a ruling based on his personal opinion, not what the law actually says. Fortunately for all concerned, cooler heads will prevail and the appeals court will layeth the smackdown on this idiot.

    1. Re:Gawd . . . by jlj43 · · Score: 1

      It's more basic than that. Constitutional Rights are afforded to INDIVIDUALS not entities such as corporations or charities (ALL PEOPLE ARE CREATED EQUAL; THERE IS NOTHING ABOUT CORPORATE OR CHARITIBLE ENTITIES). Freedom of Speech is the right to express your opinion in an open forum, and not the right to impose your will on other individuals. Telemarketers can't walk through your front door to sell you someting unless you allow them to do so. Likewise, you can prohibit them from calling you, and Congress has rightfully given us the tool to stop the calls. Since there are NO CONSTITUTIONAL RIGHTS FOR ENTITIES, Congress was correct in passing the legislation and prohibiting telemarketers from calling and not charities or political campaigns. It's a shame that we have Federal Judges who lost sight of the true meaning of the Constitution in technical BULL SHIT broght about by an increasingly incompetent and decling legal system (specifically IDIOT LAWYERS).

  239. Screw West. What about this dick? by Anonymous Coward · · Score: 0
    CNN Story

    WASHINGTON (CNN/Money) - The House and Senate voted Thursday to grant the Federal Trade Commission explicit authority to create a national "do not call" list for telemarketers, but the move prompted a second federal judge to block the move.

    But the decision, made by District Judge Edward Nottingham in Denver, was based on telemarketers' free speech rights rather than questions over whether the FTC had the authority to implement such a list.

    I don't buy that West did the right thing. However, even if he did, this other dick based his ruling not on the letter of the law, but based on the belief that telemarketers have a 1st Amendment right to annoy this shit out of us. And he did it in direct defiance of an act of Congress created to fix the other judge's ruling.

    This fucktard deserves 50 times worse what West got yesterday.

    District Judge Edward W. Nottingham
    United States District Court
    U.S. Court House
    901 - 19th St.
    Denver, CO 80294-3589

    Phone: 303.844.5018
    Fax: 303.335.2155
    E-mail: nottingham_chambers@cod.uscourt.gov

  240. Leave it to congress by drpickett · · Score: 1
    Just when you thought that you could count on your legislators to do the right thing apropos telecommunications, they go and put the campaign calls loophole in

    Good god - This is as bad as the corrupt morons that run the People's Republic of Massachusetts - Those self-righteous morons banned smoking in all public buildings except the house and senate chambers

    Some people are truly more equal than others

    Bad move, congress

  241. A New Phrase by virg_mattes · · Score: 1

    > If we don't like a law, we shouldn't break it and hope that a massive rebellion causes the law to stop functioning.

    Well, there have been a few examples of civil disobedience that demonstrate that this is sometimes an effective way to approach this problem, especially when used by those who do not have the political or monetary resources necessary to fight the legal battles you hold in such high regard. Do you really think that the American public defeated Prohibition by fighting it in court, or with fliers handed out on street corners?

    Virg

    1. Re:A New Phrase by Nintendork · · Score: 1
      Prohibition ended because we were losing a lot of money enforcing it instead of making money by taxing it, all during the great depression.

      Link

      -Lucas

  242. Stopping spam with a finger by Anonymous Coward · · Score: 0

    Spam is too profitable and too complex to just stop with a finger.

    I'll attest to that. I've tried stopping it with a finger plenty of times, but to no avail.

  243. Blocked by Judge by cyt0plas · · Score: 1

    Of course, the federal judge is blocking it yet again... This time on free speech grounds.

    --
    Contact Me (got tired of viruses emailing me).
  244. District Judge Edward W. Nottingham by splatter · · Score: 1

    Here is the judge's info
    District Judge Edward W. Nottingham
    United States District Court
    U.S. Court House
    901 - 19th St.
    Denver, CO 80294-3589
    Phone: 303.844.5018
    Fax: 303.335.2155
    E-mail: nottingham_chambers@cod.uscourt.gov

    --
    "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
  245. Bypass Do Not Call List by cpopin · · Score: 1

    This reads, "By completing this form, you agree that sponsors and co-sponsors of this offer may telephone you, even if your number is found on a do not call registry or list"
    http://www.antitelemarketer.com/nuke/html/m odules. php?name=News&file=article&sid=10

    Read the fine print!

    --
    -=- Many seek good nights and lose good days.
  246. good... by Anonymous Coward · · Score: 0

    ...hundreds of thousands of jobs lost? Who cares. Pathetic jobs for unskilled morons. Hope they all starve to death.

    Single mothers who can't do anything else? How will they feed their kids? Who cares? Let their kids die. Just more filth out of the gene pool.

  247. Re:fix the Judge by Anonymous Coward · · Score: 0

    Set your call forwarding to his home nunber during the hours of 6pm to 9pm

  248. Some of the impact of the new laws by Kane+Skalter · · Score: 1

    Here's what I gathered would be the impact of the new telemarketing laws:

    1. Every time the laws change, successful teleservices firms shift their focus. When cold calls (those not borne from an existing business relationship) became less profitable due to legislation, most firms switched to clients that wanted to call their own customers, such as local telco's. This exception is in the new TSR as well, btw. Besides that, those calls are also starting to lose profitability, so inbound sales are becoming more and more the focus of these firms as their clients focus on other forms of advertising.

    2. The DNC list would certainly save the telemarketer as much hassle as it does the consumer on the DNC list. As a telemarketer myself, I get extremely annoyed when people dance around pretending they're not available when in reality, they just don't want to be called. In short, if you don't want to be called, JUST SAY SO!

    3. This goes along with #2: Even though charities, political groups, and companies that have a business relationship do not have to use the Nat'l DNC list, they still have to honor your DNC request. Again, JUST SAY IT! Don't dance around it.

    My experience as a telemarketer has taught me so much about it, that I honestly do not recieve telemarketing calls anymore. No, I do not own a Caller ID box, I did not buy a "Privacy Manager" from my telco, I do not own a screening box (ex. TeleZapper). I simply answered them when they did call and asked them not to do so. For that matter, when you sign up with a telco or something like that, why not "opt-out" right off the bat? You do have that power.

    BTW, According to the FTC DNC website, telemarketers will have to send caller ID signals after Jan 31, 2004, so don't count on your unidentified call block. Of course, you'll know them when they show up on your caller ID. It won't be completely useless to have, because other people can still block their CID signal, only businesses cannot.

    On a side note, I do know another telemarketer who did sell "solicitor blocks". He says his sales are way beyond goal, LOL! People say they didn't appreciate his call, and he used that as a selling point!

  249. Questionable Source by virg_mattes · · Score: 1
    You cite as your proof of why Prohibition ended a site that contains in the very first paragraph the following:
    Everyone, men, women, and even children were drinking huge amounts of alcohol without any feeling of doing something bad. Alcohol was part of daily life. Nearly everyone was addicted to it.
    You can't seriously expect me to consider this a reliable source of information about Prohibition, can you? It's possible that the analyses presented here are sound, but it seems biased, leading me to distrust anything that isn't a date. Do you have other sources? All of the sources I found concerning Prohibition stated or implied that the unenforceability was the main reason for repeal, but tax monies were simply applied as a method for suppression by governments that wanted to remain dry but couldn't muster the necessary support, or wanted to repeal but needed to do something to assuage the Prohibitonists.

    Virg