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Entire Federal Government Exempt From Robocall Laws, FCC Rules (thehill.com)

An anonymous reader writes from a report via The Hill: Late Tuesday night, the Federal Communications Commission ruled that the entire federal government is exempt from consumer protection laws that limit unwanted robocalls. They ruled that the Telephone Consumer Protection Act of 1991 doesn't apply to the federal government, while the law does bar businesses from making numerous autodialed or prerecorded calls to a person's cellphone. The FCC did also make contractors working on behalf of the government exempt from the law as well. Earlier this year, a Supreme Court case found that the law does not apply to the government because of sovereign immunity. However, the FCC ruled that the government falls outside the law's definition of a "person." "Indeed, had Congress wanted to subject the federal government to the TCPA, it easily could have done so by defining 'person' to include the federal government," according to the ruling. Therefore, contractors hired by members of Congress can robocall individuals to participate in town halls, government researchers can place autodialed calls to the cellphones of survey respondents, and contractors can make similar calls to offer information about social security. The ruling does not apply to lawmakers who are using the calls for political campaigns.

25 of 188 comments (clear)

  1. Well, of course it is! It's the damn government. by fustakrakich · · Score: 2, Insightful

    It is exempt from everything. Who cares? The voters don't. So why should I dwell on it?

    --
    “He’s not deformed, he’s just drunk!”
  2. Well with Hillary immune from by Anonymous Coward · · Score: 4, Interesting

    Basic espionage laws along with destruction of evidence and lying to the FBI (which is what Martha Stewart was jailed for)

    Why should government be bound by any laws us little people have to follow?

    1. Re:Well with Hillary immune from by Anonymous Coward · · Score: 2, Interesting

      Because the government HAS to be able to contact it's citizens... they aren't retailors or a political party. It's obvious the robocall law was not made to apply to the government and it should not because it would harm the nation.

      Citizens and govenrment are really the same thing in a democracy, but mandatory public services really need to be able to send out automated messaged.

      Are you really saying Amber Alerts should be illegal because that's where you would be going with saying the government should not solicit you using an automated process.

      We do that to private organizations to stop spam. I've never heard of spam from the government. Even the IRS and DMV doesn't spam people.

    2. Re:Well with Hillary immune from by roman_mir · · Score: 2, Insightful

      WTF are you talking about? Government absolutely spams people. Government is a bunch of politicians, each one with their own agenda, each one trying to make some money/name for himself. This has nothing to do with any so called 'public good' (there is no such thing anyway). These robocalls are illegal and now the government says: fuck you all, we are above the law. We will call you, promote our agenda, ask for money, threaten you into compliance, into voting a particular way, etc.etc.etc.

      Tyranny of a collectivist government is worse than tyranny of a singular tyrant. A tyrant can be taken down, even killed. How do you kill the hydra that is a collectivist government?

    3. Re:Well with Hillary immune from by EmeraldBot · · Score: 4, Interesting

      WTF are you talking about? Government absolutely spams people. Government is a bunch of politicians, each one with their own agenda, each one trying to make some money/name for himself. This has nothing to do with any so called 'public good' (there is no such thing anyway). These robocalls are illegal and now the government says: fuck you all, we are above the law. We will call you, promote our agenda, ask for money, threaten you into compliance, into voting a particular way, etc.etc.etc.

      Tyranny of a collectivist government is worse than tyranny of a singular tyrant. A tyrant can be taken down, even killed. How do you kill the hydra that is a collectivist government?

      Seriously? You don't like the government's policies, so your first reaction is to kill the leader? For the love of god, you're a shining example of the extremism that's become fashionable nowadays. This isn't Iran, if you have a problem you protest peacefully or become active in politics yourself, you don't fucking assassinate people.

      Second off, I think the AC parent is the only one I've read so far who's RTFA. If you actually did, it still bans politicians, which will prevent the at times harassing political bombardments, but the government itself is of course going to need to call people. Businesses are exempt when they do business - but what does the government do? It's sure as hell not supposed to be business. Without the mass calling exemption, they wouldn't be able to distribute natural disaster alerts, the Amber Alert system would be questionable, and I think we can all agree saying no to a researcher the one time in your life you're called isn't too hard compared to the benefits scientific studies bring us all. I'm as frustrated with our government as anyone is right now, but geez people, think before saying something.

      --
      "Set a man a fire, he'll be warm for the rest of the night. Set a man afire, he'll be warm for the rest of his life."
    4. Re:Well with Hillary immune from by EmeraldBot · · Score: 2, Insightful

      This isn't Iran, if you have a problem you protest peacefully or become active in politics yourself, you don't fucking assassinate people.

      - I disagree. I think assassinating government officials makes perfect sense, they don't give a hoot about assassinating anybody and everybody if that's what it takes to stay in power. Starting wars, murdering thousands, tens, hundreds of thousands, millions, all of this is done by governments. Sure, sure, governments have support of their people, but that's the problem - the people are very often uninformed, unintelligent creatures that follow another 'charismatic' asshole down the drain. Sometimes that 'charismatic' asshole needs to be taken down to pull the people out of their idiocy. Sometimes the dear leader simply cannot be replaced by any other means (see North Korea for example).

      As to the fucking collectivist governments, like the ones in USA, EU, those are the worst types of offenders where it comes to impossibility of getting rid of a completely fucked up situation.

      I am against the very existence of the IRS, Federal reserve bank, FDIC, FHA, EPA, FCC, FBI, departments of all shapes and sizes, SS, Medicare, Medicaid, every form of welfare, every form of theft and redistribution.

      These things cannot be eliminated because the people who are voting will always vote to take from others what they think is their entitlement. These things should not exist in the USA in the first place, not a single one of them is Constitutional, every one of them is usurpation of power. AFAIC the power is already such that it is way beyond the normal process, there is no way to abolish all of these institutions without a violent event. A violent event is coming, it will be brought upon by the crash of the US bonds and the dollar itself. The violence is coming and these institutions will be gone simply because the very foundation for them, the US dollar that is fake (defaulted upon back in 1971) is going to fail and the Fed will make sure it fails in the worst way possible.

      We are alive on this planet today, not tomorrow necessarily, not 100 years from now but right now. We should not suffer any of this right now.

      Well, the US must be so hard for you, but Somalia embraces all of these. No IRS, no Medicaid, no government! Just those sweet leader assassinations and the warm African desert. What's not to like?

      And how much are we willing to bet that all of these services, the retirement, the health insurance, the police, how much are we willing to bet you use all of these? You can't escape taxes without revoking your citizenship, but at least you can be an honest anarchist and refuse to use any and all government services.

      That includes both running water and electricity.

      --
      "Set a man a fire, he'll be warm for the rest of the night. Set a man afire, he'll be warm for the rest of his life."
    5. Re:Well with Hillary immune from by ultranova · · Score: 2

      Government is a bunch of politicians, each one with their own agenda, each one trying to make some money/name for himself.[...]Tyranny of a collectivist government is worse than tyranny of a singular tyrant.

      So which one is it? Is the government a bunch of individuals or a collective?

      A tyrant can be taken down, even killed. How do you kill the hydra that is a collectivist government?

      The fact that you can keep posting your rants about tyranny strongly implies you don't actually live under one.

      But to answer your question: you can't. A society can't function without collective decision-making. No group of human beings can. And as the group becomes larger, coordinating its rules and activities becomes more complex and requires specialization, just like with any other task. At that point you need a government, and demonizing it doesn't make that need go away.

      tl;dr Grow up.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    6. Re:Well with Hillary immune from by ultranova · · Score: 2

      Here is the problem, Liberals are saying "Clinton isn't guilty" (legal meaning) so they are going to vote for her, which sounds a lot like "I hired Casey Anthony to babysit" to me.

      Liberals are going to vote for Hillary because she's the closest thing to a liberal that's available. "Not guilty" is relevant because it affects availability.

      And if you bring up Trump, I'll simply say ... "pointing to bad behavior to justify bad behavior doesn't work on me"

      "Work on you" in what sense? Surely you don't think anyone expects you to change your political identity no matter what.

      In any case voting for Hillary because you think Trump is worse (or the other way around) is perfectly valid reasoning. After all, US voting system is set up so that one of them will get the presidency. Pick the lesser evil, whoever you think that is.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  3. Shrugged again, alas by harvey+the+nerd · · Score: 4, Insightful

    Punitive laws and distraints primarily apply to Little People, as so recently demonstrated, again.

    1. Re:Shrugged again, alas by Archangel+Michael · · Score: 2

      "Tyranny is defined as that which is legal for the government but illegal for the citizenry." - unknown origin

      (Not Thomas Jefferson, as often attributed)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  4. More fun times ahead by Archfeld · · Score: 3, Interesting

    The best method to discourage sales or political calls is to engage them in useless time consuming discussion about imaginary family or to request a moment to get a pen, and put the phone down for minutes then return with a pen, that mysteriously won't write, ramble on like a dementia afflicted individual. It takes a bit of time but can be quite amusing and I've found it to be very effective. Often informing the other side that you are recording the conversation for future entertainment purposes will discourage them as well.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  5. Re:Does your congressperson take off his shoes? by pete6677 · · Score: 2
  6. Don't expect help from the government. by fustakrakich · · Score: 4, Interesting

    We are simply on our own.

    If you can, get a caller ID machine that allows you to create a white list of numbers that can get through and send all others straight to the answering machine which you can later blacklist from getting in at all. Works for email, I whitelist my inbox in order to take care of old business before wrestling with new business going into the spam box.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re: Don't expect help from the government. by Opportunist · · Score: 3, Insightful

      No, of course you should be allowed to block the hurricane warning. At the same time, you should, if you choose to do so, not expect any kind of compensation from your insurance.

      Idiocy should not be rewarded.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. Re:Why do you even need them these days? by Anonymous Coward · · Score: 2, Insightful

    With the Internet, Email, SMS .... why do you even need robocalls these days with so many areas to access information?

    Because ninety-five percent of people doing robocalls are crooks, scumbags, and scammers. And most older, retired people (their chosen mark) still use telephones as a primary means of communication.

  8. Hello. by PPH · · Score: 2, Informative

    This is Lenny.

    --
    Have gnu, will travel.
  9. Just USA? by quenda · · Score: 2

    Is this a peculiarly American problem? I don't think I've ever had a robo-call in my life in Australia, unless you count the ones that connect you to a call-centre operator a second or two after you answer. SMS spam, yes. Plenty of charities begging, some sales calls that got past the "do not call" register, and the occasional overseas scam call. But always human, never a recording.

        Do any counties other than the US - oh, and presumably Canada, have this problem?

  10. phone numbers are transient and disposable by TheGratefulNet · · Score: 2

    with sim cards being easy to buy, its not hard to change your number often.

    I've gotton on some prank lists where I was getting nuissance calls.

    I dropped that number. buh-BYE. end of story.

    phone is not even the main channel of comms anymore. 20 yrs ago it was. today, everyone has a more perm email and phone numbers can, and do, change. I'm and older guy and even I am ok with throwing away phone numbers and restarting, should I get on a 'annoy this guy by calling and not taking no' list.

    we can also have devices that whitelist and let ring thru. when I had a landline, I used modem callerid and a unix daemon. now, most people just have cell phone #'s and the app I use is 'mrnumber' (yeah, lol). it lets me put a select switch between calls and me.

    this is what it comes to. like online ads, its a war and we users are left to fend for ourselves. at least we now have good tools to defend ourselves from.

    the part about the gov granting itself more rights, yeah, well, that's fully expected given the trajectory the US (and ROW) is headed. sad but its not unexpected. and since we have no control over our gov's (no one, anywhere in the world, does) we are stuck with what they all grew into. this crap where the system rewards itself and cares nothing about the people, themselves.

    --

    --
    "It is now safe to switch off your computer."
  11. Re:Well, of course it is! It's the damn government by Opportunist · · Score: 3, Insightful

    Because emergency information? Duh.

    With more and more people kicking out TVs (which is absolutely understandable), please tell me of a way to inform a large amount of people of a danger in their area. And note that you don't have a few thousand people standing by to call everyone, this ain't the 50s, phone operators are a thing of the past.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Re:Well, of course it is! It's the damn government by Zontar+The+Mindless · · Score: 2

    <sarcasm>Why can't they just post it to FB like everyone else these days?</sarcasm>

    --
    Il n'y a pas de Planet B.
  13. Re:Why do you even need them these days? by Chelloveck · · Score: 2

    Because ninety-five percent of people doing robocalls are crooks, scumbags, and scammers.

    But this article is about robocalls made by the government-- Oh, I see your point.

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  14. Re:why are contractors included? by dywolf · · Score: 3, Insightful

    the government is exempt when it is performing government business.
    since much of that business is contracted out, it makes sense to also exempt those actually carrying it out.
    this should not be a hard concept, even for an AC.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  15. "Sovereign Immunity" unamerican by redelm · · Score: 2

    While entrenched in British Common Law, the very notion of "soverreign immunity" is completely contradictory with the founding principles of the United States. The idea was whatever powers (sovereigns) were subject to limitations.

    To now claim "sovereign immunity" is merely a complete about-face, and very likely corrupt.

  16. Re:Not an emergency and FCC shouldn't overrule Con by Ol+Olsoc · · Score: 4, Insightful

    And yes, that should be disallowed. But outlawing robocallers would be tossing the baby with the bathwater.

    More and more people are adopting the technique of not answering any number they don't recognize. So if I set the phone to only ring those in my address book - its all good until someone goes to the trouble of mining my address book and spoofing numbers of my list.

    In other words, the telephone system is so broken it is of very little use any more. It's my last line of communication, and since "do not call" has never worked, I've implemented "Do Not Answer".

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  17. Re:Is in *my* phone or not ? by fustakrakich · · Score: 2

    Do people still jump and pick up the phone every time it rings? I know I don't. In fact, during meal time and when I'm asleep I put it on silent. I am unreachable by telephone during those times.

    The more I think about it, robocalls aren't such a big deal. We have the tech to block them. So, I guess the issue is resolved.

    --
    “He’s not deformed, he’s just drunk!”