Second U.S. Judge Blocks 'Do-Not-Call' List

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[elfman2]

"Question: If a private company can restrict a telemarketer's right to speak freely in public, does that right truly exist? "

I’d say that it depends on whether the phone system is a collection of private networks or a publicly regulated monopoly. Got to go now…

[elfman2]

"On what planet did you go to law school?"

One that admits only people with the ability to differentiate between annoying solicitation and dangerous harassment. I’ve got to go.

[hotpotato]

While I sense that you aren't entirely serious with your fine proposal, I do believe it has considerable merit!

:-)

I suspect a lot of these people who support telemarketing either live in an area with low to no telemarketing traffic or are telemarketers or have some other personal gain associated with telemarketing. Comparing advertisements in magazines and snail mail with a ringing telephone is utter nonsense or indicates total cluelessness.

[elfman2]

"By this inane "logic", if I install a lock on my door and a burglar gets in anyway by picking the lock, the law should not give me any recourse. "

You also need to be able to differentiate between a devise created to open access to anyone (implying permission when activated) and one designed exclusively to restrict it.

I really have to go now.

[hotpotato]

You also need to be able to differentiate between a devise created to open access to anyone (implying permission when activated) and one designed exclusively to restrict it.

He has. It's called a "do-not-call list"

[Kimlee]

You beat me to it :)

[hotpotato]

I suspect the elfman still won't get it, though.

[jimt]

It the Government chooses to do so, even at your request, it’s a restriction on the telemarketer’s right to speak freely in public.

Let's see, how many errors are there in this statement.

First no one is restricting the telemarketers' free specch rights.

What they are being restricted from is theft of service. They have no right to use my service and my equiment against my will - and that's what they're doing with their solicitation calls. Door-to-door salesman have no right to trespass on my posted property, and telescum have no right to steal the use of my phone service.

Second, goobermint in this instance is protecting my right to privacy, a proper function.

Telemarketers and spammers are THIEVES. Nothing less.

[kevao]

When you connect your phone to Bell South , it’s on a public system (or at least a Bell South system).

That public system ends right at the point where the telephone line enters my home. From that point on to your phone appartus, the line is private property. Call the phone company to confirm this -- it's your line and your responsibility.

That I should have no say as to what travels through my phone line is ridiculous.

[Naspino]

Except when you turn CNN off, it stays off. People should have the option of doing the same wrt cold callers who are not exercising any right of free speech by soliciting anyway.

By the way who ever said you have a right to a TV that you can turn off? I think they should stop selling televisions with an off switch. While not in use your television should switch to maximum volume and broadcast advertisements and anyone that sells equipment to bypass it should be sued by the ACLU! /sarcasm

[HAL9000]

Yes. Another notable beneficiary is Bill Clinton's pal Vinod Gupta.

[Naspino]

Fifty million people vote and one on-the-take "judge" tells them to f*ck off? Time for the tar and feathers, if not the hangman's noose, IMO.

Please everyone stop saying 50 million people. They say that they have 50 million phone numbers. One is mine and it covers four people. One is my brothers and it covers five people. This has to cover 100-200 million people.

[RISU]

This pushed me over the edge, and I just registered at donotcall.gov.

Very fast, slick, and immediate.

"Rule by Law"? or "Rule By Judge"?

[kevao]

If Bell South chooses to block communication, that’s their right. It the Government chooses to do so, even at your request, it’s a restriction on the telemarketer’s right to speak freely in public.

Everyone seems to have forgotten that, while you have the right to speak freely in pubic, you have no right to be heard. If the telemarketers want to speak about their products, they can do so without dialing my number.

[elfman2]

i>"Let's see, how many errors are there in this statement. First no one is restricting the telemarketers' free specch rights. "

If the telemarketer can’t call to speak his right to speak couldn’t be more infringed upon.

CNN radio network “uses my equipment against my will” at the top of the hour when I listen to Rush. I may choose to keep it tooned just like I may choose to pick up the phone.

The right to privacy is implied, not specifically stated. And 20 years from now a Gore administration might decide to invoke a religious do not call list or a political do not call list or a even move it out of the voice arena to protect you from “annoying” right wing hate speech, forcing it to be flagged on the web so that your privacy can be protected by your browser and you don’t stumble into a page that “steals your service.” There’s no Constitutional role for this.

[Held_to_Ransom]

Take it form someone who has inside experience in the industry. This DNL won't do a damn thing. Fly by nights just fold up shop and run to hide already. The big boys buy the lists through major companies people do business with regularly (like oil companies, department stores, credit card companies) and they are the ones who are the worst with the autodialers and such. It is true it may force them to pay more attention to who is not working on the phone floor, but beyond that it won't stop anything. Whereas the small honest businessman now has to cough up a significant little chunk of cash to play, and he must also keep an odeous quantity of records. I know how to program really well, so it's a boon for me, but I know an awful lot of hardworking folk who will be shut out.

It's worst for someone who works in a two or three state area, like Philly or Washington. They have to deal with not only the state DNC lists, but also the Federal list, and it means for many of them that they must in effect share their personal lists with the clearing houses, which will doubtless then distribute them indirectly to all the big boys.

There are better ways to go, but it's such dumb knee jerk reaction thing that no one will notice it's really not a good idea.

For myself, I am looking forward to picking up all the lists at a fraction of the cost one would normally pay for them. I can handle millions of records no sweat while most people I know can't. Thank the government for me, won't you?

[elfman2]

" From that point on to your phone appartus, the line is private property… That I should have no say as to what travels through my phone line is ridiculous."

You have the same right as you have regarding what speech travels through your “private” television from the public airwaves. Don’t turn either on if you don’t want to be annoyed by public communication.

[elfman2]

"He has. It's called a "do-not-call list""

I’d like a no liberals call list applied to my phone.