Hanging on the telephone
FOR IMMEDIATE RELEASE DATED AUG. 3, 2000
THE LIBERTARIAN, By Vin Suprynowicz
Hanging on the telephone
The Federal Trade Commission is conducting a yearlong review of its regulations concerning telemarketers -- the people who call at dinnertime and try to sell you stuff.
The FTC is expected to give Congress a set of recommended amendments next year. Unlikely to appear on that list, obviously, is the choice: "Why don't you just let us go find some honest work; we're not doing much good here, anyway."
In fact, the FTC lacks jurisdiction to enforce its rules against banks (who use the phones to offer credit cards), savings and loans, long-distance phone companies, airlines, nonprofit organizations, and certain insurance companies.
And ''Who else calls but these tele-intruders?'' asks Bob Bulmash of Private Citizen, a consumer rights organization that works to limit junk calls and mail.
The FTC and the Federal Communications Commission supposedly require telemarketing firms to maintain lists of people who ask not to be bothered again. Supposedly, all you need to say is ''Put me on your 'do not call' list,'' and any subsequent call will violate FTC regulations, putting the business at risk of an $11,000 civil penalty.
But ''The rule is a joke,'' Bulmash points out. Private citizens cannot bring a civil action against a telemarketer under the rule unless the firm can be shown to have caused them $50,000 or more in actual damages. And how many frustrated homeowners could even identify the name and address of the "firm" which staffed tonight's telephone boiler room?
Responding to consumer complaints over the burgeoning wave of pathetic hucksters, lawmakers like Congressman Matt Salmon, R-Ariz., have now introduced legislation to ban telemarketers from blocking their identity on caller ID boxes, or from calling during dinner hours, defined as 5 p.m. to 7 p.m. local time.
But Stephen Altobelli, director of public affairs for the Direct Marketing Association, responds that such "solutions" may not even target the worst offenders -- charitable or political organizations and other noncommercial groups that are exempt from such rules, in the first place.
''We don't feel there is an adequate understanding of who is making the calls,'' Altobelli says.
Politicians, of course, consider themselves to be in the business of responding to the frustrated cry, "Why can't someone make a law?" But real leaders and statesmen might instead take the opportunity to remind us that government can't mandate politeness, and that any bureaucracy with the power to really stop unwanted phone calls (or even knocks on the door) would necessarily intrude into our privacy so far as to become a considerably greater hazard to our freedoms than the relatively minor annoyance hereby being "solved."
The private market responds far more quickly than any lumbering regulatory bureaucracy ever can. Given the chance, private inventors and phone companies should be able to quickly produce and offer phones that refuse calls from unidentified numbers -- or which inform an incoming caller that his number will be billed $4 per minute while we happily listen to his spiel: "Please punch '1' if you wish to continue. ..."
# # #
Meantime, following up my July 25 column on the FBI's e-mail snooping device "Carnivore," Chainmail Inc., a months-old Internet startup housed in a second-floor walk-up in downtown Charlottesville, Va., has announced it will make available beginning next week a free download of its encryption program Mithril, designed to resist decoding by Carnivore for "anywhere from a week to ten billion years."
"What it does is encrypts -- keeps secure -- any e-mail transaction, any e-mail document that you may want to send," says Chainmail CEO Rick Gordon.
"I guess it's the Libertarian in all of us that sort of makes us feel like rogue players. I fully expect I'll be checking my phone for bugs now," Gordon told MSNBC.
For more, see: www.chainmailinc.com.
Vin Suprynowicz is assistant editorial page editor of the Las Vegas Review-Journal. His book, "Send in the Waco Killers: Essays on the Freedom Movement, 1993-1998," is available at $24.95 postpaid by dialing 1-800-244-2224; or via web site http://www.thespiritof76.com/wacokillers.html.
Vin Suprynowicz, vin@lvrj.com
"When great changes occur in history, when great principles are involved, as a rule the majority are wrong. The minority are right." -- Eugene V. Debs (1855-1926)
"The whole aim of practical politics is to keep the populace alarmed -- and thus clamorous to be led to safety -- by menacing it with an endless series of hobgoblins, all of them imaginary." -- H.L. Mencken
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