[kingu]

There are market based solutions to handle this. Do we really need FEDERAL intervention?

Since telemarketing is an interstate industry, it would naturally be under the control of the federal law anyway. Indeed, it is under the jurisdiction of the federal government because the transactions occur via the common carrier phone system.

The argument of market based solutions is the same as saying that if you don't armor plate your home, you're responsible for the theft that occurs. And we are taking a case of theft. People are using a phone service that you pay for and maintain and equiptment that you pay for and maintain. They are using this without permission, which makes it theft. The argument that usually is replied that you pay for the services anyway falls flat - you did not get telephone service with the intention of getting sales calls, you got it for your own personal communication needs.

I'm all for the industry creating a 'do-call-list', and you're welcome to sign up for it. I could even see the industry offering reduced rate telephone services in exchange for the right to call you with sales pitches.

[Badray]

Do you accuse someone of theft when they breathe the air inside your home? There is no less air for you to breathe and there is no less available phone service for you.

The telemarketers use of your phone service does not diminish the use of your service so it is no more a 'taking' than some one who knocks on your door or breathes the air in your home.

While any jurisdiction may fall to the feds, do you have to run to the feds to solve a minor problem?

And think about this:

While they could get it anyway, when you sign up for this service, you save the feds a lot of time and energy by giving them your name, address, phone number, and email address all in one neat little package.