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To: palmer
I've got to go. Can you do me a favor and answer for me if you feel the urge?

I'd love to, but I cannot hang around any longer either. You can't change other people anyway. You've done a good job presenting the case. If the horses all want to die of thirst, there is nothing you can do about it. (Suppose you could shoot them and put them out of ther misery.)

Hank

121 posted on 09/27/2003 9:39:01 AM PDT by Hank Kerchief
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To: Hank Kerchief
I think you and "palmer" are at least raising interesting debate questions and do not deserve to be denigrated as "kooks". I think the law is very strange myself.

The entire law is premised on voluntary compliance under threat of massive civil fines ($11,000 per reported unwanted call).

What I don't know how to find out is precisely HOW the federal givernment intends to ENFORCE the $11,000 per phone call civil penalty. Let's suppose you, an owner of a small local company, calls me (thus instantly becoming, for the purposes of the law, a "telemarketer" too, right?). Then suppose that I do not wish to receive this commercial message (although this does not pertain to political calls, non-profit organizations, companies I already deal with, etc etc). Assume I have proof (say a printout from the registration page of the DoNotCall registry) that I have registered. If I have just received a call, I guess one calls an authority figure to squeal on you. Of course I don't know your phone number, since I don't pay an extra fee for Caller ID, nor do 90% of the people I know.

At that point, some government bureaucrat has to take time to research whether there really was an infraction of this new federal law against calling people for your home-repair business or whatever. How would legally-valid proof be obtained? Proof that a call was made from you to me at a specific time would have to be from your own records, my records, or the phone company.

The average home phone is not connected to a computer system that logs calls, so that's out.

Perhaps they could subpoena the records of the business which makes phone calls. But a telemarketer could either dial the number by hand (hence no computerized records at all), or could refrain from keeping computerized records. Or will the government begin requiring that companies are forbidden to make manual phone calls or have computer crashes?

Otherwise, there will need to be access to the phone system's records. Is there such a thing as a log file record for every single phone call (tens of billions each day) so that this is even physically possible? Would a subpoena be needed, since after all the phone companies are private? Or does the government already have access to all such records?

I keep thinking about all such questions, and I enjoy the debate.

135 posted on 09/27/2003 10:28:30 AM PDT by wildandcrazyrussian
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