[Modernman]

First you say it's nuisance, now you say it is trespassing.

Actually, this type of behavior can be both, but it fits better into the category of trespass. By putting my name on the FDNC list, I've told telemarketers they are not welcome on my property, which consists of my phone and the lines I do use. If they violate my wishes, they commit trespass.

Note that any contract I signed with the phone company in no way applies to telemarketers- it just keeps me from suing the phone company. Telemarketers are not a party to my phone contract.

Nobody on this thread has stated what authority the Federal government has over a voluntary transactions such as you signing up for phone service.

That's a straw man argument- the feds are not exerting any authority over my voluntary transactions witht the phone company- my contract with them continues the same as always. Rather, they're using their Commerce Clause power to allow me, VOLUNTARILY, to sign up for a list. Who are you to say that I shouldn't have the right to sign up for the FDNC list?

[palmer]

The Commerce Clause was created to allow the Federal government to override state restrictions on trade such as tariffs. Your contract with the phone company does include calls from anyone. Mine does too, but my cell provider makes an effort (through law suits) to prevent commercial solicitations. The only conceivable Federal role would be to override state restrictions on local service providers. There's no reason you shouldn't have a large choice of local service providers considering the technology available, is state boards who are primarily controlled by the local phone companies and prevent that competition.

[LowCountryJoe]

I have a hard time arguing with your points; they're all legitimate and well scripted.

But the serious question being posed is: Is it fundamentally good policy to force every single taxpayer to have to pay for this government protection even if they don't mind being called? Next question: If you worked in an industry where you relied on telephone solicitation, wouldn't you be hacked off?