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	<title>Comments on: Telemarketing, Continued</title>
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	<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
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		<title>By: Deoxy</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27734</link>
		<dc:creator>Deoxy</dc:creator>
		<pubDate>Wed, 17 Mar 2004 18:55:01 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27734</guid>
		<description>No privacy concerns involved - every solicitating phone call costs me money, just like every spam does.

When you pay for phone servic, the phone company charges you based on its expected costs.  Some of those costs (probably a pretty large amount, actually) vary with volume (volume capability, actually).  When 50% of the volume is created by voice spam (telemarketers), they should bear 50% of the cost (of the costs that depend upon volume), but they don&#039;t.  I have to pay moree for the increased volume capability to carry that voice spam to me.  It&#039;s the same principle as with faxes... spam faxes is illegal because it costs the faxee money (for ink and paper).

Also, many telemarketers would disguise or block their ID or sometimes even claim to be someone else (both on the ID and in person) to get you to talk to them - that&#039;s fraud.

Lawsuit: 1. proving this stuff in court would be nigh unto impossible (for one thing, most or all jurisdictions will throw out recordings unless you informed them that you are recording them...) 2. Um, if it&#039;s fraud or theft (which it is), it is already illegal (and wrong, from a libertarian perspective), so laws to make that more clear (and easily enforcable) are just an update of existing law - criminal, not civil.

Oh, and the DMA DNCL is a joke.  Don&#039;t know where you live, etc, etc, but IME, it doesn&#039;t help worth diddly.</description>
		<content:encoded><![CDATA[<p>No privacy concerns involved &#8211; every solicitating phone call costs me money, just like every spam does.</p>
<p>When you pay for phone servic, the phone company charges you based on its expected costs.  Some of those costs (probably a pretty large amount, actually) vary with volume (volume capability, actually).  When 50% of the volume is created by voice spam (telemarketers), they should bear 50% of the cost (of the costs that depend upon volume), but they don&#8217;t.  I have to pay moree for the increased volume capability to carry that voice spam to me.  It&#8217;s the same principle as with faxes&#8230; spam faxes is illegal because it costs the faxee money (for ink and paper).</p>
<p>Also, many telemarketers would disguise or block their ID or sometimes even claim to be someone else (both on the ID and in person) to get you to talk to them &#8211; that&#8217;s fraud.</p>
<p>Lawsuit: 1. proving this stuff in court would be nigh unto impossible (for one thing, most or all jurisdictions will throw out recordings unless you informed them that you are recording them&#8230;) 2. Um, if it&#8217;s fraud or theft (which it is), it is already illegal (and wrong, from a libertarian perspective), so laws to make that more clear (and easily enforcable) are just an update of existing law &#8211; criminal, not civil.</p>
<p>Oh, and the DMA DNCL is a joke.  Don&#8217;t know where you live, etc, etc, but IME, it doesn&#8217;t help worth diddly.</p>
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		<title>By: The Bitch Girls</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27736</link>
		<dc:creator>The Bitch Girls</dc:creator>
		<pubDate>Sun, 14 Mar 2004 05:37:43 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27736</guid>
		<description>&lt;strong&gt;Why Me?&lt;/strong&gt;

Another company refused to take my phone number off of their records, even when I told them that I am not a customer and they are making unwelcome phone calls. They flat out hung up on me when I &quot;refused&quot;
</description>
		<content:encoded><![CDATA[<p><strong>Why Me?</strong></p>
<p>Another company refused to take my phone number off of their records, even when I told them that I am not a customer and they are making unwelcome phone calls. They flat out hung up on me when I &#8220;refused&#8221;</p>
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		<title>By: VB</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27733</link>
		<dc:creator>VB</dc:creator>
		<pubDate>Sat, 30 Aug 2003 11:20:57 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27733</guid>
		<description>And to answer this point:

&quot;If someone flooded my comments box with ads, I&#039;d turn the comments off, or block the IP addresses.&quot;

You can&#039;t do that will calls, so you need another kind of intervention than just your own or your ISP.

&quot;If it was the same guy or the same company, and reached the point of harassment, I&#039;d see if there were legal action I could take, just as you can do with harassing telemarketers&quot;

Well I don&#039;t know what instances you have there, but it&#039;s very hard to bring a legal case against telemarketers, and the *principle* is wrong - you don&#039;t give others free reign to abuse your paid services AND then you&#039;re the one forced to start a legal suit. Their abuse should be made illegal from the start, and prosecuted by law. It&#039;s not a case for you to prove they did wrong, but for them  to abstain from doing so.

Privacy is not something to be left to legal suits to protect.</description>
		<content:encoded><![CDATA[<p>And to answer this point:</p>
<p>&#8220;If someone flooded my comments box with ads, I&#8217;d turn the comments off, or block the IP addresses.&#8221;</p>
<p>You can&#8217;t do that will calls, so you need another kind of intervention than just your own or your ISP.</p>
<p>&#8220;If it was the same guy or the same company, and reached the point of harassment, I&#8217;d see if there were legal action I could take, just as you can do with harassing telemarketers&#8221;</p>
<p>Well I don&#8217;t know what instances you have there, but it&#8217;s very hard to bring a legal case against telemarketers, and the *principle* is wrong &#8211; you don&#8217;t give others free reign to abuse your paid services AND then you&#8217;re the one forced to start a legal suit. Their abuse should be made illegal from the start, and prosecuted by law. It&#8217;s not a case for you to prove they did wrong, but for them  to abstain from doing so.</p>
<p>Privacy is not something to be left to legal suits to protect.</p>
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		<title>By: VB</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27732</link>
		<dc:creator>VB</dc:creator>
		<pubDate>Sat, 30 Aug 2003 11:17:09 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27732</guid>
		<description>Radley: but there *are* anti-spam laws, doh! that&#039;s what gives you the right to complain to your ISP. Because spam is officially recognised as abuse, violation of privacy, abuse of a service you pay for, etc. 

Same with telemarketing, only it happens by phone, not by email or web.

So, Radley, no, I havent proven your point, and *you* haven&#039;t proven it either.

All you seem to do is denounce this do-not-call list as some sort of violation of libertarian principles of the free market, starting from that abstract idea, without considering the real case you&#039;re talking about here.</description>
		<content:encoded><![CDATA[<p>Radley: but there *are* anti-spam laws, doh! that&#8217;s what gives you the right to complain to your ISP. Because spam is officially recognised as abuse, violation of privacy, abuse of a service you pay for, etc. </p>
<p>Same with telemarketing, only it happens by phone, not by email or web.</p>
<p>So, Radley, no, I havent proven your point, and *you* haven&#8217;t proven it either.</p>
<p>All you seem to do is denounce this do-not-call list as some sort of violation of libertarian principles of the free market, starting from that abstract idea, without considering the real case you&#8217;re talking about here.</p>
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		<title>By: billy-jay</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27731</link>
		<dc:creator>billy-jay</dc:creator>
		<pubDate>Sat, 23 Aug 2003 04:48:47 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27731</guid>
		<description>&quot;But robbing me of intangible resources (time) is ok.&quot;

-Lee

How are they robbing you of time?  You are the one that _chose_ to answer the phone.  The onus is on you.

&quot;I just don&#039;t answer the phone.&quot;

-eric

Bingo.</description>
		<content:encoded><![CDATA[<p>&#8220;But robbing me of intangible resources (time) is ok.&#8221;</p>
<p>-Lee</p>
<p>How are they robbing you of time?  You are the one that _chose_ to answer the phone.  The onus is on you.</p>
<p>&#8220;I just don&#8217;t answer the phone.&#8221;</p>
<p>-eric</p>
<p>Bingo.</p>
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		<title>By: eric</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27730</link>
		<dc:creator>eric</dc:creator>
		<pubDate>Fri, 22 Aug 2003 21:06:38 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27730</guid>
		<description>I just don&#039;t answer the phone.</description>
		<content:encoded><![CDATA[<p>I just don&#8217;t answer the phone.</p>
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		<title>By: Matthew S. Schell</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27729</link>
		<dc:creator>Matthew S. Schell</dc:creator>
		<pubDate>Fri, 22 Aug 2003 20:14:00 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27729</guid>
		<description>The worst part of the problem is the do not call list attempts to fix a problem that didn&#039;t really exist.

I haven&#039;t revceived a telemarketing call in more than two years.  Why?  Because I was on the DMA (Direct Marketing Association) Do Not Call List.

With a working privately run national do not call list already in existence, why in heavens name did we need a tax payer funded government one?</description>
		<content:encoded><![CDATA[<p>The worst part of the problem is the do not call list attempts to fix a problem that didn&#8217;t really exist.</p>
<p>I haven&#8217;t revceived a telemarketing call in more than two years.  Why?  Because I was on the DMA (Direct Marketing Association) Do Not Call List.</p>
<p>With a working privately run national do not call list already in existence, why in heavens name did we need a tax payer funded government one?</p>
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		<title>By: Daniel W. Drezner</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27735</link>
		<dc:creator>Daniel W. Drezner</dc:creator>
		<pubDate>Fri, 22 Aug 2003 17:52:01 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27735</guid>
		<description>&lt;strong&gt;Libertarian smackdown&lt;/strong&gt;

Radley Balko and Pejman Yousefzadeh have dueling articles in Tech Central Station over whether the Do Not Call registry -- about which I&#039;ve posted here -- is consistent with the libertarian credo. Start off with Yousefzadeh&#039;s original TCS essay. Then...</description>
		<content:encoded><![CDATA[<p><strong>Libertarian smackdown</strong></p>
<p>Radley Balko and Pejman Yousefzadeh have dueling articles in Tech Central Station over whether the Do Not Call registry &#8212; about which I&#8217;ve posted here &#8212; is consistent with the libertarian credo. Start off with Yousefzadeh&#8217;s original TCS essay. Then&#8230;</p>
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		<title>By: Lee</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27728</link>
		<dc:creator>Lee</dc:creator>
		<pubDate>Fri, 22 Aug 2003 15:58:30 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27728</guid>
		<description>So if by paying by the minute of phone service I can legtimately complain about telemarketers because it robs me of tangible resources (money).

But robbing me of intangible resources (time) is ok.

Yeah good idea.</description>
		<content:encoded><![CDATA[<p>So if by paying by the minute of phone service I can legtimately complain about telemarketers because it robs me of tangible resources (money).</p>
<p>But robbing me of intangible resources (time) is ok.</p>
<p>Yeah good idea.</p>
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		<title>By: Craig</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27727</link>
		<dc:creator>Craig</dc:creator>
		<pubDate>Fri, 22 Aug 2003 14:11:50 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27727</guid>
		<description>with a land line you only pay for the minutes you use when YOU make the phone call....incoming calls are free (i used to sell at&amp;t....sorry)</description>
		<content:encoded><![CDATA[<p>with a land line you only pay for the minutes you use when YOU make the phone call&#8230;.incoming calls are free (i used to sell at&#038;t&#8230;.sorry)</p>
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		<title>By: Scared Stiff</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27726</link>
		<dc:creator>Scared Stiff</dc:creator>
		<pubDate>Fri, 22 Aug 2003 11:40:19 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27726</guid>
		<description>Yep, I paid for phone service by the minute for awhile when I couldn&#039;t afford the basic plan.  Of course I couldn&#039;t afford caller-ID either, so I ended up just not answering my phone unless I was expecting a call.  

Thankfully I&#039;m not in that position anymore, but it wasn&#039;t long ago.  Maybe 5 years or so ago.</description>
		<content:encoded><![CDATA[<p>Yep, I paid for phone service by the minute for awhile when I couldn&#8217;t afford the basic plan.  Of course I couldn&#8217;t afford caller-ID either, so I ended up just not answering my phone unless I was expecting a call.  </p>
<p>Thankfully I&#8217;m not in that position anymore, but it wasn&#8217;t long ago.  Maybe 5 years or so ago.</p>
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		<title>By: Nicholas Weininger</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27725</link>
		<dc:creator>Nicholas Weininger</dc:creator>
		<pubDate>Fri, 22 Aug 2003 11:10:56 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27725</guid>
		<description>Radley, you wrote:

&quot;If you pay by the minute for cell phone service and telemarketers call without your permission (and without the permission of your service provider), then they&#039;re robbing you of resources.&quot;

So, presumably, this would apply to landline service as well, if it were paid for by the minute? Don&#039;t some people in the US actually pay for landline service by the minute? I&#039;m fairly sure it&#039;s common in other countries to do so.</description>
		<content:encoded><![CDATA[<p>Radley, you wrote:</p>
<p>&#8220;If you pay by the minute for cell phone service and telemarketers call without your permission (and without the permission of your service provider), then they&#8217;re robbing you of resources.&#8221;</p>
<p>So, presumably, this would apply to landline service as well, if it were paid for by the minute? Don&#8217;t some people in the US actually pay for landline service by the minute? I&#8217;m fairly sure it&#8217;s common in other countries to do so.</p>
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		<title>By: Radley Balko</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27724</link>
		<dc:creator>Radley Balko</dc:creator>
		<pubDate>Fri, 22 Aug 2003 10:28:43 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27724</guid>
		<description>If someone flooded my comments box with ads, I&#039;d turn the comments off, or block the IP addresses.  If it was the same guy or the same company, and reached the point of harassment, I&#039;d see if there were legal action I could take, just as you can do with harassing telemarketers.

And you&#039;ve proven my point.  I *would* complain to my ISP if someone spammed my email account incessantly.  And if my ISP or whoevenr is hosting my email account didn&#039;t protect against viruses or outfit me with some decent anti-spam software, I&#039;d switch ISPs.

I would not lobby the federal government for an anti-spam law or an anti-comment-spam law.</description>
		<content:encoded><![CDATA[<p>If someone flooded my comments box with ads, I&#8217;d turn the comments off, or block the IP addresses.  If it was the same guy or the same company, and reached the point of harassment, I&#8217;d see if there were legal action I could take, just as you can do with harassing telemarketers.</p>
<p>And you&#8217;ve proven my point.  I *would* complain to my ISP if someone spammed my email account incessantly.  And if my ISP or whoevenr is hosting my email account didn&#8217;t protect against viruses or outfit me with some decent anti-spam software, I&#8217;d switch ISPs.</p>
<p>I would not lobby the federal government for an anti-spam law or an anti-comment-spam law.</p>
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		<title>By: VB</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27723</link>
		<dc:creator>VB</dc:creator>
		<pubDate>Fri, 22 Aug 2003 09:59:26 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27723</guid>
		<description>You&#039;re so wrong it&#039;s puzzling you don&#039;t notice. You get a phone line, pay for it, you&#039;re not &quot;inviting&quot; anyone - you&#039;re only paying the phone company for the phone line, for the right to use it on your own terms, sure you do. It&#039;s not a free right. You pay for it. Just like email, a web hosting space, etc. What would you say if someone started flooding your comments with ads? spamming your email? wouldn&#039;t you complain to your ISP which you&#039;re paying to provide you a service that is for *you* to use, not others to abuse?

It&#039;s so obvious telemarketers are those in the  wrong and it&#039;s got nothing to do with free market or libertarianism. You can&#039;t take abstract principles and apply them regardless to a situation where the abuse is clear.</description>
		<content:encoded><![CDATA[<p>You&#8217;re so wrong it&#8217;s puzzling you don&#8217;t notice. You get a phone line, pay for it, you&#8217;re not &#8220;inviting&#8221; anyone &#8211; you&#8217;re only paying the phone company for the phone line, for the right to use it on your own terms, sure you do. It&#8217;s not a free right. You pay for it. Just like email, a web hosting space, etc. What would you say if someone started flooding your comments with ads? spamming your email? wouldn&#8217;t you complain to your ISP which you&#8217;re paying to provide you a service that is for *you* to use, not others to abuse?</p>
<p>It&#8217;s so obvious telemarketers are those in the  wrong and it&#8217;s got nothing to do with free market or libertarianism. You can&#8217;t take abstract principles and apply them regardless to a situation where the abuse is clear.</p>
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		<title>By: Glen Whitman</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27722</link>
		<dc:creator>Glen Whitman</dc:creator>
		<pubDate>Fri, 22 Aug 2003 07:25:15 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27722</guid>
		<description>Okay, Radley, that&#039;s a cheap shot.  You *know* there&#039;s a legitimate difference of libertarian opinion on this issue -- you even cited me and Julian in your op-ed.  But now you&#039;re implying that this is just a case of libertarians ditching their principles when their own selfish interests are at stake.  For the record, (a) I have not personally registered for the DNC list, and (b) I am a professor at a state university who nevertheless believes and says publicly that state universities should not exist.  

And James -- even if it&#039;s a different salesman every night, every one of those salesmen is ignoring your &quot;no soliciting&quot; sign.  The issue is not harassment, it&#039;s trespassing.</description>
		<content:encoded><![CDATA[<p>Okay, Radley, that&#8217;s a cheap shot.  You *know* there&#8217;s a legitimate difference of libertarian opinion on this issue &#8212; you even cited me and Julian in your op-ed.  But now you&#8217;re implying that this is just a case of libertarians ditching their principles when their own selfish interests are at stake.  For the record, (a) I have not personally registered for the DNC list, and (b) I am a professor at a state university who nevertheless believes and says publicly that state universities should not exist.  </p>
<p>And James &#8212; even if it&#8217;s a different salesman every night, every one of those salesmen is ignoring your &#8220;no soliciting&#8221; sign.  The issue is not harassment, it&#8217;s trespassing.</p>
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		<title>By: James Bowman</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27721</link>
		<dc:creator>James Bowman</dc:creator>
		<pubDate>Fri, 22 Aug 2003 05:45:11 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27721</guid>
		<description>Radley,

I think people who support this law are using principles that apply to a single individual or company (harassment) and wrongly expanding them to cover an entire group or industry.

If you put up a no soliciting sign on your door but I still come over every night for weeks and try to sell you Amway, surely you would say that I am harassing you. But if a different salesman from a different company came each night that would not be harassment.</description>
		<content:encoded><![CDATA[<p>Radley,</p>
<p>I think people who support this law are using principles that apply to a single individual or company (harassment) and wrongly expanding them to cover an entire group or industry.</p>
<p>If you put up a no soliciting sign on your door but I still come over every night for weeks and try to sell you Amway, surely you would say that I am harassing you. But if a different salesman from a different company came each night that would not be harassment.</p>
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		<title>By: Brady</title>
		<link>http://www.theagitator.com/2003/08/21/telemarketing-continued/comment-page-1/#comment-27720</link>
		<dc:creator>Brady</dc:creator>
		<pubDate>Fri, 22 Aug 2003 02:01:02 +0000</pubDate>
		<guid isPermaLink="false">http://dev.theagitator.com/?p=2955#comment-27720</guid>
		<description>I have to say that at first, perhaps it _was_ blinded by the idea of getting less annoying phone calls, I liked this idea.  But the more I thougt about it, the more I agreed with you.  Just because it is self-serving doesn&#039;t mean it is right.</description>
		<content:encoded><![CDATA[<p>I have to say that at first, perhaps it _was_ blinded by the idea of getting less annoying phone calls, I liked this idea.  But the more I thougt about it, the more I agreed with you.  Just because it is self-serving doesn&#8217;t mean it is right.</p>
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