The truth behind anti-telemarketing and spam laws...
ihaveenoug...@nospam.com
Publisher's Associations that were lobbying for the passing of anti-spam and
anti-telemarketing laws. Public record revealed it was they who were
influencing congress then enlisting the press to get people to support it as
a "privacy" issue. In reality they recognized that the new technologies like
auto-dialers and the Internet was a direct threat to their bottom line. They
didn't like that the little guy could reach the masses on their own without
paying huge sums of money. If you look at your State telemarketing laws,
Newspaper Publishers and Politicians are exempt. Now everyone has to pay
more for their goods and services because there's no other way for the small
business person to safely advertise except through the Government's mail
system, the TV, Magazines or Newspapers.
Ironically many Americans actually believe it's being done for their own
protection. If the average person understood how you get an unconstitutional
Bill through congress, they would be seeing things differently. When a hard
to pass Bill is in the works and is unlikely to be passed, you simply attach
it to another more popular Bill. In the case of CAN-SPAM they attached
anti-porn legislation with anti-marketing legislation. The two were never
meant to be combined. It was initially designed to prosecute pornographers.
That's why it holds a prison sentence. Which in itself is a good law. Then
the Newspapers and Magazine lobby groups tacked on the marketing part of it
and both passed as one law.
I'm interested in your thoughts on this. I find it unsettling that people
can be conned so easily into giving up their First Amendment and other
rights at the whim of the Media and powerful well funded Trade Associations.
Freedom of Speech & Freedom of Trade
At present the rights of every American is being violated due to the covert
lobbying efforts of newspaper, magazine and Media Associations.
As a result of telemarketing and anti-spam laws:
Each and every consumer is paying more for their goods.
Foreign countries are given the edge over small businesses in America.
After you have read this article it is my hopes that you will see that:
These laws are not about protecting the consumer from being bothered at
dinner time by a telemarketer. It is not about protecting the public's
e-mail boxes from being filled with unwanted e-mail. As our natural
resources get depleted by de-forestation, we're still getting bombarded by
junk mail. For decades this has been going on and no one is going to jail
for it. In fact it's being delivered to us by our Government's postal
system.
It is about corporate greed.
It is about restraint of trade.
It is about unfair elimination of the competition.
It is about reducing the power of the individual and the small business.
You see, the Mass Media has determined that bulk email and telemarketing are
in direct competition with their business. The Media as well as well as some
factions within the Government are threatened with modern technologies that
allow an individual or a small business to bypass "the system" and be able
to potentially communicate with millions of people at a very low cost.
Let's take a look at what's really going on..
.
In some states such as Florida the publisher's lobbyists have even gotten
themselves exempt from the very law they pushed for!
501.059 Telephone solicitation.--
(c) "Unsolicited telephonic sales call" means a telephonic sales call other
than a call made:
1. In response to an express request of the person called;
2. Primarily in connection with an existing debt or contract, payment or
performance of which has not been completed at the time of such call;
3. To any person with whom the telephone solicitor has a prior or existing
business relationship; or
4. By a newspaper publisher or his or her agent or employee in connection
with his or her business.
And of course the politicians are exempt!
501.604 Exemptions.--The provisions of this part, except ss. 501.608 and
501.616(6) and (7), do not apply to:
(2) A person soliciting for religious, charitable, political, or
educational purposes.
Click here to see the full law on the Florida Senate's website.
Even with the advent of Federal legislation, for those with a mega-buck
budget it's business as usual. In fact many of the same corporations that
instigated anti-spam and anti-telemarketing legislations are among the
biggest violators of their own laws! But what do they care? Big business can
afford to pay the penalties, and pay they do! Yet keep in mind that these
costs are being passed on to the consumer.
DO NOT CALL
Detailed Information
10-27-2004
Citation issued to Equity One, Marlton, New Jersey for failure to honor
the FCC's National Do Not Call rules
09-07-2004
$400,000 Consent Decree with Primus Telecommunications, Inc. concerning
National Do-Not-Call Registry rules and requirements
07-09-2004
$490,000 Consent Decree with A.T.&T. Corp. concerning company-specific
Do-Not-Call requirements and related matters
Click here to see the complete list on the FTC's website.
To further complicate matters they have used their unrestricted access to
mass communication to get the public to rise up in support of these laws.
Just think about it. Are there anti-junk mail laws? Take a look at garbage
that is being allow to transmitted to your television. Ads from drug
companies. Alcohol advertisements. The list goes on and on. Harmful drugs
get FDA approval, while relatively harmless herbs and vitamins get taken off
the market. Why are they left untouched? Yet if a citizen or a small
business sends out some email they can go to jail? Is there something wrong
with this picture?
Bill of Rights Amendment I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Legal Citings:
"The general rule is that an unconstitutional statute, though having the
form and name of law, is in reality no law, but is wholly void, and
ineffective for any purpose; since unconstitutionality dates from the time
of it's enactment, and not merely from the date of the decision so branding
it... No one is bound to obey an unconstitutional law, and no courts are
bound to enforce it."
-- 16 Am Jur 2d, Sec 177 late 2d, Sec 256
"All laws which are repugnant to the Constitution are null and
void."
--- Marbury vs. Madison, 5 US (2Cranch) 137, 174, 176, (1803)
"Where rights secured by the Constitution are involved, there can be no rule
making or legislation which would abrogate them."
--- Miranda vs. Arizona, 384 US 436 p. 491.
"An unconstitutional act is not law; it confers no rights; it
imposes no duties; affords no protection; it creates no
office; it is in legal contemplation, as inoperative as
though it had never been passed."
--- Norton vs. Shelby County, 118 US 425 p. 442