A reader recently asked me if I'd heard of legislation being proposed that would permit automated phoning to people's cell phones. I hadn't, and it took a little while to track down (not a mention of it on the FCC website, for example), but I did find a pretty thorough rundown on it at TheInternetPatrol.com.
The basics are that a coterie of companies and their Congressional friends are sponsoring legislation to roll back some of the protections against annoyance calls to cell phones that have existed since at least 1991. They propose to legalize "information calls" to cell phones. I recommend reading the full letter that supporters sent to the House Committee on Energy and Commerce, which is carried at the link above.
A letter to a Committee chairman, of course, is far from a done deal. The legislation, known as H.R. 3035, might not get voted out of committee; it might not pass the House; it might get a thumbs down from the Senate. Still, the potential for invasion of privacy is clear, so we owe "Internet Patrol" a hats-off for helping bring the matter to public awareness.
Of course, the legislation appears reasonable on its face. They only want permission for "informational calls," like aircraft arrivals, overdue bills, or a breach of your credit card. Many people probably find these services convenient and desirable. But concerns arise for a number of reasons:
- Sure, just "informational" and not "telemarketing," but does anyone really believe that many firms (OK, even if it's just the "unscrupulous" ones) will limit themselves to that? How would the line between information and selling be drawn?
- Proponents argue that earlier restrictions were motivated primarily by the high per-call costs of incoming cell phone calls at the time, and suggest this is no longer a concern. However, the proposed law ignores the second reason for the 1991 legislation, which was privacy from telemarketers. For most of us that's still a concern.
- A phone call is not the only way this information can be delivered. It can be sent by e-mail, a channel of communication that is already polluted by the noxious fog of advertising (not to mention scamming). Anyone who has a cell phone has e-mail on it (and is constantly checking it - while driving, while in a job interview, while standing at the altar. Phoning is not necessary.
- The bill would allow automated calls to anyone who had ever provided their phone number before, in any context. Consumers have a right to be suspicious if no provision is made requiring a new opt-in for "information" calls, and one for each specific company.
This proposed legislation seems fairly typical of the topsy-turvy way rulemaking is approached these days. Special interest groups write their own legislation, line up a few malleable Congresspersons to sponsor it, create a story line to go with it, and try to sell it before the public can become aware, or government agencies can react.
The Internet Patrol suggests writing the Congressmen who are sponsoring H.R. 3035. But as they point out, most Congressmen don't read or accept mail from people who aren't their constituents. So I'd suggest writing your own Congressman. If you find phone calls about such things as overdues bills convenient and welcome, maybe you should at least call for appropriate definitions and safeguards against abuse, which there most certainly will be.
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