A Briefing On Public Policy Issues Affecting Civil Liberties Online
from
The Center For Democracy and Technology
(1) FTC Launches Do Not Call Registry
(2) How the Do Not Call Registry Works
(3) Does the Do Not Call Registry Have Broader Implications?
The Federal Trade Commission (FTC) has just launched a new system making it possible for individuals to cut down on unsolicited commercial telephone calls. On Friday, June 27, the FTC began creating a nationwide "Do Not Call" registry. Sign up on the list, and most telemarketers will be prohibited from calling you at home, effective October 1.
Registration is now available online at http://donotcall.gov. The system was temporarily overwhelmed on Friday, when it first was announced by President Bush in a Rose Garden ceremony, but we checked this morning and it is working fine.
When you sign up, you will receive an email confirmation containing a link that you must click on to finalize entry of your phone number into the registry. If you signed up on the first day, you may not have received your confirmation until sometime over the weekend. You must follow the link within 72 hours for your registration to be successful.
The online registration is open to people across the country. A toll-free number is also available, limited for now to folks west of the Mississippi (including all of Louisiana and Minnesota). Phone registry will be open to the entire nation on July 7. The toll free number is 1-888-382-1222 (TTY 1-866-290-4236).
WARNING: Some unscrupulous companies have been offering to sign up individuals for the Do Not Call list for a fee. Please be aware that the FTC registry is a government-run service free to the public. No fee is required for this simple do-it-yourself service.
The FTC, the Federal Communications Commission and the states will begin enforcing the Do Not Call Registry on October 1, 2003.
Telemarketers will have to check the Do Not Call list every 90 days and stop calling those who have signed up. Companies that do not comply face fines of up to $11,000 per violation.
Consumers who register will remain on the list for 5 years, at which time they have to renew their registration. Consumers may remove themselves from the list at any time. Those consumers whose telephone number changes will also need to re-register.
Most of the 27 states that have their own do not call lists will transfer the numbers from their lists to the National Do Not Call Registry. To find out if your state is transferring its do not call list to the national registry, go to: http://www.ftc.gov/bcp/conline/edcams/donotcall/statelist.html. Consumers in states that are transferring their do not call lists to the national registry do not need to re-register.
Participation in the Do Not Call list will not eliminate all marketing calls. Consumers may still be contacted by companies with whom they have established a business relationship and companies they have affirmatively asked to hear from. Charities and political groups are exempt.
CDT encourages those who want fewer telemarketing calls to sign up for the Do Not Call registry. Tell your friends and family about this new way to exercise consumer choice.
Full information on the system is available at http://www.ftc.gov/bcp/conline/edcams/donotcall/index.html
The fact that 735,000 people signed up for the Do Not Call Registry by 5:00 PM on the first day of operation sends a powerful message about Americans' strong desire for effective protections against unwanted telemarketing. Certainly, the desire for effective solutions against spam is equally as strong.
Whether a Do Not Email Registry will work as well is unclear. FTC Chairman Muris has said he has "serious reservations." http://www.whitehouse.gov/ask/20030627.html Anti-spam legislation reported by the Senate Commerce Committee would require the FTC to report to Congress on the feasibility of a Do Not Email list, based on the experience with the Do Not Call registry.
It is interesting that the Federal Communications Commission, which had seemed skeptical of the Do Not Call registry, came out in favor of it, extending the rule to the telecommunications companies under the FCC's jurisdiction.
The immediate popularity of the Do Not Call registry is also generally relevant to the broader consumer privacy debate, at least as a demonstration of peoples' desire to control the use of information about themselves.
For information about other privacy issues, go to the Consumer Privacy Guide http://www.consumerprivacyguide.org
Detailed information about online civil liberties issues may be found at http://www.cdt.org/.
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Policy Post 9.13 Copyright 2003 Center for Democracy and Technology
