* Jim Choate <ravage@einstein.ssz.com> [2003-08-02 17:00]:
Your comparison of your email inbox and your living room being equivalent is flawed on several layers. The first is the concept of 'privacy', you have it in your living room because you have a door and locks. You don't have any of that in an electronic mailbox. An electronic mailbox is like ones front porch, inherently a place with -public- access.
I should address this in more detail. The privacy I have in my livingroom is not because of doors and locks. These don't stop those who want to violate my privacy. The law does, however. It's more important and effective to have breaking an entering laws than to have these locks. A six foot pry bar will get past most locks, but to get past the law, they better have one hell of a lawyer (more difficult to acquire than a pry bar). This is the point Bruce Schneier made in a recent issue of Wired. People are so focused on perimeter protection that they're completely overlooking detection and *response*, and blocking legitimate access at the same time. Example- people who think technical solutions will keep out the telemarketers and they buy all these privacy features for their phone. This doesn't stop telemarketers- they still get through. But it does hinder family members, forcing them to go through hoops to get to your voice. But if you get wise and improve on your *reaction* to telemarketing calls, you don't need the privacy features. Remove them, and welcome all callers as I do. Default to trusting people, so you don't distrust someone you should. Then when one of the bastards takes advantage, respond and make them accountable. Sue them. This philosophy doesn't work for everything, but it is the absolute best tool for stopping telemarketing. I don't block anyone I want to talk to, yet I get compensated for the telemarketing calls. And I'm even able to do this w/out preventing the free speech right of the telemarketer, because they were able to make their pitch. If someone tried to take the tort law out of the TCPA, I would probably sue them for violating my freedom of enterprise :)