Antispam Bills: Worse Than Spam?

[mindfuq at comcast.net]

* Jim Choate <ravage at 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 :)