back to article Your voter-trolling autodialer is illegal: The cringey moment the FCC spanks a congresscritter

FCC chairman Tom Wheeler caught the members of the US House Subcommittee on Communications and Technology off guard Tuesday when he told them that one of their favorite campaign tools is against the law to use. Speaking alongside FCC commissioner Ajit Pai, Wheeler testified before the Congressional subcommittee on issues …

  1. JakeMS
    Joke

    Wait!

    The law applies to us too? But we're the rich 1%! That can't be true! No law should be against us!

    1. perlcat

      Re: Wait!

      It couldn't happen to a nicer bunch of assholes. erm, "guys".

  2. Anonymous Coward
    Anonymous Coward

    The politicians may love them, but ...

    These calls are pretty much useless to convince undecided people to vote for a candidate anyway, since no one wants to listen to a long (generally either boring or insultingly overhyped) prerecorded message that starts at some random time they did not plan for it.

    It might be a little useful as a way to call the people who are registered for a party to remind them to vote, since they are more likely than not to vote with their party than an opposition candidate.

    1. asdf

      Re: The politicians may love them, but ...

      >These calls are pretty much useless to convince undecided people to vote for a candidate anyway,

      Perhaps but they sure helped W Bush win the nomination in 2000 when a push poll robo blast (more than likely Karl Rove's handiwork) in South Carolina asked voters if they believed McCain had fathered a black child out of wedlock (ie his adopted daughter from Bangladesh). They are great for slander.

    2. Anonymous Coward
      Anonymous Coward

      Re: The politicians may love them, but ...

      Not true. It's the spam principle: you only need a tiny percentage for it to be cost-effective.

      Robo-dialers are more often used for negative calls against opponents. People are more likely to listen to a recording spreading dirt.

      1. Grikath
        Devil

        Re: The politicians may love them, but ...

        You mean US american political candidates don't actually campaign on... y'know.. merits, competencies and actual strategy?

        who'd have thought...

        1. TheVogon

          Re: The politicians may love them, but ...

          "merits, competencies"

          Many of their candidates don't have any. - remember that they elected Bush!

          (Well actually they elected Gore if the intent of the voters in Florida had mattered...)

        2. skeptical i
          Trollface

          Re: The politicians may love them, but ...

          What are these merits and competencies of which you speak? We've got teevee, friction-free bleached smiles, adorable children (or pets or spouses), and perfect hair -- why confuse voters with qualifications, issues, and stuff they don't understand anyway?

  3. Anonymous Coward
    Anonymous Coward

    The law hampers their ability to run campaigns?

    It also hampers my ability to rob banks and kill people I don't like. Pesky laws!

  4. Anonymous Coward
    Anonymous Coward

    Shirley you are mistaken

    For those who don't know, U.S. law does not apply to politicians, illegals or the POTUS. They do however apply to everyone else unless you have a really high priced paid liar, then they might apply to you either if you're a crim.

    1. This post has been deleted by its author

    2. Mark 85

      Re: Shirley you are mistaken

      Interesting. I thought the same way you do, but Wheeler pointed out that it does apply to them also. I knew the "Do Not Call" list didn't apply to politicos, charities, and couple of others.

      Personally, getting a robocalll from a politician might just make me vote for his/her opponent. I'm cranky that way.

      So.. since no robocalls applies to politicos... when will the lawsuits start?

      1. Anonymous Coward
        Anonymous Coward

        Re: Shirley you are mistaken

        Here in the UK, if it's mandated "illegal", they move it to an offshore place like India or Belize to use it instead.

        Expect lots of calls from foreign numbers

  5. IR

    If something is against the law when it comes to politics, they just get a super-pac to do it instead.

    1. Anonymous Coward
      Anonymous Coward

      @IR

      I hope you understand that your comment applies to ALL politicians regardless of party affiliation.

      PACs are used by all sides, not just Republicans.

      1. Anonymous Coward
        Anonymous Coward

        Re: @IR

        >PACs are used by all sides, not just Republicans.

        Republicans just prefer them a little more because its easier and more convenient for the 6 people who will benefit from their policies to get their return on investment for their millions without a lot of financial gymnastics.

      2. Anonymous Coward
        Anonymous Coward

        Re: @IR

        That said yes in action Democrats are mostly just Republican lite with a bit more shame for and hypocrisy to what they are doing.

        1. Identity
          Devil

          Re: @IR

          Alexander Cockburn wrote in The Nation many years ago (you can tell how many by the example) the following [paraphrased]:

          The difference between Republicans and Democrats is, if a Contra were raping a nun, the Republican would say, "Go for it!" and the Democrat would say, "Now, you know that's not right. Ask her nicely and if she says 'no,' I'll help you."

  6. Velv
    Headmaster

    "some political groups have expressed concern that the laws could hamper their ability to run campaigns"

    Since when have politicians worried about the legality of any action they want to take

  7. Bc1609

    While I can't say I disagree with any of the furious politico-bashing above, it might be worth pointing out that the "tele-town-halls" explicitly referred to by Walden and Wheeler are not quite the same thing as the incessant robo-dialling we suffered last May.

    For those of you lucky enough to have avoided working with/for US corporations, a "town-hall" is a large, company-wide meeting in which all the plebs can, in theory, talk to, listen to and query senior management. In the political sphere, the "town-hall" is the loose equivalent of a constituency workshop. Because some of the US constituencies are pretty massive and the constituents widely spread, politicians of all stripes have taken to having "tele-town-halls" - massive conference calls, effectively, so that people from many different towns can participate without having to drive for several hours to get to the meeting in person.

    What the FCC is banning here (or rather, what they are saying is already banned) is not repeated "have you considered voting for the Cornish Independence Party" calls, but rather mass telephone invitations to a conference call. Still annoying of course, and, if done without the constituents' consent, illegal (as Wheeler points out). However, they're primarily tools for a representative to receive instructions from and relay information to their constituents, and while there should probably be some method of testing consent before spam-calling a hundred-thousand people, it's hard to think of one that wouldn't result in a massive fall in the numbers of people participating in these events (how many people, even if they were genuinely interested, would really bother returning a letter, for example?).

    It's probably also worth noting that these aren't particularly frequent events - maybe once a month or so (YMMV). What's bad about them (IMO) is not that the calls are made - I think the town halls are quite a useful tool for both politicians and constituents - but that there's no way of opting out (or in) of them.

    TL;DR: "Tele-town-halls" are not quite as evil as have been made out, and are not quite the same thing as automated begging calls. That doesn't mean they should be legal, but El Reg seems to have taken away something that wasn't really said by either party in the reported exchange.

  8. J.G.Harston Silver badge

    So, these robo-callers are systems that automatically dial a number, then play a recorded message saying "have you considered voting for the Cornish Independence Party?", like the recorded calls I get from Disney Holidays? Not systems where a human being clicks on "next elector" and the system automatically dials a number, then the human being says "have you considered voting for the Cornish Independence Party?" which is what UK pols do. Of couse, claiming they don't need to abide by the Telephone Preference Scheme opt-out as they aren't selling anything, they're "gathering information".

    1. Alan Brown Silver badge

      "Of couse, claiming they don't need to abide by the Telephone Preference Scheme opt-out as they aren't selling anything, "

      I make a point of being as offensive as I can possibly be to such callers.

      They're breaking the law. It might be the only job they can get but that's the same argument that pickpocketing teams tend to use too.

      1. Christoph
        WTF?

        "Of course, claiming they don't need to abide by the Telephone Preference Scheme opt-out as they aren't selling anything,"

        My answer tends to be along the lines of:

        So you know full well that I have stated that I do not want these calls, and you have decided on my behalf that I want you to use this get-out to call me anyway.

        Do you seriously expect me to vote for someone who does that?

  9. Ugotta B. Kiddingme

    "political groups have expressed concern that the laws could hamper their ability to run campaigns"

    You say that as if it were a BAD thing...

  10. Anonymous Coward
    Anonymous Coward

    "laws could hamper their ability to run campaigns"

    Oh, the poor babies!

  11. Uncle Slacky Silver badge
    Thumb Up

    Life imitates the Simpsons

    "If you agree, send $1 to Happydude, 743 Evergreen Terrace..."

  12. Stevie

    Bah!

    The Congressman clearly never learned the old lawyer adage: never ask a question in public to which you don't know the answer.

    And I prefer my Congressmen to limit themselves to "Wow, that's interesting" since the alternative is a slow speech with pauses ever three to five words used primarily to use up three minutes of public mike time. I can't be the only one to wish someone would yell "for f*cks sake get on with it" when one of these assclowns takes the stage for yet another three minutes of painfully slow outrage.

  13. s5PGmU
    Big Brother

    Lawmakers shocked to learn the rules apply to them too!

    People unsurprised when charges against said politicians are dropped after paying a bribe fine.

  14. Timo

    gotta love them... idiots

    I got an unsolicited call from a "human" at the republican party, and they asked me what was the most pressing issue that I thought was facing Uhh-merica.

    When I told him "STOP UNSOLICITED JUNK CALLS, LIKE THE ONE YOU ARE MAKING TO ME RIGHT NOW" he had to pause to write it down, and then another pause to try to come up with a reply. He attempted to tell me that he was doing nothing wrong.

    I challenged him - if you can't find a way to stop these calls then how can I believe that your political party is capable of fixing the economy or bringing world peace?

  15. Anonymous Coward
    Anonymous Coward

    Counterproductive

    "Personally, getting a robocalll from a politician might just make me vote for his/her opponent. I'm cranky that way."

    How many of these calls are deliberately annoying calls purporting to come from a different party from the originator?

    Is Donald Trump actually a long sleeper Democrat mole, intended to discredit capitalism and then stand for the White House?

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