Spam and such...
There is one thing I always come back to when discussing the results of the Do-Not-Call List trial and spammers in general, and that is the question of rights. Does a business or corporation have the same rights and privileges as an individual? The courts have repeatedly asserted that yes, they have rights to privacy and ownership. This would be acceptable to me were there any provisions therein for responsibility. Businesses can get away with massive acts of misconduct without commensurate punishment. Sure, a few executives may be fined or jailed, but as a general rule the business itself remains active. To me this would be the same as levying a fine against Charles Manson's parents for improper upbringing while allowing the man himself to go free. As Andrew Jackson put it so eloquently, "[The problem with corporations] is that they have neither bodies to kick nor souls to damn." If jail terms work for people, then why not corporations? When an energy concern is found to be spreading deadly waste, shut them down for a decade or two. Make provisions that none of the executives (those not in jail themselves) can work in that field for an equal term.
Of course there will be the inevitable argument. "People will lose their jobs! We can't live without (MCI/Enron/PG&E)!"
The purpose of law, above and beyond the idea of punishment, is deterrence. Give companies a year or three to get their affairs in order (far more grace than they gave the drug war or prohibition) and then start enforcing. Send out the message that if a company wishes to claim the rights of a citizen, they must also face the consequence of losing those rights upon breaking the law. "Three Strikes" would take on a whole new meaning if it meant that Pfizer couldn't maintain their current slipshod testing regimen that gives bad heart-valves to the sick and dying.
It's simple logic. We as individuals do not commit crimes because there are very real and apparent consequences. If a corporation can save a billion dollars a year by polluting and pay only a quarter-million in fines a month, that is all but an enticement to break the law. If that same company were facing complete shutdown for a charge of racketeering and attempted murder, I doubt the problem would exist in the first place.
And as to spam and telemarketing... well... I utterly fail to see how a sales pitch falls under the heading of protected speech. I cannot sell encyclopedias on a street corner, so they cannot use my time and resources to shill Viagra and Long-Distance Service. I feel that this is a fair compromise. I pay for a phone. I pay for Internet access. When someone takes advantage of these things to deliver unsolicited commerce to me it does cost money out of my pocket.
Actually, I've been toying with an idea for a lawsuit. On any given day I receive a dozen or more advertisements for Viagra, weight loss, penile enlargement, and hair growth. In a sense, I am being called an impotent, fat, balding, ill-equipped man every day of my life. If that's not harassment and defamation I don't know what is. (For those who don't know, I'm 6'3", 175 pounds, and have very long hair. You'll have to trust me on the impotence and size thing.) I figure a cool million will satisfy my emotional distress and pay for any amount of said cosmetic augmentations to correct my flaws. (I want extra ears, dammit!)
To summarize, all spammers may avoid my wrath by sending a check for $5,000 c/o "Please put down the gun! Dear God, WHY?!?" at your local VD clinic. I will be awaiting your call.
Of course there will be the inevitable argument. "People will lose their jobs! We can't live without (MCI/Enron/PG&E)!"
The purpose of law, above and beyond the idea of punishment, is deterrence. Give companies a year or three to get their affairs in order (far more grace than they gave the drug war or prohibition) and then start enforcing. Send out the message that if a company wishes to claim the rights of a citizen, they must also face the consequence of losing those rights upon breaking the law. "Three Strikes" would take on a whole new meaning if it meant that Pfizer couldn't maintain their current slipshod testing regimen that gives bad heart-valves to the sick and dying.
It's simple logic. We as individuals do not commit crimes because there are very real and apparent consequences. If a corporation can save a billion dollars a year by polluting and pay only a quarter-million in fines a month, that is all but an enticement to break the law. If that same company were facing complete shutdown for a charge of racketeering and attempted murder, I doubt the problem would exist in the first place.
And as to spam and telemarketing... well... I utterly fail to see how a sales pitch falls under the heading of protected speech. I cannot sell encyclopedias on a street corner, so they cannot use my time and resources to shill Viagra and Long-Distance Service. I feel that this is a fair compromise. I pay for a phone. I pay for Internet access. When someone takes advantage of these things to deliver unsolicited commerce to me it does cost money out of my pocket.
Actually, I've been toying with an idea for a lawsuit. On any given day I receive a dozen or more advertisements for Viagra, weight loss, penile enlargement, and hair growth. In a sense, I am being called an impotent, fat, balding, ill-equipped man every day of my life. If that's not harassment and defamation I don't know what is. (For those who don't know, I'm 6'3", 175 pounds, and have very long hair. You'll have to trust me on the impotence and size thing.) I figure a cool million will satisfy my emotional distress and pay for any amount of said cosmetic augmentations to correct my flaws. (I want extra ears, dammit!)
To summarize, all spammers may avoid my wrath by sending a check for $5,000 c/o "Please put down the gun! Dear God, WHY?!?" at your local VD clinic. I will be awaiting your call.