FCC Opens Flood Gates for Junk Faxes 276
EmagGeek writes "The FCC implemented a Report and Order on Reconsideration (R&O on Recon) that uses some of the same exemptions for junk faxes that currently exist for the Do Not Call list. The new rules specify that junk faxers can claim an Existing Business Relationship (EBR) to justify flooding you with junk faxes. Under the new rules, a junk faxer could visit your website and call that an existing business relationship. The new rules also prevent junk-fax trapping, in which someone posts their fax number on the internet, waits for junk faxes, then files suit against the faxers under the TCPA. With all of the government-sponsored selling out of The People that has been going on in the past, say, 6 or so years, one has to wonder when or even if it is going to stop."
Wha? (Score:5, Funny)
Govenrment Fax numbers (Score:3, Insightful)
You would then expect that the FCC will reconsider the regulations.
BZZT!
1> The government, hit by increased communications would determine the need for a lot more fax machines, and clerks to feed them paper and file the vital communications being received.
2> Certain specific government entities (congresscritte
Re:Govenrment Fax numbers (Score:4, Funny)
Or, just as likely, you'll find yourself going to pound-me-in-the-ass "terrorist" prison.
Re:Wha? (Score:2)
Calling all Slashdotters! Please send the FCC a nice Fuck You! @ 1-866-418-0232
Or more usefully... (Score:4, Funny)
Call AND fax your congressman and senators. Ask to speak to the staffer who deals with either telecommunications or consumer affairs issues. Tell them, nicely, that you have a problem with these regs, and they need to step up. Hard as it is to believe, for the most part, these people really try to listen to their constituents.
House web site: http://www.house.gov/ [house.gov]
Senate web site: http://www.senate.gov/ [senate.gov]
Don't bother mailing, because letters sit in a warehouse for months waiting to get checked for anthrax.
One solution... (Score:2)
Give your FAX number only to those you trust, period. If someone then abuses it, it'll be easier to track down where the abuse stemmed from, and take appropriate action.
Re:One solution... (Score:4, Insightful)
Re:One solution... (Score:2)
Two more words: "Greedy politicians"
Re:One solution... (Score:3, Informative)
This FCC ruling seems like it's actually tightening up the rules a bit.
FTFA:
This definition also clearly contemplates that the EBR could be formed by any of the following: an inquiry, application, purchase or transaction by the b
Re:One solution... (Score:2, Interesting)
I HAVE an unlisted number. I've been very careful with it, in fact. And yet, I get BOMBARDED with goddamned junk faxes day..AND NIGHT. I don't even own a fax machine.
The best I can figure is my number, prior to me getting it, was already on some dumbasses' junk fax list.
So, despite the fact that I pay for an unlisted number, I get an answering machine full of "beep-beep-beep" every fucking day. I've been woken up at 2am by these people, too. The phone comp
Re:One solution... (Score:2)
Prior to dumping our landline for mobile-only lines, we found a TeleZapper(tm) appeared to work with these as well as with the telemarketers.
Re:One solution... (Score:3, Interesting)
That doesn't work. I have a fax number that I give out to no one and yet I still get at least one junk fax per day. I have probably been found through war-dialing.
I actually sued a local company that advertised themselves that way in small-claims court under the TCPA. I did end up winning the case but I was only awarded court costs and not the $500 to $1,500 for a willful violation. The judge said that he had to keep things in perspective becuase he doesn't fine DUI offenders that much ($1,500). At least i
Re:One solution... (Score:3, Interesting)
A little Googling came with with this company [faxrecoverysystems.com].
Quoting from their website:
"That junk fax could be worth $100.00! Fax Recovery Systems, Inc. (FRS) can help businesses and individuals combat the junk fax spammers that send unsolicited facsimiles day and night. These unwanted advertisements are illegal -- and a terrible waste of time and resources!"
I've never used their services, but my office gets enough of these junk faxes that it might be worth giving them a try.
Don't blame the FCC for this (Score:3, Informative)
This was called for by the Junk Fax "Prevention" Act of 2005. It cleared the Senate unanimously and by voice vote in the House. Be sure to thank your members of Congress for this one.
Revenge (Score:2)
Re:Revenge (Score:5, Funny)
Scroll down a bit, and a bit more, and a bit more... and then a bit more... and then some more... and some more...
Fax Is Old (Score:4, Insightful)
Re:Fax Is Old (Score:2)
Does anyone know how to stop these junk fax "calls?"
Re:Fax Is Old (Score:3, Informative)
There should be a phone number at the bottom of the fax which you can call to input your phone number and have it removed from their list.
Where I used to work (state government office) they had faxes on every floor and on those times I would be out and about if I saw a junk fax I'd take it with me, call the number and have the fax number removed. As far as I know junk faxes stopped coming to those machines.
Re:Fax Is Old (Score:2)
Oh well, such is life.
if yer switchboard can handle it, (Score:2)
we can do this at my workplace, take an incomming call and dial a different outbound number.
Re:Fax Is Old (Score:3, Informative)
I had this happen to me in my old apartment. We didn't own a fax machine, but we got fax calls a
Re:Fax Is Old (Score:2)
I have no connection with trustfax.com except as a satisfied customer; there are other, similar fax service providers.
Re:Fax Is Old (Score:2)
Anyone can setup their own Print to Fax gateway and Fax to Email gateway.
Though my setup just collects the faxes and sorts them based on some rule sets.
Then everyone is free to pick through the fax list on the servers, open the pdf, and then print the fax if need be. All we pay for is a phone line...
WinPrint Hylafax is a beautiful thing. (Though you can also use scripts to create an samba print to fax printer, but then you need to embed all the things you want in the cover page)
re: fax might be "old", but it won't die yet.... (Score:3, Insightful)
Primarily, there's the "simplicity" factor. No matter how nice it might be to be able to fax anything from your PC that you could print to a printer, you've still got the complexity of the system itself to deal with. Larger companies use networked fax solutions like "LightningFax", where all the outgoing faxes get queued up on a server for delivery. If a dialing ru
Re:Fax Is Old (Score:3, Insightful)
The problem with junk faxes is less the data, more the time & method of transmitting the data. This isn't the internet where data transmission is measured in milliseconds, and you can have multiple connections to computers active at a time. Even a one-page fax takes several seconds to transmit, and while that fax is being sent, you can neither send one out nor receive another one on that phone line. Start letting junk faxers have free rein and you
Re:Fax Is Old (Score:2)
what a joke (Score:2, Insightful)
They get all the blame for this and no credit at all for the do not call list. That's pretty fucking funny. I'm sure SOMEBODY here (everybody?) will explain it away with some bull shit story that I'm not interested in hearing.
Re:what a joke (Score:3, Insightful)
Re:Bush could veto it, you know. (Score:2)
Seriously, every bill that passes congress (a republican or democrat) is the fault of the President unless Congress over rides him with a 2/3rds majority.
Even if he doesn't bother reading the bill and rubber stamps it... It is still his fault because he isn't using his authority to not pass bad laws.
Re:what a joke (Score:3, Funny)
> They get all the blame for this and no credit at all
Then you don't hate the guy enough, I'm afraid. If you hate someone--truly hate them--you don't look for reasons to give them any credit at all. And you'd most definitely listen to any potential explanation for why he doesn't deserve any, no matter how tenuous.
Even if the web page has a disclaimer? (Score:2, Interesting)
Re:Even if the web page has a disclaimer? (Score:2)
Yeah. I'm still wondering how it would? If I have a website that sells stuff, how does that establish a relationship for you to sell me stuff?
This is great... (Score:2)
Do they prosecute the existing laws? (Score:4, Interesting)
By contrast, the Do Not Call list appears to be more or less working. The few political and charity calls that still get through don't bother me much.
I don't know why telemarketers are respecting the DNC, but the junk faxers are fearless. Maybe junk faxes are less expensive to send, so they're more akin to spam than telemarketing?
Re:Do they prosecute the existing laws? (Score:2)
I don't think so. Spam can be sent in bulk because the existing mail transport system has many loopholes that allow the individual "connections" to be distributed to someone else. Spam isn't actually inexpensive except for the spammer himself. Junk faxes on the other hand require a point-to-point voice connection just like a
Re:Do they prosecute the existing laws? (Score:2, Interesting)
I never got that many nuisance calls, and that hasn't changed. I figured that the Do Not Call list was a centralized repository of live phone numbers, and I would get more calls through misuse than I get without it.
* We eat dinner as a family, and unless someone is expecting a call, we just don't answer the phone, then.
* As a general practice, I NEVER say "Hello" a second time when answering, if it appears that nobody is on the other side of the line. Perhaps it's
Re:Do they prosecute the existing laws? (Score:3, Interesting)
Yup, urban legend. Many years ago, I worked IT for an ethical telemarketing shop. And by ethical I mean that not only did they maintain their own in-house DNC list, but all of their outbound clients scrubbed against
Re:Do they prosecute the existing laws? (Score:2)
In order to not set off phone company wardialer alarms they dial randomly from a database that is populated first marking off each one as they go.
you can not hide a fax machine from these things.
One hand does not know about the other (Score:5, Insightful)
Only in this country could we have one department closing down spam and another opening it up...
Re:One hand does not know about the other (Score:2)
Re:One hand does not know about the other (Score:2)
I think his point was that in this spam/junk case, they are actually separate departments.
Fun day (Score:5, Interesting)
Honestly, there are some days when the news just makes me embarrassed to live in this country. And when I'm done being embarrassed, I become scared, because of how little power is left to we the people to incite change in the governmental powers that rule and abuse us.
As a 22 year old who admittedly does not know very much about the history of our government...can any older Slashdotters explain what it was like when there were even worse government abuses than this, and what the catalyst was that finally got the people to act? I understand that an effective catalyst from back then might not be effective today...but I'm just trying to gain some hope from the fact that some day soon, the people will collectively say "ENOUGH!" and we will be able to go about trying to fix this country into what it should be, and try to patch up the horrible mess we've made of ourselves to the rest of the world.
Although honestly part of me thinks that my youth might be the enabler of this naivety I have that there is any hope of seeing things get better in my lifetime.
(Note: To any who find this off-topic...I would pose that it is on-topic in terms of the government screwing us over yet again, mod me down if you disagree...whatever, I feel like everything is kinda pointless right now.)
Re:Fun day (Score:2)
I'm not much older than you, so I don't think I can comment much, but I don't think there has been a time (in America) where government abuses have been this bad, at least not within anyone who is still living's lifetime. Nixon and Hoover did some pretty egregious stuff, but I don't think anyone living has seen such widespread and flagrant corruption in America as the current administration. I agree w
Re:Fun day (Score:2)
You know...I think your comment simply states lot about the current state of things....its so bad that the only way to see any hope in things is to hear about a worse time.
Last time I heard about things being so bad that that kind of thinking was rampant was (pardon me Godwin) in the concentration camps.
Re:Fun day (Score:2)
Re:Fun day (Score:2)
http://www.historychannel.com/tdih/tdih.jsp?catego ry=oldwest&month=10272956&day=10272985 [historychannel.com]
Basically, some miners were striking to improve living conditions so they and their families were evicted from their company owned homes. When they took up residence in the hills and continued to strike, they were fired upon by private detectives hired by Rockefeller. When that didn't work, Rockefeller got the governor of Colorado to send in the Nat
Re:Fun day (Score:2)
Re:Fun day (Score:2)
Re:Fun day (Score:3, Interesting)
Re:Fun day (Score:5, Insightful)
Despair has been a good fuel for every revolution ever. French revolution, Russian revolution, when people ain't got nothing to lose but their life, and especially if said life is close to being gone anyway, that's when they take up anyone as a leader.
Of course, governments learned since. What we got now in the US (and most of the "civilised" countries) dates back to the Roman Empire and panem et circenses: Bread and games. And of either there is no shortage in any "western" country. You have access to cheap food and cheap entertainment. Everything else is expensive, regulated and culled. Freedom isn't amongst the first things people want. What they want is food and entertainment.
And they got that. Plenty of that.
So you won't see a revolution anytime soon. People simply don't care. They don't care about freedom. They don't care about junk mail. They don't care about anything as long as their bellies are filled and their nerves are tickled.
If there was a God, he'd have replaced humanity with a sentient lifeform by now.
He Tried (Score:2)
He tried, but the replacement didn't have opposable thumbs.
Big mistake on His part.
Re:Fun day (Score:2)
Because, as we've learned, idealism can be bought for as little as a $300 tax refund.
What is really important (Score:3, Insightful)
Yes, sure, when you have NOTHING you couldn't care less about "problems" like DRM or spam. You got better things to do. But does that mean I should stop worrying altogether as soon as I got a burger in my stomach and Galactica on my TV (or HDTV)?
It worries me that people actually do just that. They don't care anymore what's going on with their life and how they are reduced to being
Re:Fun day (Score:2)
Uh.... Boston Tea Party?
Re:Fun day (Score:2)
History (Score:2)
Catalyst (Score:3, Funny)
The president getting a BJ.
Re:Fun day (Score:2)
Re:Fun day (Score:3, Interesting)
Wish I had a well researched answer, but the best I can do is pull the following out of my ass:
Political science has developed to the point that governments, ours included, are becoming quite adept at manipulating the public.
It has reached the point where, after realizing that their greatest threat is from the educated, they have made the "educated elite" their enemy and worked hard to curtail higher education, thus depriving the future of their greatest
FCC mis-step (Score:3, Interesting)
The FCC's made a mis-step here. Junk e-mail is one thing, it costs time and hassle but not money. Junk faxes, though, cost money. The accountants will see the cost of consumables (paper, ink/toner) go up, and they'll be able to tie it directly to junk faxes. That's when the business groups start calling their Congressmen saying "Your FCC's decision is costing our members money. Do something, or come election time our contributions go to your opponent.". That's why the junk-fax provisions of the TCPA were put in in the first place.
Of course, there's also another catch. The FAX-sending entity probably has a FAX line too. If they're claiming an existing business relationship with you, they can't very well deny you having an existing business relationship with them, now can they? And these new rules allow you to send junk FAXes to entities you have an existing business relationship with, don't they?
Re:FCC mis-step (Score:2)
Bandwidth is free? It's (usually) small when you're an individual user, but ISPs have to upgrade because of spam.
Coping (Score:3, Interesting)
Of course, there's also another catch. The FAX-sending entity probably has a FAX line too. If they're claiming an existing business relationship with you, they can't very well deny you having an existing business relationship with them, now can they? And these new rules allow you to send junk FAXes to entities you have an existing business relationship with, don't they?
Actually, this just gave me a neat idea.
First off, I suggest that FAX machines should have the ability to read CID data, and that FAX
Re:Coping (Score:2)
Re:FCC mis-step (Score:2)
Not to mention all the extra servers, storage space, extra wages paid to employess to design and implement anti-spam systems (or the costs to outsource it), to clear customers mailboxes that
Re:FCC mis-step (Score:2)
The only way I can think of to get around this without paying some fees to someone is to set up your own dialers in each area code, connected via internet, and send out that way - similar to an old-school ISP setup (only outgoing instead of receiving calls). Sure there ar
To back up sqlrob's comment and expand upon it. (Score:2)
Spammers steal from all of us.
Please make them STOP. (Score:4, Informative)
Before that time, I used to receive a total of 3 or 4 faxes a week total (from my clients, and none from scam-marketers)
Virtually all of these faxes are of the nature of "HR is sponsoring a company trip to Aruba for $300", "June, I thought you'd be interested in this special weight loss pill, it worked for me!", and "refinance your house".
I'm not sure how congress or the FCC let this scum go nuts, but it's obvious that they have, costing ME lots in paper, toner, and consumption of my otherwise important business FAX line.
Re:Please make them STOP. (Score:2, Informative)
The *first* time you called one and said "take me off your list", you just raised the value of that CONFIRMED GOOD fax number 100x. So you got bumped to the "confirmed good" fax number list, to be sold MUCH more widely.
Here's a trick: put a phone on your fax line. Hit *77 or whatever your local telco's signal is for (Anonymous call reject). Reattach your fax.
Voila, 90%+ of your incoming spamfaxen are now prevented from reaching
faxes and email differ (Score:2)
Huh? This line of thought applies to email, where sending to a non-existent address and sending to an existing address may only be differentiated by a "remove me from your spam list" reply, but a fax number i
Good thing FAX use is way down (Score:2)
The last FAXes to go are likely the one's in lawyers' and doctors' offices. They like the hard copy, cause it seems more legal . . .
Re:Good thing FAX use is way down (Score:2)
Where I work (sales office), while there has also been a decline in faxes vs. email, the fax machine is still HEAVILY used. We have 10 incoming fax lines. I've never had someone say I can't fax it, but I get plenty of people everyday say that there email's not working & ask me to just
Junk (Score:2)
I'm not claiming to be pro-Bush, but.... (Score:3, Informative)
The problem isn't this president; the problem is the last 38 or so.
Selling Out Six Or So Years (Score:5, Insightful)
Yea, Clinton signed that one.
Bush is an ass, but if you can't be honest about why you hate him, just keep your trap shut.
Re:Selling Out Six Or So Years (Score:2)
Ease off the coffee, man. You can hate people/things even for reasons others don't like. For instance, you appear to hate critics of Bush who fail to criticize Clinton for similar offenses . . .
Re:Selling Out Six Or So Years (Score:3, Insightful)
Obsolete? (Score:3, Interesting)
Is the fax obsolete? Does anyone rely on faxing (maybe for contracts?) for their jobs? For me, e-mail is for documents I need, SMS is for notes and quick messages. I don't see anything in my businesses that needs the fax other than applications for accounts.
Re:Obsolete? (Score:3, Interesting)
It's almost dead, but it's not dead yet. Luckily, for the most part, the fax machine is obsolete... At least on the receiving end.
Re:Obsolete? (Score:2)
Re:Obsolete? (Score:2, Interesting)
Faxing those documents makes some sense, but it is still so antiquated -- a technology from the 60s (or earlier) still being used today.
I understand e-mail's insecurity, but I don't understand why companies aren't using the option of a secured private network to transfer information. Sure the internet is hackable, but t
Obligatory "It's Bush's fault" editorial (Score:2)
Isn't that just assumed now?
As long as CSID continues... (Score:2)
(CSID)
Caller Sender Identification
When any fax machine sends a fax, it includes a Caller Sender Identification (CSID) at the top of the fax. This method is useful for routing messages when all faxes from a particular company are destined for a single user.
It was also against the law to send faxes without it, at least it was 10 years ago when I used faxserve on *choke* netware.
Bad legislation is bad legislation however, you can miss important calls for your fax machine
Re:As long as CSID continues... (Score:2)
Whatever... (Score:2)
Besides, who uses a fax machine for incoming faxes anymore? Fax is a paperless process now. Incoming junk faxes don't cost the recipient money like they used to when they would use up your thermal paper.
The right hand knoweth not what the left doeth (Score:3, Insightful)
I saw the restrictions go in in the first place (Score:4, Interesting)
That caused a little panic around that awful office. We had a little group meeting, in which we were told that we'd need to do a ton of "cold calls" to get permission to send people these unwanted faxes. Several recommended techniques for getting unknowing employees at the other end to sign off on that idea were provided to us.
I quit the next day, after maybe three days on the job. It was excruciating to consider how asinine the whole situation was -- on our end, on theirs, for everyone... the cost in worthless faxes that wouldn't sell anyone anything.
That was more than, oh, ten years ago now. The catalog junk mail industry has been straining at those restrictions since then, I guess. More than a little out-of-date, really, to be trying to sell hard drives over the fax... You'd think they'd be concentrating on their own Web presences long since, wouldn't you?
Old iMac makes a better fax machine (Score:2, Informative)
Re:Old iMac makes a better fax machine (Score:2)
Re:Old iMac makes a better fax machine (Score:2)
The FCC does not have the authority to change law. (Score:5, Informative)
"It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine"
A "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as:
"equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper."
The term "established business relationship" is by law only applicable to a "telephone solicitation," which is clearly defined in the law as different than a fax. Furthermore, the FCC is by law specifically allowed to exempt by law only two specific sections, neither of which pertain to faxes.
http://uscode.house.gov/uscode-cgi/fastweb.exe?g etdoc+uscview+t45t48+1372+1++%28%29%20%20AND%20%28 %2847%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w% 2F10%20%28227%29%29%3ACITE%20%20%20%20%20%20%20%20 %20
A bit too much hype (Score:2)
If you do publish your fax number on the net, you can flag it as not being publication for the purposes of accepting fax spam. I just added the following text to my home page's fax number listing:
(NOTICE: No unsolicited advertisements are accepted at either of
Re:A bit too much hype (Score:2)
Easy fix... (Score:3, Informative)
Any Chances of a Good Government Story? (Score:2)
1) Spying on its citizens
2) Allowing companies to spam and fax at will & abuse patent law
3) Silencing or changing scientific studies or theories?
Re:Any Chances of a Good Government Story? (Score:3, Funny)
Well, there is the fact that there's only 209 more days until election day . . .
Re: (Score:2)
Get Their Attention (Score:2)
The problem is that the Democrats can't fight a war on terror, or keep Illegal (they call them Voters) immigrants
VoIP and the next presidential campaign (Score:2)
I remember when I used to use a regular land line all the time that I got faxes all the time sent to whatever phone line I had. I always loved the automatic fax spam at 10pm or whatever. Phone numbers get recycled, and for some reason so many places use really old phone book software (probably because it costs them a whopping $10 by then). So, my solution is to be on VoIP. I don't really want a ton of places calling me anyway, so my friends have my contact info. If for
Re:What about telegraphs? (Score:2, Interesting)