[Congressional Record Volume 149, Number 151 (Friday, October 24, 2003)]
[Extensions of Remarks]
[Page E2128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PERSONAL EXPLANATION

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                            HON. JEFF FLAKE

                               of arizona

                    in the house of representatives

                        Friday, October 24, 2003

  Mr. FLAKE. Mr. Speaker, today I voted ``no'' on final passage of H.R. 
3161. While acknowledging my opposition to this bill is unpopular--even 
in my own household--I believe I voted correctly.
  Telemarketing calls bother me as much as the next person and I 
understand the desire to prohibit them. But I do not believe that 
asking the government to take care of this problem is the answer. New 
products are now on the market (Caller ID, voice mail systems, 
answering machines, Privacy Director, Call Reject, etc.) that inhibit 
the activity of telemarketers, and states are passing their own laws to 
address this issue. In fact, Arizona began enforcing the state's own 
telemarketing restrictions on October 1, 2003.
  Most people know that H.R. 3161 provided authority to the Federal 
Trade Commission (FTC) to implement and enforce a national do-not-call 
registry. What many do not know, however, is that the bill allows 
government bureaucrats to pick and choose which calls consumers can 
block. It is not surprising that consumers cannot sign up to not be 
bothered by politicians. I would be willing to bet that consumers will 
find those calls to be just as annoying as any others. When government 
sets the rules, it must not discriminate based on the content of the 
calls. That's what the First Amendment means.
  I consistently vote against additional federal regulations. Granting 
the FTC additional authority to further regulate on this matter, 
however popular, would be inconsistent with my record.

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