The National Do Not Call List web site operated by the Federal Trade Commission (FTC) has been a big hit with consumers. Some 50,000 plus phone numbers have been registered. However, the site does contain a little known secret in the form of a web bug and a potential spy among it in the form of AT&T, one of the largest, most persistent telemarketing firms in the world.

Now the site, does not tell you that and there is no mention of AT&T anywhere on it (remember its a secret) but if you were to examine the HTML code of the site, not the way the site looks, because the image is clear and hidden from view, you would find this little piece of tracking code on the site within < >:

IMG BORDER="0" NAME="DCSIMG" WIDTH="1px" HEIGHT="1px" SRC="http://g6589dcs.nyc2.aens.net/DCS000003_6D4Q/njs.gif?dcsuri=/nojavascript"

To see the code, choose View Source in your web browsers menu and then search for something like IMG. The image is clear (white) blending into the background, and is very tiny, only 1 pixel by 1 pixel in size. This is a common tracking technique and typically hidden from the eyes of web visitors and most advertisers and advertising affiliates do it with ad banners.

If you were to trace back, Aens.net (go ahead type that in your web browser) you'll find out that it is part of the AT&T company and the url points to AT&T Managed Services. Essentially AT&T has tapped the web site with a little bug in the form of a cookie and is recording identifiable information and sending it to their g6589dcs.ny2.aens.net server. This code could have a legitimate purpose such as logging traffic, however it can also be used malitiously against you without your knowledge. First and formost, I've heard AT&T (though its government operations) is providing the service and technical support for National Do Not Call Registry. I believe they developed the back end and I believe are hosting the site. I have no proof of either though and a search of the .GOV whois database for DONOTCALL.GOV doesn't show the web site's Name Servers (which might allude to who is hosting the site). If it is a log cookie for web site tracking purposes, why does it not point back to donotcall.gov? It could have easily been implemented that way (most sites work that way), the browser would not pick it up, and I wouldn't be writing about this apparent covert hijacking of identifiable information. The code in the form of a cookie could be used to record your IP address of your computer, time and date on the site, as well as other identifying information about you. While on the site, you are also legitimately submitting your phone number as well as other information. This information could easily be tied together.

Both Netscape 7.x and Internet Explorer 6.x's privacy features kind of alerts you to this issue, but only if you have set them up to reject third party cookies. On IE, if you notice while on the site, www.donotcall.gov, IE generates a privacy report denoted by the eye icon in the lower right hand area of the browser window. If you click on the eye privacy report icon, you should see that IE blocked the cookie and is alerting you that one tried to be set. A picture of this is below to show you.

I think we need to demand a explanation from the FTC about why AT&T is "stealing" our information! There is no mention of this in the FTC's privacy policy itself. It doesn't say we share this information with AT&T. And what does At&T do with this information? One could probably use it to to determine the demographic makeup of the list members in advance of the list's publication and distribution to AT&T's competitors which might give AT&T an advantage. The FTC might not even know about it because its "hidden". I have no problem with people collecting my information, but the damn well tell me why and what they are collecting! It would be interesting if all of a sudden we all get an influx of telemarketing calls from AT&T!

There seems to be a major conflict of interest to place this "do not call" list in the care of a company that is in the business of selling their services through telemarketing (most telemarketing calls are from phone companies), and of course AT&T sells phone service to other companies who use the phone to call people.

Mind you, when all this is said and done, do I still believe in the Do Not Call registry? Absolutely. Should this potential intrusion into your privacy discourage you from signing up? No! Telemarketing calls are the scourge of the earth -- do yourself a favor and get on the list to stop most of these calls. But as consumers, I think we need an answer from both AT&T and the FTC as to why this is happening in the first place and have the code removed.

» 11:06 AM :: permalink

As a follow up to yesterday's blog and in light of the US Court of Appeals ruling from yesterday, the Federal Trade Commission (FTC) will begin allowing consumers to once again register for the National Do Not Call Registry. Consumers can file complaints against telemarketers beginning Saturday.

Consumers who have not already registered their phone numbers may do so beginning Thursday, October 9 at 8:00 a.m. EDT at www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236).

Telemarketers may access the registry at telemarketing.donotcall.gov beginning Friday, October 10 at 8:00 a.m. EDT. Telemarketers who disregard the registry and call consumers on the list may be fined up to $11,000 per call.

Consumers can file do not call complaints beginning Saturday, October 11 at 6 p.m. at www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236). If you put your number on the registry before August 31, you can file a complaint about any telemarketing call received after October 1, 2003. To file a do not call complaint, you must know the date of the call and either the name or the phone number of the company that called.

Consumers who put numbers on the registry after September 1, 2003, must wait approximately three months before filing a complaint.

» 7:40 PM :: permalink

A panel of three judges in the US Court of Appeals ruled today in favor of the Federal Trade Commission (FTC) and has granted the FTC's request to stay the order of the U.S. District Court for the District of Colorado enjoining enforcement of the FTC's Do-Not-Call Rule. The Federal Trade Commission can go forward with its national "do not call" registry while an appeals court considers whether the list violates telemarketers' free speech rights. The order comes nearly a week after the registry was to be implemented and enforced.

The decision by the 10th Circuit Court of Appeals makes it easier for the federal government to enforce its popular anti-telemarketing program. According to FTC Chairman Timothy J. Muris, "this is an important victory for American consumers. We believe the Rule fully satisfies the requirements of the U.S. Constitution, and we will now proceed to implement and enforce the Do Not Call Registry." Officials at the Federal Communications Comission (FCC) echoed the sentiments of the FTC chairman and hope to work together to enforce the national registry.

As of this post, the Do Not Call Registry is still not accepting new numbers at its web site at http://www.donotcall.gov.

» 8:30 PM :: permalink

A piece of the national do-not-call list went into effect today, but a complex legal fight has made it impossible for the government to judge its ability to stop unwanted calls from telemarketers. Officials in charge of enforcing the do-not-call list said Wednesday was an important day for American consumers.

On September 25, 2003, the U.S. District Court in Denver ruled that the National Do Not Call Registry provisions of the TSR violate the First Amendment, and prohibited the Federal Trade Commission from implementing the registry.

Pending court action, the Federal Trade Commission cannot implement the National Do Not Call Registry. Most telemarketers, however, also are subject to the Federal Communication Commission’s (FCC) do not call rule, which also takes effect October 1, 2003. The FCC has announced that it will enforce its rule and is accepting complaints. The Associated Press reports that the FCC said it received about 250 complaints about telemarketers by Wednesday afternoon, most of them from people registered with the do-not-call list who said they were still being called.

Today, the Direct Marketing Association, the largest telemarketing association, which said many of its members would abide by the list despite the legal uncertainty, launched its own Web site and phone number to take complaints. Adding further confusion. The DMA on Wednesday launched a national Do-Not-Call Consumer Complaint System, allowing consumers who have listed phone numbers on the list to log complaints against companies they believe have not honored their wishes not to be called.

Apparently those fighting against the national do-not-call registry don't like being called at home during dinner by telemarketer's either. According to the Hartford Courant, the home telephone numbers of 11 top executives of the Direct Marketing Association - which has waged a bitter court battle to kill a federal no-call list - are on the new registry, which would make them off-limits to those annoying sales calls. If they don't like calls, they shouldn't be fighting it but money is driving the legal action as the industry is expected to loose big time. Seems a bit hypocritical to me or at least can be seen as hedging their own bets!

Some state attorney generals from states with do-not-call lists prior to the federal list are vowing to enforce the state lists. North Carolina Attorney General Roy Cooper said his office said they will enforce the state no-call list, despite the legal challenges to the federal list. No word from Connecticut's AG Richard Blumenthal or Commissioner Fleming from the Department of Consumer Protection on whether they plan to continue to enforce Connecticut's state do not call list which went into effect on January 1, 2002.

Government officials are directing consumers who registered phone numbers to submit complaints about telemarketing calls to the FCC at its Web site (, by sending an e-mail to donotcall@fcc.gov, by mailing a letter or by calling 1-888-225-5322.

However, both telemarkers and consumers are befuddled. Hopefully, it will work itself out soon.

» 11:30 PM :: permalink

On Tuesday in federal district court, Judge Lee R. West of Oklahoma City ruled that the federal "Do Not Call" List scheduled to go into effect next week on October 1 said that Congress never gave the Federal Trade Commission the power to enforce the do not call rule. In essence, he blocked the implementation of the do not call rule.

Today, Congress answered. In a miraculous whirl wind piece of legislation, members of the House and Senate drafted a bill, voted on it, and passed the legislation all in one day in an effort to bolster the FTC's power and ascert they indeed have the right to make and run the list! The legislation arrived on the floor faster than it takes to hang up on a telemarker! The House voted 412-8 for a bill making clear that the Federal Trade Commission has the power to enforce the list. The Senate voted 95-0 several hours later. The list, which is supposed to be effective on Wednesday, had overwhelming support in Congress. President Bush is expected to sign the bill.

However, the list is still in jeapardy. Late Thursday another judge jumped into the foray. U.S. District Judge Edward Nottingham in Denver ruled that the Do Not Call List violated telemarker's freedom of speech. He did not examine the earlier issue of the FTC power to run the list. If Congress' legislation is signed into law by President Bush it does not automatically nullify the court order. West, the Oklahoma City judge, must still dismiss the case brought by telemarketers in order for the list to move ahead. Now the issue of freedom of speech looms large.

With some 50 million phone numbers added to the Do Not Call list, nearly one third of all US households have signed up to have thier numbers added to the list. There are about 166 million residential phone numbers in the United States and an additional 150 million cell phone numbers. The FTC’s rules require telemarketers to check the list every three months to see who doesn’t want to be called. Those who call listed people could be fined up to $11,000 for each violation.

Telemarker's have vowed to fight and it will hardly mean the end of legal challenges. The essential issue remains the telemarketing companies’ First Amendment right to free speech.

But what about consumer's freedom for no speech in the form of unsolicited marketing calls? Apparently the verdict is still out on that issue. I say, take your telemarketing calls and stuff them! Or give me you number and I'll call you every day at dinner even when you tell me to stop calling and to remove my name from your database. Apparently telemarkers numbers are all unlisted!

Get you number on the Do Not Call list at DoNotCall.gov or by calling 1.888.382.1222 from the phone number you wish added to the list.

» 7:39 PM :: permalink

The last pair of Bruce Springsteen Tickets for the Tuesday, September 16th show at Rentschler Field in East Hartford, CT are still available. Bidding starts at $39.99. The listing has a low reserve. Buy the tickets now for only $150 and save $30 off the ticket price. Check out the 5 day auction at http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2191414939.

» 9:43 AM :: permalink

A couple of teens, called the sheriff's office by mistake looking for pot. The sheriff called back, said he was "Dupe" and arranged for a meeting at a convenience store for the sale. The teens showed up and were busted for possession of drug paraphernalia and intent to buy drugs. View the entire story of these two dope smoking stews in the Hartford Courant at ctnow.com.

ctnow.com | Dope-Seeking Teens Call Cops by Mistake

» 4:30 PM :: permalink