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Purposed Legislation Would Ban "Robocalls"

"The widespread use of this new technology crosses the line from campaigning to harassment"

Wisconsin Representative Spencer Black announced that he has drafted legislation to ban the use of automated, computerized phone calls, known as robocalls. Black will introduce the legislation when the State Legislature reconvenes in January.

Robocalls are calls dialed by a computer to a large number of telephones to deliver a prerecorded message. These calls were used extensively during the last campaign.

"Robocalls are excessively intrusive on personal privacy, whether used for political or commercial purposes. Because they are cheap and easy to make, their use has increased dramatically," said Black. "While I believe we must protect the right of candidates to get their message out, the volume of these calls has become excessive. They are overly intrusive on the privacy of our citizens, often to the point of harassment ... Robocalls, because of their great volume, are unacceptably invasive and should be banned."

Black said the bill he will introduce is modeled on an Indiana law which prohibits the use on an "automatic dialing-announcing device" unless the person receiving the call has given permission to play a recorded call. The Indiana law requires that all mass phone calls must be placed by a human being unless the customer has given written or verbal consent for a recorded message. The caller can ask for permission to play a recorded message, but the message can only be played if consent is given. The bill exempts calls by a school to students or parents, by a business that has a current relationship with a customer or an employer advising its employees of work schedules.

Wisconsin law currently bans robocalls for commercial purposes, but not for political purposes.

"It is important that we protect the ability of candidates to campaign for office, even if the campaigning is sometimes annoying. That's the price of democracy," Black said. "However, the widespread use of this new technology crosses the line from campaigning to harassment and should be prohibited. This law will not interfere with reasonable campaigning. Indiana already bans robocalls and that state had some of the most vigorous congressional campaigns in the nation during the recent election."