SMS What?

2021 July 14
by drdog09

So you have heard that the government is going to harass you via rebuttals via SMS messages. Right? Well if you have not, they intend to. But there is a twist –

The govt itself can’t do it.

So their work around is they are going to use non-profit proxies to do it for them. And why that way you may ask?

  1. The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.


Tax exempt entities are excluded from the 1934 and 1996 Communication Acts. How nice.

Why SMS is probably your next question. Well SMS services are not directly defined in either of the previous Acts mentioned as the service was deployed after these Acts were drafted. It may work, I am not a lawyer (thank God.).

However this approach might be on thin ground, because telephone, and hence cell phones and fax ARE defined in both acts and have specific requirements. Smart phone technology has so blurred the realms of those two devices one could argue that SMS services are inherent to the phone service itself. SMS is indeed critical to the Telcos as they developed the messaging protocol originally for remote management of cellular services. Only later did they realize they could expand and offer SMS as a feature to the customer base. The other is cellular smart phone devices ARE the fax machine. A service like WhatsApp pretty much resembles a fax like service, the video component not withstanding.

Now making a case there would be some impediments:

  • Jurisdiction will be federal, per the Acts.
  • Venue would probably be 1st Circuit DC.
  • Does the luck of the draw deliver you to a strict constructionist judge or not.

The core problem here is a familiar one. Essentially it is the same problem we have been facing with Twitter and Facebook – non-government concerns working as agents of the State to encourage or discourage actions that the State itself cannot engage. The government cannot restrict your exercise of free speech but Twitter can certainly do so by deleting or shadow banning you. In the same vein Media Matters could take it upon themselves to do the bidding of the government by littering your SMS inbox with counter narrative junk. Marsh v. Alabama, 326 U.S. 501 (1946) points in the direction of private entities functioning in lieu of the State but is highly constrained by the presumption of ‘public function’. The courts seem unwilling to expand the concept further.

I am afraid that the singular course of action to resolve this public-private elimination of peoples rights will be an amendment to the USC prohibiting such practices.

38 Responses leave one →
  1. 2021 July 14 6:06 am
    drdog09 permalink

    Unless something is done we are going to see more and more private actors acting as proxies for the State.

    * Yellin has already asked banks to curtail funding fossil fuel projects to advance green initiatives.
    * Credit card companies are taking it upon themselves to not accept merchants that sell guns.
    * Catholic Charities accepting govt grants that assist illegals in subverting immigration law.
    * Probably likely in 20 years you won’t be able to buy a internal combustion car as the mfs are nudged that direction.

  2. 2021 July 14 6:49 am
    bc3b permalink

  3. 2021 July 14 7:51 am
    drdog09 permalink

    Add this — — #2 and the Fix was seriously in on GA

    I don’t see how you can stop a covert Dim for running as a GOPer without something like a loyalty oath.

  4. 2021 July 14 8:00 am
    JimNorCal permalink

    This part looks a little contrived:
    “The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person….”
    Would they call fact-checking texts, unwanted texts from tax-exempts and fake news gov’t propaganda texts “services”? Because they sure aren’t property or goods.

  5. 2021 July 14 8:15 am
    JimNorCal permalink

    Five minute “elevator pitch” from climate scientist Judith Curry. Overall, she’s a believer in Global Warming but she’s attained a reputation for treating facts with intellectual honesty and she’s not been an Alarmist.
    Note her repeated suggestion to NOT impose “20th century” renewable policies on 21st century societies.

  6. 2021 July 14 8:28 am
    bc3b permalink

  7. 2021 July 14 8:28 am
    drdog09 permalink


    Yeah. On purpose I am sure. Interesting factoid — Only two agencies are controlled by Congress, Capital Police, & FCC. Even in 1934 they did not want the executive branch managing telecom. Interesting considering who was POTUS at the time.


    She’s right. Tech change is outpacing policy change across the board. I tell people all the time that capitalism is the only economic vehicle that can deliver the singularity and keep pace with it.

  8. 2021 July 14 9:29 am
    drdog09 permalink

    As it should be — — That’s right parents, YOU need to teach gun safety to your youngn’s.

  9. 2021 July 14 9:40 am

    “Unless something is done we are going to see more and more private actors acting as proxies for the State.”

    Duh (no offense), been happening for a decade+, and the present white house openly admits they’re gonna push more of it, especially regarding jabs. What’s made it even easier too accomplish is all the ridiculous consolidation in the last 20 years.

    Admittedly I often forget about this one, even though it was of the first eye-openers for me at the time (knowing the government was covering up a disaster they caused, and willing press who was asking no questions).

    5 – Tech change has always broadly outpaces policy, sometimes on purpose\by-design and others just the natural pace of things combined with ignorance (or purchasing) of policy makers.

  10. 2021 July 14 10:18 am
    JimNorCal permalink

    Anyone else see these in your area?
    Free phone, text, internet if you have a gov’t-issued ID and are poor: unemployed, homeless, have an EBT card, MedicAid or MediCal, etc
    I’m guessing the checking is not very rigorous but maybe I’m just a cynic.

  11. 2021 July 14 10:19 am
    JimNorCal permalink

    His stuff is free, the sign that says “Everything $1” is because he is out front of a Dollar Tree store.

  12. 2021 July 14 10:33 am
    drdog09 permalink


    That scam has been going on since the Obama years. It was one of the last projects I was involved in before leaving VZ. I hated every minute of it. Great for Verizon because they could ‘sell’ a platform plan that filled slack capacity but could be locked out at peak periods and the govt paid for all of it, plan and phone. Ugh.

    Checking? Hah! There were people signing up 3,4 times for plans. Even VZ did not check, they got paid regardless.

  13. 2021 July 14 1:11 pm
    JimNorCal permalink

    Ivermectin vid, about 9:30 in length and they don’t say anything consequential until about minute 7.
    Strong evidence that it’s effective.
    I’m thinking Crimes Against Humanity by elites suppressing its use.

  14. 2021 July 14 1:42 pm
    “In North Carolina, health officials are using a far-Left community organizing group to go to COVID-shot-hesitant areas to “educate and encourage” people to get a shot. If someone indicates they’ll get a COVID shot, the organizers, who usually register people to vote for Democrats, call an accompanying health department injector to administer the shot on the spot.”

    Those people “educating and encouraging” and calling in injectors are actually radical community activists who probably got a grant from Uncle Sugar as a way of keeping them paid until the next election cycle.

    Did I call it, or did I call it, about using the same infrastructure\groups. 😉

  15. 2021 July 14 1:44 pm

    “Action NC is the usual brew of Leftism. They want to “grow the vote” for Democrats. The group has programs such as the “Race, Gender and Equality” program, for which the acronym is “RAGE.” They favor illegal immigration, want their definition of better schools, and are vociferously anti-President Trump. They’re also in favor of women’s issues, most notably, “working to ensure that [they] are not being told what to do with their bodies.””

    The fucking irony.

  16. 2021 July 14 2:19 pm

    “The Democrats insist that ‘Voter ID is unworkable’, because we don’t have the money, manpower or resources, to go to the home of every person who is too stupid, lazy or infirm, to go down to the government office and pick up their free ID card’. Yet they suddenly have money, manpower and considerably more resources for door-to-door injection service.”

    Good comment I noticed elsewhere.

  17. 2021 July 14 2:50 pm
    justrand permalink

    KH, and if the door-to-door injectors actually inject someone they MUST issue a Vaccination Card in their name…and so they MUST check the I.D. of the person they injected.


  18. 2021 July 14 3:14 pm

    It’s not just memes it’s USN personnel in their own words\assessments.

    Problems adversaries don’t have.

  19. 2021 July 14 3:20 pm

    The arrests for “fake” vax cards begin, also for making “false” statements related to health care matters”. You see the FBI now gets to decide what speech is allowed on the topic of health care, and what isn’t.

  20. 2021 July 14 3:50 pm
    justrand permalink

  21. 2021 July 14 4:12 pm
    drdog09 permalink


    Yeah I was going to lead with — “The white hats are coming, the white hats are coming…..”

  22. 2021 July 14 4:18 pm

    Blackholes deemed racist, Milkyway also deemed racist by SCOTUS and the Earth has been ordered to change it’s orbit to either eject itself from the both the solar system and the local galaxy or to intersec with the sun, whichever can be accomplished first. NASA to get started ASAP in determining how best and how quickly they can get the earth to comply with the courts ruling. Meanwhile RU and CN space agencies were defiant saying they will ignore these rulings and promise to counter any such attempt by NASA. Also the court ordered “blackholes” to now be referred to as “empty holes” and the local galaxy to be refereed to as Utopia.

    Tune at 10:00pm tonight for updates from Idiocracy News @ INN.INN

  23. 2021 July 14 5:11 pm

    Former Planned Parenthood Staffer: We Pushed Sex Ed on Kids to Create a Market for Abortion

    Hey maybe while they’re going door to door they can ask if anyone wants an abortion. 😉

  24. 2021 July 14 5:58 pm
    Lost his mind – That said tbh more communism is coming from CA,NY,IL,MD,DC etc maybe we should start with bombing them? lol

  25. 2021 July 14 6:06 pm

    So they whined and tried to constantly stop any use of the military to actually control our borders, but have no problem using the military to move illegal immigrants from border areas to locations all around the country. No doubt continuing what Obama started with moving them in purple and red areas to then over time change election outcomes either via illegally voting or via their offspring over time.

  26. 2021 July 14 6:11 pm
    drdog09 permalink

    Viva/Barnes/Alex Jones —

  27. 2021 July 14 6:25 pm

    “At least 40 girls and women said they were sexually abused by Nassar
    over a 14-month period from July 2015 to September 2016 and the FBI was
    fully aware of the allegations.”

    Priorities, fibbers were all busy with X-fire hurricane and razor during this period..ain’t got no time to investigate real allegations, especially ones against a person being protected by the local SAC, can’t be stepping on peoples protection rackets like that. 😉

    “The Justice Department declined to prosecute the FBI agents for false statements to the IG”

    But of course… no accountability.

  28. 2021 July 14 8:41 pm
    JimNorCal permalink

    25, I bet Babylon Bee would be able to run with that!

  29. 2021 July 14 9:39 pm
    PresidentRonaldPaul permalink

    Would be a greenlight for China to invade their neighboring island as well if the USA did it.

  30. 2021 July 14 9:41 pm

    More fibbing or I guess in this case DoJing:
    59 of 96 phones assigned to Mueller probe missing.

    79 of 96 were returned…who knows where the other dozen+ went, then of course 59 of those went unaccounted for… assuming they weren’t wiped “with a cloth” every which way to Sunday before then rest assured they are by now.

  31. 2021 July 14 9:45 pm

    TBH Tom I don’t think cutting in half will even do much, it can’t be saved.

  32. 2021 July 14 11:14 pm
    “The suit claim’s Florida’s ban on vaccine verification “poses imminent, substantial, irreparable harms” to the company.”

    Boo hoo, don’t dock in FL if you don’t want to comply, or bend over and deal with it. It’s not like your boats weren’t already Petri dishes before all this anyway. What about all the imminent substantial and irreparable harm to your customers? Besides it’s not like the VAX is actually stopping people from getting infected anyway (yet another: – particularly in packed environments like ships.

    BTW give me a break with imminent and irreparable harm I mean I could off but highly doubt people are rushing out to book cruises right now.

  33. 2021 July 14 11:28 pm

    Oh this a new one I’ve not heard before…

    p1: “Where you from?”
    p2: “I’m culturally ‘Fluid’”
    p1: “Where da fuq is that?”‘
    p2: “Everywhere I guess”

    Though I do think it’s funny how once the woke insanity boomeranged upon her, she used another one of woke fictions against them as a defense. 😉 cute.

  34. 2021 July 15 5:24 am
    drdog09 permalink


    Would not be surprised if the whole messaging was to provide cover vis a vis their indemnity insurer.

    The facts about the women getting infected has me more and more convinced that the only real immunity against CoVid is the natural one you develop by contracting the virus.

  35. 2021 July 15 5:28 am
    drdog09 permalink


    LOL. Well it does solve the cultural appropriation issue!

    “Where do we go for lunch?”
    “I feel Spanish today. Lets go Mexican…”

  36. 2021 July 15 5:48 am
    JimNorCal permalink

    CA legislature moves to make populations more dense. Once we’re dense they can award no bid contracts for mass transit to their friends and take away cars. Thus “solving” global warming.

    From the anti tax group Howard Jarvis Tax Associan:
    “Today, Thursday, July 15, the Assembly could vote on two bills that may have important impacts on homeownership in California.

    Senate Bill 9 permits “by right the development of two units on single-family lots” and allows “[subdivision of] a parcel that is zoned for single-family residential use;” that “in conjunction with the two-unit provision” could “result in a total of four units on the lot.” This is a reintroduction of last session’s SB 1120.

    Senate Bill 10 would “authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill sites” and would override HOA agreements and voter initiatives that prohibited or limited such development in those areas. Last year’s version of this bill was SB 902.”

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