On Feb. 12, Senate Rules Committee Chair Dianne Feinstein (D-CA) and Sen. Arlen Specter (R-PA) introduced S. 2624, the Robocall Privacy Act of 2008. The bill would place restrictions on how and when prerecorded messages, known as robocalls, can be made 30 days before a primary and 60 days before a general election. The bill would only affect prerecorded calls, not calls made by volunteers at phone banks.

Robocalls are an inexpensive way to send prerecorded messages to a vast number of people. The messages can be an effective advocacy tool for groups to promote issues, solicit donations, or campaign for or against any political candidate. Commercial robocalls are limited by the Federal Trade Commission's "Do Not Call" list, and many states have their own no-call lists. Organizations engaged in political, charitable, or survey work are exempt from these lists, but lawmakers are responding to complaints about abuses of this practice, which include calls late at night and robo-messages that may intentionally mislead voters.

A press release from Feinstein and Specter said the bill would not ban robocalls but place "sensible restrictions" on them, including:

• Limiting the hours the calls can be made (no calls between 9 p.m. and 8 a.m.)
• Limiting the number of calls that can be made to each household (no more than two calls per organization to the same telephone number per day)
• Requiring callers to identify themselves at the beginning of the call
• Prohibiting the calling organization from blocking their caller identification number

The Federal Election Commission (FEC) would be able to impose civil fines against violators, and individuals could sue to stop abusive calls.

According to a December 2006 survey by the Pew Internet and American Life Project, 64 percent of voters received recorded telephone messages right before the 2006 mid-term election, and they were the second-most popular way for campaigns and political activists to reach voters.

In the House, four bills have been introduced addressing this issue, and the House Administration Subcommittee on Elections held a hearing on Dec. 6, 2007, to examine the use of robocalls in federal campaigns. Subcommittee Chair Zoe Lofgren (D-CA) introduced H.R. 1383, the Quelling of Unwanted Intrusive and Excessive Telephone Calls Act, which would impose similar limits as the Feinstein-Specter bill. During her opening statement, Lofgren said, "Used responsibly, robocalls can be an efficient, low-cost means for candidates and advocacy groups to reach out to their supporters or the public at large. Used irresponsibly or maliciously, however, robocalls can harass, confuse, or deceive the public about elections or other matters of pressing importance . . . many voters responded to the deluge of robocalls by disengaging from the election entirely. With the airwaves already saturated with political advertising, robocalls drove voters away from meaningful participation in the democratic process." Lofgren may add a provision to her bill that would require groups running robocalls to adhere to the same do-not-call list as commercial telemarketers.

Two House bills would direct the Federal Trade Commission to prohibit political prerecorded calls to telephone numbers listed on the federal do-not-call registry. One is sponsored by Rep. Jason Altmire (D-PA) (H.R. 372) and another by Rep. Virginia Foxx (R-NC) (H.R. 248). Foxx has pledged not to conduct robocalls to voters in her district if their phone number is registered with the National Political Do Not Contact (NPDNC) registry at StopPoliticalCalls.org, established by the nonprofit group Citizens for Civil Discourse. Foxx became the first member of Congress to sign the Do Not Robocall Pledge.

On June 25, 2007, the House passed a more expansive bill, sponsored by Rep. Rahm Emanuel (D-IL), H.R. 1281, the Deceptive Practices and Voter Intimidation Prevention Act of 2007. It would punish anyone who attempts to deceive or intimidate voters, including telephone calls that attempt to mislead voters. Sen. Barack Obama (D-IL) introduced a similar bill in the Senate, S. 453.

Many states are also taking action to regulate political use of robocalls. The Associated Press reports that "At least 12 states — Arkansas, California, New Hampshire, Indiana, Kansas, Minnesota, Montana, North Carolina, North Dakota, Oregon, South Carolina and Wyoming — restrict or ban political robo-calls. Some states require a human being to ask permission to connect a recorded message before giving a political pitch. Others require the caller be identified and provide contact information about the group making the calls. Some states just prohibit the calls." More than a half dozen additional states are considering their own restrictions.

Robocalls are not always intrusive or annoying. If used correctly, they can be effective advocacy tools, and an easy way for nonprofits to get their message to the public. The First Amendment limits restrictions on such messages, which may explain why proposals to require the call recipient to press a specific button in order to play the recorded message do not appear in any of the congressional proposals.