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FEC Permits Anonymous SMS Spam

crm114 writes "The Washington Post is running a story about the Federal Election Commission's decision today to waive the requirement that SMS broadcast messages indicate their origin..." And it'll only cost you ten cents to read each one. For what it's worth, you can read the agenda item which describes the issue before the FEC. It's rather interesting because it includes drafts of two possible responses by the FEC, depending on which way the commissioners actually voted at today's meeting. Although the company seeking the opinion suggested alternatives like providing a toll-free phone number in the message (preserving the spirit of the campaign finance disclosure rules), the FEC doesn't appear to have taken them up on it.

11 of 240 comments (clear)

  1. A problem where user pays by Albanach · · Score: 5, Informative
    This is a problem that is exacerbated by the receiving party pays for calls and text messages trap that, as I understand it, only the US has fallen into.

    Certainly here in the UK, the calling party pays for calls and text messages and it costs nothing to receive either. As a result, mobile (cellphone) numbers are handed out freely to all and sundry, with mobile phones being used much more conspicuously by everyone aged eight upwards.

    While it does not justify spamming, the idea that SMS spamming where the receiving party actually has to pay for the junk is one that wouldn't be tolerated here, and shouldn't be tolerated in the US or anywhere else.

  2. Re:Al Gore invented the Internet by Conanymous+Award · · Score: 2, Informative

    Political urban legends never die. They just move over to Slashdot and infest the minds of right wingers.

    Al Gore never claimed he invented the Internet. Read and weep.

  3. Paying for unsolicited SMS by Anonymous Coward · · Score: 5, Informative

    I work for ATT Wireless, if you don't think it's right to pay for receiving spam text messages you should sign up. There is no fee for receiving sms or e-mail messages on your tdma or gsm phone like other carriers. I don't know how they expect to mass spam sms customers, we're sure as hell not going to let them use our network for it.

    1. Re:Paying for unsolicited SMS by marvinglenn · · Score: 2, Informative

      (Partial)Bullshit.

      I have a phone through ATTWS, and I pay for messages over my alloted amount. I used to have an unlimited quota, but now I don't. I was forced into a new plan to get a break on another pricing issue, and I was told that unlimited messages were no longer an option. i.e. Once I switched plans, I COULD NOT GO BACK to an unlimited SMS pricing plan.

      ATTWS eastern WA state

      --
      The whores get mad when the sluts give it away for free.
    2. Re:Paying for unsolicited SMS by oval_pants · · Score: 2, Informative

      Funny...I have ATT wireless and I get charged $0.10 for every message I receive.

  4. It costs the RECEIVER money? by spoco2 · · Score: 2, Informative

    Erm... geeze, that's very darn harsh... In Australia at least, SMS only costs the SENDER money, it's free to receive them.

    Although there are the cases where you request information from a service, and they cost (I assume), although they are things you've explicitely asked for... how can it be legal to charge someone to receive messages on their phone they don't want?

    I have received a couple of pieces of spam SMS here... but they didn't cost me anything to read and delete them straight away...

  5. This only affects political advertising by decathexis · · Score: 3, Informative

    This decision has nothing to do with anonymous SMS. It only waives the requirement that a political message tells who paid for it.

    The first paragraph of the article:

    "A decision by federal election regulators to exempt text-based wireless ads from campaign disclosure rules has critics warning that consumers could find their mobile phones subject to a flood of political spam as campaign 2002 kicks into high gear."

  6. SPAM takes time, but not money here by Anonymous Coward · · Score: 1, Informative

    Here in Argentina SMS is free for receiving messages, but not for sending. I guess in most of Europe this is the same.

    But think it like this, maybe if SPAM takes time and money intead of just time, then it could be seen as something really bad for everyone and then it could be used less because anyone sending it will be seen as evil? :)

    Anyway, the only SPAM I have is from my phone company and not very often.

  7. Re:WTF? by phorm · · Score: 2, Informative

    As per the article: SMS=Short Messaging Service. As per cellphones, an SMS message is simple a message between cellphones or other wireless/cellular-type communication devices. Some companies also use DSM (Digital Short Message) same idea, but it is tied to an email address which can be used to send a short message to a cellular device.

  8. You're right by EvilStein · · Score: 3, Informative

    Being a current ATT Wireless employee myself, I know how this is. It's very easy to SPAM cell phones. That's why it's a good thing AWS doesn't charge people to get text messages. Cingular charges $0.10 for each message, sent or received. That can really add up if you're getting quite a lot of SPAM.

  9. All GSM operators should be barring sms spam by Stuart+Ward · · Score: 2, Informative
    The GSM association guideing principals on Privacy has a specific section of SMS advertising in their document AA-38 (Only available to GSM operators) I quote the section below:

    IV. WIRELESS ADVERTISING

    The GSMA recognizes that traditional advertising models may not apply to wireless services due to technology and application limitations, the restrictive user interface, and the as yet unproven effectiveness of and market for such services. Indeed, the wireless advertising industry is in its infancy. The GSMA supports the development of standards for advertising and cooperation with marketing associations to ensure that privacy is protected while new channels for information dissemination are developed. However, the GSMA guiding principle is that advertising sent to any wireless mobile device requires user consent and clear identification of the sender.

    There are two basic forms of wireless advertising today. First, wireless "push" advertising covers any content sent by or on behalf of advertisers and marketers to a wireless mobile device at a time other than when the subscriber requests it. Push advertising may include voice or audio, short message service ("SMS") messages, e-mail, multimedia messaging, cell broadcast, picture messages, surveys, or any other pushed advertising or content. Second, and in contrast to push advertising, wireless "pull" advertising covers any content sent to a wireless subscriber upon his or her request.

    Wireless portals may evolve where a third kind of advertising - passive - become viable, but at present, limitations on the size of the user interface has made this impractical. Instead, it is much more common for a mobile network operator today to brand the user interface with its own messages. It is assumed that such messaging is within the customer relationship.

    The difference between push and pull advertising is palpable when viewed through the GSMA Data Privacy Guidelines. In pull advertising, the user consents to receive the information from a known source. Of course, the marketing initiative must provide notice to the user of any personal information that is collected, how it will be used and to whom it will be disclosed. The user not only must consent to receive the advertisement but also must consent to any other information practice.

    In the case of push advertisement, the user seldom knows the source of the message and has never asked to receive the information. Unsolicited wireless communications from third parties generally occur without the knowledge or consent of the mobile network operator as well. The GSMA Data Privacy Guidelines reject "wireless spam." Of course, the GSMA does not include within this definition certain push messages from emergency service providers that warn consumers of impending dangers or problems such bad weather or traffic mishaps.