Senators introduce bill to curb mobile spam

Two Senators are attempting to curb unsolicited text messages with a bill to strengthen government oversight of commercial texts.

Senators Olympia Snowe (R-Maine) and Bill Nelson (D-Fla.) on Thursday introduced the m-SPAM Act, which would strictly prohibit commercial text messages to wireless numbers listed on the Do Not Call registry. The bill would also give the Federal Communications Commission and Federal Trade Commission more authority to regulate unwanted text messages.

"Mobile spam invades both a consumer's cell phone and monthly bill," Snowe said in a statement. "There is also increasing concern that mobile spam will become more than just an annoyance--the viruses and malicious spyware that are often attached to traditional spam will most likely be more prevalent on wireless devices through m-spam. This significant and looming threat must be addressed in order to protect consumers and vital wireless services."

In 2007, U.S. consumers received approximately 1.1 billion text messages that they identified as "spam," according to Ferris Research. That number increased from previous years, but still represents a small portion of the text messages consumers receive. In the month of June 2007 alone, 28.8 billion text messages were reported, according to the CTIA.

As a result of the 2003 CAN-SPAM Act, the FCC adopted rules to prohibit sending unsolicited commercial e-mail messages to wireless devices without permission, but the ban does not cover SMS messages. Mobile spam has been reported as a means for phishing attacks, in which scammers try to prompt cell phone users into revealing their personal data over the phone.

[Michichael]

Yeah how about prosecuting the idiots making spam phone calls about mortgages and other crap that I don't have to my cell phone. I'm sick of wasting minutes on this crap.

[JCPayne]

They should also be something add to the bill-- that companies can only bill you via mobile company if they hadyou to sign something in writing that the'are from then on allowed to pass charges on to your wireless carrier which will then be allowed to pass on as a charge on to your wireless bill...

My friend used to work in a wireless store and you'd be amazed how many times I'd be just standing there and see parents in the store going ballistic because their (below 18) teenager joined some "join by text" service and the service was from then on allowed to ad fees onto the parent's mobile phone bill every month (without the parent's consent). The wireless company ofcourse wont get involved so the government should intervene. Last I checked teenagers below 18 are too young to sign contracts. AND a text message alone can't later be verified as being a signature by the account holder of wanting to enter such an agreement..

[reyes89]

Is htere a bill or law that can protect me from all those guys that try to sell me something by phone, a (tool used to communicate, that I happen to use only for my loved ones). Im gettting tired of tellng them to bugger off

[humanssssss]

People who use free email expect to have their email spam free. That's pretty stupid. When you someone gives you something for free, you are agreeing to certain terms for the free service. One of which is to allow the provider to SPAM you.

With regards to cell phone spam. You go to talk to your cell phone provider. They are the one charging you to receive SPAM. I wouldn't mind getting free phone service and have them spam me as much as they want but when I'm paying for a service, i expect the service provider to not charge me for spam and for them to reduce SPAM ... otherwise i go to another provider.

[BtmnHatesRbn]

A quality service should have quality service.

Since nobody can enforce this law, or others of it's kind, do it yourself with websites, like whocalled.us. I get calls non-stop from people. I just don't answer. No minutes wasted. Are you stupid enough to answer a number that you don't know? And if it is so important, they'll either call back, leave a page or a text, or a message.

So, go right on ahead and pass this law. Nothing will come of it.

However, where does the Constitution specifically allow this type of law to even be proposed?

[joelcorley]

Unlike a phone call, I can't refuse to receive an SMS text message. And I get charged whether I want the message or not.

BTW, unlikely most of today's kids, I never use SMS messaging. But the provider didn't offer a contract option to disable the service. To date every text message I've received has been spam and I've been charged a nickle a pop for each one.

Of course I also don't think simply making this illegal is going to change things. All of these spam messages have been attempts at fraud ... which is already illegal. The legislation that needs changing is phone company regulations. They should be required to allow a customer to opt out of all SMS messages and the customer should be able to dispute any charges for in-bound SMS messages and the burden of proof for those charges should be on the phone company.

- Joel