The FCC Rules on Wireless Spam

The US Federal Communications Commission (FCC) voted on August 4, 2004 to ban spam sent over the Internet to mobile devices. This had represented a gap in the US anti-spam legislation and regulations, the Can-Spam Act. All unsolicited messages sent to mobile devices are prohibited, but non-profit groups are exempt from the ban. The ban will not cover text messaging from one mobile device to another mobile device, such as the popular Short Message Service, or SMS protocol. Although the Can-Spam Act is broad enough to encompass SMS service, the FCC felt that the Telephone Consumer Protection Act (TCPA), which deals with unsolicited faxes, covers SMS messages as well. However, some critics were quick to point out that the definitions in the TCPA are based on analogue technologies, and may not cover digital technologies as well. For other news links, see: http://maccentral.macworld.com/news/2004/08/16/mobilespam/; or http://news.com.com/2100-1028_3-5296649.html. For the text of the TCPA, visit: http://www4.law.cornell.edu/uscode/47/227.html. For the text of the Can-Spam Act, see: http://makeashorterlink.com/?H17B25419. Summary by: James Kosa