Mobile Phones - SMS Spam - Regulations

Just as the Australian Mobile Telecommunication Association (ATMA) voiced their opinions of camera phones, so too have they considered SMS Spam and its privacy concerns. AMTA is proud to be ‘the peak industry body representing Australia’s mobile telecommunications industry’. Their mission is ‘To promote an environmentally, socially and economically responsible and successful mobile telecommunications industry in Australia’ (Australian Mobile Telecommunications Association1, 2004). In the numerous media releases made available on the associations Internet Webpage, SMS Spam is addressed with concern to regulations.

With regards to SMS bullying, the ATMA has identified a solid guideline in their document ‘Mind Your Mobile Manners’. It reads,

‘Don’t send inappropriate messages: Messaging is a great way to communicate, but don’t send offensive or threatening text, voice, picture or any other sort of message, because it is a criminal offence to use a mobile phone to menace or harass someone. Also receivers can save messages and easily identify you as the sender’ (Australian Mobile Telecommunications Association2, 2004).

In 2001, the Australian Government ensured voters that telecommunications carriers would not be able to charge a fee for the receiving of unsolicited SMS messages. Since then, a code has been developed in response to the growth of SMS marketing. Based on the Privacy Act 1988, National Privacy Principles and advertising codes of conduct, the Australian Communications Authority (ACA) has created the code which will ‘address industry and consumer concerns about the delivery of unsolicited and intrusive marketing messages using short message service (SMS)’ (Australian Mobile Telecommunications Association3, 2003: par 2). Penalties for perpetrators are of a financial nature.

This code also considers the notions of ‘opting-in’ and ‘opting-out’. SMS Marketers, including telecommunications carriers, will no longer be able to send material to customers unless they ‘opt-in’. At the same time, customers must have the right and ability to ‘opt-out’ at any given time. In ‘Crackdown on SMS Spam worth w8ing 4’, it is stated,

‘A requirement that suppliers not send marketing messages to customers unless they have specifically requested them, or otherwise given prior consent… Recipients must be offered a low-cost, convenient method for opting out of receiving further marketing messages (such as a freecall number) and suppliers will be required to give effect to customers' opt-out notices as soon as practicable (generally within 48 hours of receiving it)’ (Australian Mobile Telecommunications Association4, 2004: par 8 &10).

For this reason a Recognized Identifier must be included in all SMS messages.

At the same time, consumers attentions are drawn to the limited capacity of storage space in their mobile phones and are warned that desired messages may be not be received if unsolicited messages are not opened and deleted.

Such measures are hoped to ease consumer concern of privacy issues and protect them from unsolicited SMS messages in the future.

Related Topics in the Wiki

E-commerce and the Law

Privacy and New Technologies-SMS Spam

Privacy and New Technologies-Government regulations

List of References

Australian Mobile Telecommunications Association1. 2004. “Home Page�, http://www.amta.org.au/ (accessed 08/08/04).

Australian Mobile Telecommunications Association2. 2004. ‘Mind Your Mobile Manners, http://www.amta.org.au/default.asp?Page=261 (accessed 08/08/04).

Australian Mobile Telecommunications Association3. 2003. ‘Code to protect consumers from SMS Spam’, June 13, http://www.amta.org.au/default.asp?page=213 (accessed 08/08/04).

Australian Mobile Telecommunications Association4. 2004. ‘Crackdown on SMS Spam worth w8ing 4’ http://www.amta.org.au/default.asp?page=214 (accessed 08/08/04).

Back to Mobile Phones - Security and Privacy

Rebecca Praden 11:14, 27 Oct 2004 (EST)