Written by Mystery prize to the first person who can tell me whether the definition of “internet access service” as referenced in the CAN-SPAM act (the definition is at 47 USC 231(e)(5)) means that CAN-SPAM means that in fact there is a private right to sue spammers, which is not limited merely to ISPs. It strikes me that anyone with a computer which provides them internet access might qualify. Or at least any business which provides internet access to its employees; or a wide range of other people…
Monthly archives for January, 2004
SMS spam anyone?
My old home landline number finally ported to my new cingular T616 (more about that later — it was an epic story), and while browsing around on the Cingular site reading the terms and conditions on various features I want to activate on my plan, I ran across this snippet under the terms for the GPRS service (bottom of the linked page):
Caller ID blocking is not available when using Wireless Internet and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites and a per message charge may apply whether the message is read or unread, solicited or unsolicited.
Wonderful. So any site you visit with Cingular GPRS will have your phone number, is likely to SMS spam you, and you’ll have to pay for that. And Cingular has knowingly and deliberately made the decision to not allow you not to send your phone number to the site.
Long had I wondered why the cellphone companies don’t stop SMS spam, and wondered if it was, at least in part, because of the revenue stream they get from the SMS messages that their customers pay for, but do not want. This “feature” on Cingular’s GPRS service seems to point in the opposite direction of what the carriers have been saying (including what they’ve been saying to me as an anti-spam developer who’s been talking to the occasional person in the industry about SMS spam filtering products). This clause is basically saying:
- They know that the number for your phone is being sent to sites you visit (not just some anonymous unique ID — but your actual number)
- They know that the sites know this, record the number, and use it to send you unsolicited SMS messages
- They know you don’t want those messages at least some of the time
- They know that you’ll be charged by them for those messages
- They choose to not allow you to stop your number beind sent to every site you visit
- They choose to not allow you to not pay for messages you receive but don’t read
Anyone want to provide any explanation for the above facts which presents the carrier in a good light?
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