Text and Multimedia Messaging: Emerging Issues for Congress

THE REPORT:Text and Multimedia Messaging: Emerging Issues for Congress

LOCATION: RL34632


WHAT DO YOU LEARN?: Congress is pondering is what do with all of those crazy teenagers and the rest of the population that loves to text on their cell phones. As of June 2009, 135 Billion text messages were being sent a month in aggregate by wireless customers in the United States. This report gives policymakers some introductory definitions of the 160 character pastime from what is SMS (Short Messaging Service) to what are Common Short Codes? (CSC's) They are the short number addresses used on tv shows like American Idol for a text message to reach its destination.



Basically the issues that face the wireless industry are placed into a "Diocletian Split" Are text and multimmedia messages regulated the same way you regulate phone messages whether it is phone to phone or based upon the devices email address? and Do you regulate the phone as you would electronic mail? The "same problem" "different platform" meme They use the example in the report spam sent between or from one phone does not fall under the legal defintion of spam however, if you send the message from the phone to the computer the message falls under the CAN-SPAM act.



The Report also goes in to detail about Distracted Driving while texting. 16% of all fatal automobile crashes were caused by distracted driving according to a DOT study. Senator Schumer and Rep. Carolyn MCarthy have both introduced the ALERT Drivers Act H.R. 3535 which stands for Avoiding Life Endangering and Reckless Texting by Drivers Act. It is now bottled up in committee on the house side. Currently 19 States and the District of Columbia have bans on Texting while driving.



Additionally noted, that the writer of this report believes "there is no evident reason" for messages on a computer to be treated differently under the CAN-SPAM ACT P.L. 108-187 . Specifically in the 111th congress S. 788 the m-Spam Act would regulate spam to mobile devices. Another major complaint of wireless subscribers about texting is their inability to disable texting.

The writer then addresses several other issues but then concludes by saying that the issues involving texting have not reached a crescendo for congress to get involved while some are being addressed by the wireless industry however, with 135 billion text messages being sent at $.10 a pop it is hard to see Congress not involved.