Is It Legal For Mobile Operators To Ban Text Messages They Don't Like?
from the we're-about-to-find-out... dept
How would people feel if they found out that their ISP wouldn't let them send emails about a subject they didn't like? I'm sure most people would cry foul. Yet, what about with SMS text messaging? Apparently T-Mobile blocked a company, EZ Texting, from sending text messages for a client that were about legal medical marijuan dispensaries in California, and now there's a legal dispute over the issue. Of course, this isn't quite as cut and dried as either side would like it to be. Unlike email, the SMS system really isn't using the public internet, but the private networks of carriers, who have worked out deals with each other to exchange SMS messages across network barriers. So you can make an argument that they can do whatever they want. Of course, they're also using spectrum from the government, which comes with certain restrictions about how it can be used. Either way, perhaps the bigger question is why T-Mobile should even want to block some messages that people want? All it's going to do is drive away customers...Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: neutrality, text messages
Companies: ex texting, t-mobile
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It seems to me...
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Re: It seems to me...
I can *almost* see the free-market point that a company should be able to do whatever they want, and if the customers don't like it they can go somewhere else. There are a few issues with this philosophy, though.
1) Not much competition in the wireless sector. Verizon was caught doing something like this a while ago with abortion texts. So if you drop T-Mobile...who do you go to? Virgin Mobile?
2) Spectrum is a scarce resource. The government should regulate in order to maximize the use of this public good.
3) Police need a warrant to read my text messages. This, to me, implies that there's a level of privacy in the communication. Scanning texts to get rid of unapproved messages sounds like a pretty serious privacy violation, whether it is a machine doing it or a human.
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Public vs. Non-public
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Re: Public vs. Non-public
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Re: Re: Public vs. Non-public
That being said, the question remains: what authority does the service provider have that enables them to alter said services once an illegal activity has been detected, such as the electric company discovering one is using electricity to grow marijuana in a rented house?
I don't have the answer, but it is an interesting problem.
If the service provider makes subjective decisions outside the rule of law, then there's problem.
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This goes back to safe harbor. The electric company is not culpable for how a customer uses their electricity.
It is also not the electric company's responsibility to shut off your electricity if they detect an illegal activity. If they feel the need to address it, they can report it to the appropriate authorities, who can then get themselves a warrant. You know, due process 'n all that.
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It's cut and dried: common carriers must not censor traffic.
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Re: It's cut and dried: common carriers must not censor traffic.
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This is kinda scary. Does this mean that, just because my message travels through a private medium, that gives them the authority to read and filter my message as they please? Does it also give them the authority to alter my message (for example, fit ads into it)? Good thing I always cipher my email then!
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How do you do that if you're sending to someone who doesn't have a public key? Or do you just refuse to do that?
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Of course I am not 100% paranoid (yet), but I do cipher most of my email (since most of my email is going to colleagues and friends that have my key anyway).
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free our band waves
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This kind of clouds the issue, imho
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Read the article people, T-Mobile is not reading text messages
T-Mobile is not reading individual's text messages and blocking / filtering them. T-Mobile blocked a company that provided text alerts for a marijuana dispensary.
Since marijuana is an illegal substance under federal law (even if you live in California, possession, sale, and use is still a federal crime) T-Mobile acted within the terms and conditions of their service agreement and blocked this company.
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Re: Read the article people, T-Mobile is not reading text messages
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Re: Re: Read the article people, T-Mobile is not reading text messages
The company that was paying EzTxt to send text alerts was a MARIJUANA DISPENSARY.
T-Mobile's (and other carriers') agreements with these Text messaging aggregators provides them with access to the companies that they represent.
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Re: Read the article people, T-Mobile is not reading text messages
and
"T-Mobile blocked a company that provided text alerts for a marijuana dispensary."
equals logical failure.
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Re: Re: Read the article people, T-Mobile is not reading text messages
Company A: Marijuana dispensary hires, Company B: EzTxt whose purpose is to send text messages for company A to subscribers on Company C: T-Mobile.
In order to send text messages over T-mobile's network EzTxt signs an agreement with T-Mobile, and as part of that contract T-Mobile has access to the companies EzTxt is hired to send text messages for.
T-Mobile cancels EzTxt's contract due to violations of the terms of the contract (promoting an illegal activity).
At no point in this process is it necessary for T-Mobile to read individual text messages.
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Re: Re: Re: Read the article people, T-Mobile is not reading text messages
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Re: Re: Re: Re: Read the article people, T-Mobile is not reading text messages
Posession, Sale, and Distribution of marijuana is illegal under federal law. California's state law is overridden by Federal Law due to the Supremacy clause (Article 6 IIRC) of the U.S. Constitution.
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Its not illegal, for several reasons.
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There are NO!legal medical marijuana dispensaries in the US. They ALL, including ALL in California, violate US Federal law.
And since California is a US state that makes what you are discussind "Does T Mobile have the legal right to ban and regulate, by reporting such activity to US criminal authorities, activity that violates US law
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Look Bub, every citizen has the duty of reporting any activity the deem suspicious or illegal. But the problem here is that, to know if the activity is illegal, you need to spy on people's communications.
What's being asked is: is this Ok? Should corporations be able to spy on their customers in an attempt to identify illegal activity?
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im going to have to disagree, "any" is to strong a word, some stuff like murder or stealing(expensive stuff not candy) but not little stuff
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Show me the Law
Furthermore, growing produce for one's own use does not constitute trade;unless of course we are all the property of the society at large.
These are all reasons why many people believe the government has overstepped its enumerated powers.
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Re: Read the article people, T-Mobile is not reading text messages
the service that is blocked is for 'shortcodes'
T mobile terminated the arrangement with the shortcode service provider because of the 'shortcode' assigned to this vendor.
This vendor could absolutely still SMS everyone of his clients that gave him there phone number, they are just no longer allowed to use this entity to provide an automated message via opt in.
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Not cut and dry...
That's about the best way to say it, but even your coverage is slanted. This isn't necessarily about "messages they don't like", so much as it is about messages that could result in jail time.
Are there safe harbor provisions that protect wireless carriers from knowingly carrying illegal messages? Just because you and others call them "legal dispensaries" doesn't make it so.
Yes, they are legal under California law. However, the US Dept of Justice and the DEA consider them illegal. If you were a wireless operator, whose existence was regulated by the FCC, would you want to run afoul of the DOJ/DEA by allowing your network to be used to promote marijuana sales?
This has less to do with "messages they don't like" and more to do with messages promoting drug sales that are not undoubtedly legal.
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Re: Not cut and dry...
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