FCC Does Wireless Carriers Another Favor By Reclassifying Text Messages

from the who-needs-oversight dept

The FCC this week voted yes on a new proposal the agency says will help combat the scourge of robocalls, but critics and consumer groups say opens the door to wireless carriers being able to censor text message campaigns they don't like, or SMS services that may compete with their own offerings.

In a 3-1 party line vote, the FCC approved (pdf) redefining text messages as an "information service," therefore freeing such services from FCC oversight. In its announcement, the agency was quick to insist that this was done specifically to help carriers better fight robocalls and robotexts without worrying about running afoul of government rules:

"In today’s ruling, the FCC denies requests from mass-texting companies and other parties to classify text messaging services as “telecommunications services” subject to common carrier regulation under the Communications Act—a classification that would limit wireless providers’ efforts to combat spam and scam robotexts effectively. Instead, the FCC finds that two forms of wireless messaging services, SMS and Multimedia Messaging Service (MMS), are "information services" under the Communications Act. With this decision, the FCC empowers wireless providers to continue taking action to protect American consumers from unwanted text messages.

Critics, however, charge that this was another example of the FCC's motives not being made entirely clear to the public at large.

As we've noted previously, this particular debate over text message classification began some time back, after Verizon decided to ban a pro-choice group named NARAL Pro-Choice America from sending text messages to Verizon Wireless customers that had opted in to receiving them. Ever since then, consumer groups, worried that cellular carriers would use their power as gatekeepers to stifle certain voices, have been urging the FCC to declare text messages a “telecommunications service," making it illegal for carriers to ban such select SMS services.

This being the Ajit Pai FCC, the agency went the complete opposite direction in a move that largely benefits wireless carriers. The fight somewhat mirrors the net neutrality battle involving whether to classify ISPs themselves as "information services" under the telecom act (freeing them from significant oversight), or "telecommunications services"--keeping them locked into oversight by the FCC. Consumer groups like Public Knowledge were quick to issue statements pointing out this had everything to do with ensuring telecom giants are less accountable, and little to nothing to do with actually combating robocalls and robotexts:

"No one should mistake today’s action as an effort to help consumers limit spam and robotexts. There is a reason why carriers are applauding while more than 20 consumer protection advocates -- along with 10 Senators -- have cried foul. This decision does nothing to curb spam, and is not needed to curb spam. It is simply the latest example of Chairman Pai’s radical agenda that puts companies ahead of consumers. We urge members of Congress to overturn this decision and ensure that wireless carriers cannot block or censor personal text messages."

Those concerns were mirrored by FCC Commissioner Jessica Rosenworcel in her lone dissent:

Like net neutrality, gutting oversight of companies with decades of anti-competitive behavior under their belts (not to mention flimsy and dwindling organic free market pressure to behave) generally doesn't work out very well for end users or those looking to compete with these entrenched network operators. It's worth noting the ruling doesn't apply to the next-generation texting standard, RCS, though carriers like Verizon have already called for that to occur in future orders; something Ajit Pai is likely to approve as well.

Filed Under: blocking, censorship, fcc, information services, telecommunications services, text messages

FCC Refuses To Force Websites To Adhere To 'Do Not Track,' And That's A Good Thing

from the plate's-already-full dept

If you've followed the saga of "Do Not Track," you know it began with good intentions, labored under squabbling and marketing industry sabotage, and is now seen by some as too little too late in the face of far more sophisticated new snoopvertising technologies. Knowing that many companies will never honor Do Not Track requests voluntarily, Consumer Watchdog had filed a petition (pdf) with the FCC to "initiate a rulemaking proceeding requiring 'edge providers' (like Google, Facebook, YouTube, Pandora, Netflix, and LinkedIn) to honor 'Do Not Track' Requests from consumers."

In short, the faux consumer advocacy group (which is famous for taking extreme positions that would likely do more harm to consumers than help them) wanted the FCC to lean on Title I and Section 706 authority to regulate "information services," forcing content companies to honor DNT requests. While the FCC is planning to begin proceedings examining new privacy policies for broadband companies in the next few months, the group argued this wouldn't be enough to protect consumers from invasive snoopvertising:

"Many consumers are as concerned -- or perhaps even more worried -- about the online tracking and data collection practices of edge providers... edge providers collect the same sensitive personal information that broadband Internet access service providers collect, and that the Commission is committed to protecting. If the Commission does not act to regulate the collection of personal information by edge providers, the Commission will in effect be granting a regulatory advantage to the edge providers, implicating concerns of market distortions."

But the FCC is having none of it. The agency dismissed (pdf) Consumer Watchdog's request, stating that it "has been unequivocal in declaring that it has no intent to regulate edge providers." And indeed, the FCC already has its hands full; it's fighting off ISP lawyers trying to dismantle net neutrality and Title II reclassification, battling ISP-beholden states unhappy with the agency's attack on protectionist broadband state law, and is about to go to war with ISPs on privacy. That's a pretty full plate, with the FCC likely lacking the bandwidth for making any more "friends" at the moment.

And while some telecom industry sockpuppets will surely insist this is a double standard, the FCC's decision may not be a bad thing. The EFF argues the FCC made the "right call, for now," pointing out that consumers can choose not to use Google or Facebook, a luxury they don't enjoy when being held captive by the uncompetitive broadband last mile:

"Why the distinction between websites and ISPs? Because ISPs occupy a much more privileged position on the network. They carry all of a user’s traffic. That gives them the power to act as gatekeepers, deciding what sorts of traffic users can send and receive. It also gives them the opportunity to modify user traffic, adding privacy-destroying tags like Verizon’s UIDH super-cookie.

Edge providers, on the other hand, don’t have quite as much power. It’s a lot easier for users to “vote with their feet” and use a different edge provider for search, social networking, blogging, etc., than it is to change ISPs. Users also have more control over what information they send to edge providers -- that’s why tracker blockers like Privacy Badger work. And of course, there’s the matter of jurisdiction; while ISPs operate in specific geographical areas, websites are accessible (and hosted) all over the world, which would raise all sorts of terrible jurisdictional issues."

In other words, enforcement would be impossible even if the FCC had decided to regulate websites and stumble into the Do Not Track mess. It's a fairly restrained decision for an agency consistently accused of being power mad, and the right call for a regulator that will need every spare calorie for its mammoth battle against the broadband industry duopoly.

Filed Under: do not track, edge providers, fcc, information services, privacy, section 706, title i
Companies: consumer watchdog, google facebook