Subscribers Privacy and Unsolicited SMS

Some weeks back Mr. Peter Igho, Director-General, National Lottery Regulatory Commission (NLRC) asked telecommunications operators to stop sending unsolicited text messages on their lottery promotions to subscribers. Though operators to large extent are heeding to this directive on promos but are consistently sending short message service (SMS) on other sundry issues such as urging subscribers to subscriber to one short code for daily motivational words as well as advertising products. Mobile phone spam is a form of spamming directed at the text messaging service of a mobile phone. It is described as mobile spamming, SMS spam, text spam or m-spam. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited (and generally unwanted) commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone users often times queries how the organization or individual that generated such message got their mobile phone number, some often times accused their network operators of compromising on their privacy. However, network operators have argued that there are different ways through which such people gain access to such data as people fill forms for different purposes. But, as true this argument may be network operators’ staff could not be exonerated from conniving with those who generate these unsolicited mails to divulge data of subscribers. This writer sometime in December last year received an SMS from customer call centre of another network urging him to subscriber to its post paid package. The question that arises is how did the people that generated that message known that he is a post paid subscriber? Nigeria CommunicationsWeek had reported how some politicians were besieging SIM card registration centres in a bid to collate mobile phone numbers of subscribers in Lagos for campaign before last year elections. It is against this backdrop that the GSMA announced the publication of its Mobile Privacy Principles. The principles describe the way in which mobile consumers’ privacy should be respected and protected when consumers use mobile applications and services that access, use or collect their personal information. The principles are the result of close collaboration by leading mobile operators and input from other players in the wider mobile eco-system. The Mobile Privacy Principles will be used to develop more detailed guidelines and codes of conduct to address specific consumer concerns such as the use of private data or location details by applications. They pave the way for the development of clear and simple ways for customers to manage their information and their privacy on mobile phones. The key challenge is to find new mobile-friendly methods to help consumers make informed decisions about their privacy. One key principle relates to ‘transparency and notice’, which is about being open and honest with customers about what personal information is being collected and why. The principles also cover issues such as the need to provide consumers with control over how their personal information is used and by whom, and ensuring only a minimum amount of data for a given service is collected and that it is retained no longer than necessary. The GSMA is examining these issues in depth and reaching out to broader industry stakeholders to establish a broad consensus on how to ensure consumers’ privacy is treated more consistently across mobile applications and across platforms and services whilst continuing to support innovation. According to Tom Phillips, chief regulatory officer, GSMA, “The Mobile Privacy Principles are a significant first step but addressing mobile privacy is an ongoing challenge that requires the support and collaboration of the wider internet industry, civil society and regulators, working together, if we are to deliver real protection for consumers. This is a call to action to the broader industry.” Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, much less than 1% of SMS messages were spam in 2010, while in parts of Asia up to 30% of messages were spam. The lesser and geographically uneven prevalence of mobile phone spam is attributable to the higher cost (to spammers) of and technological barriers to sending mobile messages in some areas, and to law enforcement in others. Today, particularly in North America, most mobile phone spam is sent from mobile devices that have prepaid unlimited messaging rate plans. While the rate plans allow for unlimited messaging, in reality the relatively slow sending rate (on the order of magnitude of 1/s) limits the number of messages that may be sent before an abusing mobile is shut down. SMS spam is illegal under common law in most jurisdictions as trespass to chattels. Jurisdictions with specific SMS spam regulation and fines include Australia, the EU and others; in the US, violators face substantial costs; in a 2008 settlement, the violator agreed to pay $150 to each spam recipient. In a 2010 class action settlement of Satterfield v Simon & Schuster, a case that reached the US Ninth Circuit Court of Appeals, plaintiffs agreed to pay $175 to each spam recipient. In response to Satterfield, entities who make money sending mobile phone spam formed the Mobile Advocacy Coalition (MAC) to lobby the government to legalize that activity. In the US, the Federal Trade Commission (FTC) has expanded Phone Spam regulations to cover also Voice Spam—mostly in form of prerecorded telemarketing calls—commonly known as robocalls; victims can file a complaint with the FCC. However, in view of the policy of Sim card registration of subscribers, there should be legislation to protect such information from being compromised by operators or their agents.