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Tuesday, September 21, 2010

Is It Legal For Mobile Operators To Ban Text Messages They Don't Like?

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...

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