By a unanimous vote, the FCC has voted to outlaw spam sent to wireless devices. However, as you might expect, there are loopholes, including the fact that unsolicited text messages are not covered by the ban.
But the FCC's decision not to restrict unsolicited text messages sent through mechanisms like SMS, which stands for short message service, creates a potentially huge regulatory loophole affecting tens of millions of Americans. Wireless providers often charge a few pennies per text message received.
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The FCC's rules permit mobile providers to register their Internet domain names in a master database that spammers are supposed to honor. That database will include only domain names like attwireless.com and t-mobileusa.com, and not individual e-mail addresses of subscribers.
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Noncommercial messages sent by politicians, nonprofit groups or charities are not covered by the Can-Spam Act or the FCC's forthcoming rules. While anyone violating those rules by sending spam to a mobile device can be sued civilly by the Federal Trade Commission, it's not clear how spammers using text messages could be punished.
