How Chairman Pai’s Move to Control Your Text Messages Could Bring More Consumer Protections Tumbling Down

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In my last post, I addressed how Federal Communications Commission Chairman Ajit Pai isn’t really preventing robocalls with his new draft Order to classify both SMS text messaging and short codes as Title I “information services.” Now I will discuss the potential consequences for such a maneuver, and why doing so could send consumer protections tumbling down.

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Chairman Pai Isn’t Stopping Robocalls—He’s Empowering Carriers to Block Your Text Messages

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In December 2007, Public Knowledge filed a Petition For Declaratory Ruling asking the Federal Communications Commission to clarify that both SMS text messaging and short codes are “Title II” telecommunications services. Put another way, we asked the FCC to reaffirm the basic statutory language that if you use telephones and the telephone network to send information from one telephone number to another, it meets the definition of “telecommunications service” (47 U.S.C. 153(53)).

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ITU’s Plenipot: What Happened

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The International Telecommunication Union (ITU) is a United Nations (UN) agency originally created in 1865 to manage cross-national telegraphic communications, and is increasingly seen by its member states as the technology policy branch of the UN system. While to date it is formally responsible only for telecommunications issues, in recent years the ITU has hosted a global summit on Artificial Intelligence (AI), organized a workshop on e-payments and 5G, held a forum on the Internet of Things and Smart Cities, studied the economic impact of the so-called Over-The-Top (OTT) internet services such as WhatsApp or YouTube, developed a global cybersecurity index, and analyzed privacy in cloud computing. That, on top of ITU’s fundamental mandate and ongoing work to help connect the hundreds of millions who are still unconnected.

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