On Legal Regulation Of The Mobile Phone Short Message

With the rapid development of mobile communications technology, the expansion of communications business and the fast increase in mobile phone users, mobile phone has become "Fifth Media" after network. Fifth media creation is a new technological revolution which promoted the human society entered the era of information and economy. Fifth media is the production of modern high-tech which has made a great impact on our socio-economic, political, cultural development and interpersonal relationships. SMS is a main way of fifth media transmission. Compared with other media, SMS has incomparable advantages. Its convenient and affordable can better meet the needs of peoples' communication. At the same time, SMS has also led to a series of new legal and social problems, in which most mainly is spam messages. In this paper, under the new economic conditions of the Internet technology perspective, the author analyzed SMS's production process, discussed the legal necessity and possibility, put forward the specific regulation measures.This paper is divided into six chapters. Chapter I the author has mentioned the traditional media and the evolution of technology, also outlined the characteristics of each media. Chapter II the thesis built on the Internet and the birth of a new economic production and lifestyles and their specificities. Fifth media and its mode of transmission SMS are the products of the new economy. The paper explained specific production, consumption, value chain of SMS which based on the internet technology inherent perspective. Chapter III from the point of technical rules and the Internet rules, and then discussed the reality of necessity and technological possibilities of the SMS legal regulation. Chapter IV revealed a by-product of the new economy- mobile spam messages, meanwhile described its causes and sources (from the law and the operators). Chapter V introduced overseas SMS law which reflected China' SMS law in shortage. Because of this, we should make the law of our SMS and personal information protection perfect. Simultaneously we should strengthen the company's social responsibility and adopt new technology to prevent the negative impact. Finally, the writer pointed out that legal research should keep up with the times, give SMS correct position. We could not deny SMS by reason of its bad effect. The key is to guide correctly and standardize its development. We could curb SMS's negative impact through legislative and technical measures.