Research On Civil Gorvernance Of Mobile SMS Spam

With the extensive use of mobile phones, mobile phones have become an integral part of people's lives. However, bringing a variety of conveniences, mobile phones also have numerous legal problems. Mobile sms spam is one of those problems. Our country has taken certain measures to control mobile sms spam, but the effect is still not obvious. Under the new economic and technological environment, the author will use the ways of comparative analysis, valuable analysis and empirical investigation to put forward her views on civil governances of sms spam. The definitions of mobile sms spam have a certain amount of academic researches. Some agencies have also promulgated related policies. The author thinks that the current concepts of mobile sms spam still have some mistakes. Through comparative analysis and valuable judgment, the author delimits that the mobile sms spam is the information of mobile phone which is no value to the receivers. Besides, to adapt to the social development and balance the interests of those different subjects, the author thinks some information can't be regarded as mobile sms spam under certain circumstance.Besides, the author discusses the causes of mobile sms spam and the rights that mobile sms spam violates, and also introduces the related experiences foreign countries carry out. Based on those contents, the author puts out some specific and feasible measures to govern mobile sms spam. Delimiting the concept of mobile sms spam is the premise that builds the framework of governance of mobile sms spam, so it is necessary to make a clear definition of mobile sms spam. Because the mobile sms spam involves the usage of personal information inevitably, and the usage is often without the consent of obliges, so it is necessary to provide legal protections to personal information.Ad-based sms is the typical mobile sms spam. Because it is difficult to distinguish true and false, so the users often identified all information as mobile sms spam. For this, the author believes if the ad-based sms can be ruled reasonably, it can not only be a cost-effective form of publicity to the advertisers, but also good to the receivers. Based on the different types of subjects, the author gives recommendations to ad-based sms.At last, the author gives specific recommendations of the rights and obligations involved in mobile sms spam. The author thinks that the basis obligations the operators must take include three points:the operators can't disclosure their users'personal information improperly; the operators should verify specific senders; the operators should assist the related agencies to deal with sms spam. To mobile phone manufacturers, the author thinks they should be encouraged to provide multi-functional mobile phone to provide co-governance. It is not necessary to provide legal obligations to mobile phone manufacturers. According to the different forms of mobile sms spam, the senders should bear different legal obligations. Fraud-based sms, virus-based sms and content-illegal-based sms violate law in themselves; therefore, the law should prohibit the sender sending such information. For trap-based sms, ad-based sms, if the sender can meet the legal requirements, he can be allowed to send. The receiver is in a relatively weak position, so there are no legal obligations attached to him. However, only the receiver has the right to judge whether the sms is mobile sms spam, so the receiver should exercise the right to report actively.