The Legal Protection On Public Function Of The Mobile Phone Short Message

On May 17, 2000 China Mobile Corporation Ltd. officially started the Short Message Service and sent out the first short message in China. People quickly fall in love with this communication way which is cheap and easy to learn, so SMS is increasing. At present, the number of China's mobile phone users is more than 500 million, so the economy of SMS in China is booming, and the annual pieces of short message is more than several 10 billions, and the output is amounted to several billion Yuan. With the wide use of SMS, as people enjoy the convenience of the messages, some of its negative effects are increasingly emerging. We have to face the harassment of spam at any time, the cases of some criminals use SMS for fraud, theft and other illegal activities are growing more. This shows that the mobile phone messages as a new and influential interpersonal communication for human beings, which has a profound impact on people's work, study and life. The influence has two-side effects. As every medium may have a negative impact during its transmitting, SMS is at no exception, the key lies in how to regulate and supervise its contents and conducts during transmitting. It is certain that the SMS provides us convenience, but the social problems caused by it also need studying profoundly and taking corresponding controlling methods. The management of spam is a comprehensive project, which needs the cooperation of technology governance, legislative and inspection. To some extent, the telecommunications legislation should take the lead in using law to force the service providers innovating preventive technology. As telecom operators are the main entity in the market, they should assume the corresponding responsibility of regulating, and strengthen the management of SMS service providers from the market perspective. Through various supervision and coordination, they can actively guide the healthy development of SMS industry, thereby safeguarding the legitimate rights of consumers and public safety of whole society, then the world of short message will has a clean sky.