Legal Thinking About China’s "Pseudo-base" Spam Phenomenon

With the social development of the times, there is a huge SMS market has become one of today’s society people communicate and exchange essential way. However, as technology continues to develop social and appeared wrongdoing people use "pseudo base station" equipment to the majority of mobile phone users to send spam messages. If the relevant national authorities to take control measures, this phenomenon will become more serious, serious damage to the normal operation of the social order.Through reading and analyzing a large number of references made in the first part of the understanding of the concept of spam messages, analyze the manifestations of spam messages, including "advertising type" spam, "fraud type" spam, "harassment type "spam; highlights the" pseudo-base "principle to send spam messages and lists the actual case," pseudo-base "as the name suggests is a fake base station, which is the main host and laptops these infrastructure and add some bulk SMS, etc. a combination of high technology content facility equipment. "Pseudo base stations’equipment can select the GSM network in an arbitrary frequency 935MHz ~ 960MHz acquire signal thus disguised as normal base stations of the broadcast signal manipulation. The machine is capable of searching out its core, mobile phone users within a certain range of information, after they disguised as mobile communications operator’s base station to freely edit the phone number or targeted certain people use mobile phone number as the sender Forced to put any "false base station" to the mobile phone users to edit search Send fraud, merchandising, harassment and other types of spam text messages. The author analyzes the legal case with the actual characteristics of spam messages "pseudo-base" as well as mobile phone users and mobile operators violated the rights and interests. Summary and analysis of the causes of pseudo-base message repeated legal aspects of the industry, based on the introduction of foreign national regulatory measures and spam messages on the system, combined with China’s actual situation, learn from foreign and proposed measures to solve our pseudo-legal measures base spam messages industries.The second part analyzes the causes of the emerging "pseudo-base" spam phenomenon, largely because of our lack of "pseudo-base" spam phenomenon of legal regulation; the lack of effective supervision, punishment is low; "false base station" equipment costs low, run fast, lucrative; "pseudo-base" spam phenomenon behind there is a huge interest chain; the face of the "pseudo-base" spam phenomenon, weak legal awareness of citizens.The third part introduces abroad "pseudo-base" spam phenomenon of regulatory measures and the Enlightenment to ChinaSeveral major foreign take measures to control and contain "pseudo-base" spam phenomenon, namely the establishment of a special law; the second is the full implementation of real-name system; the third is the establishment of regulatory bodies.The fourth part of the "pseudo-base" spam phenomenon of control measures put forward their own proposals:legislation:the creation of specialized legal, improve relevant laws and regulations, legislation; judicial aspects:a sound mechanism of public interest litigation spam messages "false base station" and Litigation Group; law enforcement:a mu-pronged, intensify propaganda; the law: the national, social sector comply with industry self-regulation, enhance the legal awareness.In the era of information explosion, regulation "pseudo-base" spam phenomenon, purify phone language environment, can be described as a long way. I believe that through concerted efforts of the whole society to jointly adopt various means of prevention, "pseudo-base" spam regulation inevitable phenomenon gradually improve the final out our phone screen, and jointly create a clean and efficient environment SMS mobile advertising platform, but also the majority of mobile phone users a cleaner environment.