Mobile Regulations, Laws and Procedures_Michael Hanley
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Part of the Mobile Communications Resource Center, this is one of several presentations created by Michael Hanley for Ball State University's College of Communication, Information and Media. All rights are reserved.
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Mobile Regulations, Laws and Procedures_Michael Hanley
- 1. Mobile Regulations and Privacy Mobile Regulations, Laws & Procedures Class 5
- 2. Mobile Regulations and Privacy Who Regulates Mobile? Federal Communication Commission (FCC) - Regulates wireless communications services and administers and enforces privacy statutes and regulations related to using, disclosing, and providing access to consumers’ personal data by cell phone carriers. Federal Trade Commission (FTC) - Federal agency that, with state attorney generals, polices unfair and deceptive trade practices. Some of the laws and regulations the FTC passes apply to mobile marketing.
- 3. Mobile Regulations and Privacy Who Regulates Mobile? Food and Drug Administration (FDA) - Regulates mobile medical apps to ensure they don’t provide unlawful medical advice Federal Reserve Board - Regulates banks and mobile banking and payment systems Consumer Financial Protection Bureau - The chief regulator for monitoring compliance by financial providers of consumer laws http://onguardonline.gov
- 4. Mobile Regulations and Privacy Who Regulates Mobile? State Attorneys General - Regulate consumer protection in each state, including telemarketing, Do Not Call lists, deception, identity theft, Internet spam and scams. State Court Opinions - The common law of torts and the common law of contracts, often found in state court opinions rather than statutes or administrative law, are sources of state law remedies for privacy invasions involving mobile advertising.
- 5. Mobile Regulations and Privacy Who Regulates Mobile? The Mobile Marketing Association (MMA) - Monitors and regulates mobile marketing activity and provides Code of Conduct and Best Practices for mobile marketers. www.mmaglobal.com CTIA – The Wireless Association - Coordinates the wireless industry's voluntary efforts to provide consumers with a variety of choices and information regarding their wireless products and services. http://www.ctia.org/
- 6. Mobile Regulations and Privacy Who Regulates Mobile? The Common Short Code Administration (CSCA) - A joint effort by NeuStar and CTIA, focuses on SMS text message marketing and mobile advertising via common short codes. The CSCA CSCA
- 7. Mobile Regulations and Privacy What Laws Regulate Mobile? CAN-SPAM Act In August 2004, the FCC voted to amend the CAN-SPAM Act of 2003 to outlaw all commercial e-mail messages to mobile phones and pagers unless the device owner has given "express prior authorization.” The ban does not cover "transactional or relationship" messages, or notices to facilitate a transaction already entered into with a customer. Consumers must be allowed to opt-out of receiving future messages the same way they opted-in. Senders have 10 days to honor opt-out requests. Violators are subject to fines of up to $6 million and up to one year in jail for some spamming activities.
- 8. Mobile Regulations and Privacy What Laws Regulate Mobile? Telephone Consumer Protection Act of 1996 The most significant part of the TCPA regulations concern commercial solicitation calls made to residences. Regulates telephone solicitation by restricting the use of auto-dialing equipment and by prohibiting other commercial calls and texts, such as those to facsimile machines, cellular phones and emergency service providers. Marketers must have prior express written consent for all autodialed or prerecorded telemarketing calls or texts to wireless numbers and residential lines Established a "Do not call" list-keeping requirement for residential telemarketing and by prohibiting calls to residences before 8:00 a.m. or after 9:00 p.m.
- 9. Mobile Regulations and Privacy What Laws Regulate Mobile? Amended Telemarketing Sales Rule of 2006 Expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls Permit sellers to obtain the required permission for prerecorded message sales calls from a consumer in any manner permitted by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act) Require that sellers and telemarketers provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism so that consumers can opt out easily
- 10. Mobile Regulations and Privacy What Laws Regulate Mobile? Amended Telemarketing Sales Rule of 2006 Expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls Permit sellers to obtain the required permission for prerecorded message sales calls from a consumer in any manner permitted by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act) Require that sellers and telemarketers provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism so that consumers can opt out easily
Notas do Editor
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.