Recently I’ve heard more and more complaints of mobile spam, including NY Times David Pogue’s complaint about Verizon’s spam, and it got me thinking how ineffective CAN SPAM law has been –it is ILLEGAL to spam mobile devices without explicit customer consent (OPT-IN). I have not seen much evidence of decline in email Spam since the law was enacted. My experience tells me that only companies that were big or famous enough to attract a lawsuit and risk paying the CAN SPAM hefty fines (and the negative brand impact) made an effort to comply with the CAN SPAM law for email. So the only somewhat effective measure of SPAM control are ISPs/email filters. Hence, the FTC and FCC are pressuring mobile industry leaders to come up with some filter controls that put back the control on the consumer, specially because we PAY for the ‘unwanted commercial messages’ (aka SMS SPAM).

Anyway, digital media law is one of those things I would rather to discuss, than to research — unless I have insomnia — hence I didn’t write a final paper on mobile marketing law, but decided to do a 9 minute multimedia presentation. The following 9 minutes will give you an overview of mobile marketing landscape (and why we are getting more SMSspam) and the the legal framework for mobile marketing. So if you are getting spam on your phone, contact the FCC!

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• April 5, 2008 -- Law & Order: Mobile Marketing