Spam in the form of unsolicited unwanted e-mail is already a recognized concern in the United States. However, a different type of spam, wireless spam, is starting to make its way to the United States. Wireless spam targets items cell phones with text messaging capabilities, pagers, and personal digital assistants (PDAs). These devices tend to be heavily relied on by their respective owners who bring these devices wherever they go, so to receive wireless spam represents a greater level of privacy intrusion. This article analyzes the various legislative measures that have been considered to regulate spam. It recognizes that most of these legislative measures do not take into account the inevitable arrival of wireless spam. Advocating a proactive stance, this article suggests an integrated bill that would incorporate the strongest parts of each legislative measure considered. The final bill the article recommends would carry heavy fines for violations, higher statutory amounts that states or individuals may recover as damages, and the scope of the bill would include wireless spam.
Bridget M. O'Neill, Wireless Spam This Way Comes: An Analysis of the Spread of Wireless Spam and the Present and Proposed Measures Taken to Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003)