SMS spam on the rise

Spam - or unsolicited messaging - via SMS has increased in SA recently; according to a report by local research company Dashboard.

Explaining the increase, Dr Pieter Streicher, MD of BulkSMS points out two primary reasons. First, he says, local spammers are using international messaging routes to avoid the Wireless Application Service Providers' Association (WASPA) regulations; and, secondly, the association is so overwhelmed by billing complaints that true spam is not receiving the attention it should.

“SMS spam, while less pervasive than e-mail spam, is often a very different matter, thanks to how attached we have become to our mobile phones, many of us having them close by 24 hours a day. It also poses a major threat to business communications via SMS and mobile voice calls,” says Streicher.

In the first instance, explains Streicher, the responsibility lies firmly on the shoulders of the local operators.

“Currently, some local operators are unable to even trace spam messages from international sources after specific instances have been reported, let alone proactively block or filter these messages. International application-to-person (A2P) spam can be identified, as local mobile numbers are often spoofed to disguise the international origin.”

He explains further that in the second instance, consumers need to correctly identify spam and be more proactive about reporting it to WASPA and escalating the matter.

“There are 300 million A2P SMS messages sent every month in South Africa, yet there have been only 41 upheld spam-related complaints in the last three years,” he notes.

In as much as the figures sound low, Streicher maintains that currently very few instances of true SMS spam are escalated to formal complaints with WASPA.

Streicher also notes that spam is confused with unsolicited billing related to subscription services.

“These volumes, unfortunately, overshadow the problem of spam, which needs to receive immediate attention,” he says.

According to Streicher, the second thing to notice about the spam complaints that are upheld is that the vast majority originate from people working within the WASP and ICT industry.

He believes that those working in the industry are also more likely to escalate requests to formal complaints, as they know the rules and will not accept poor explanations for breaches, noting that very few consumers want the hassle of requesting a 'formal' review, even though the process is straightforward.

To combat SMS spam, Streicher suggests that it is necessary for the broader public to report it to WASPA and insist on a formal review where appropriate.

“Examining the recent results of the WASPA complaints process can help shed more light on the matter.

WASPA analysed the 'upheld complaints' involving unsolicited messages (code clause 5.2.1), from the beginning of 2008 to the end of 2010.

It found out that 41 complaints involving unsolicited messaging were upheld, with the fines issued totalling R 1.4 million. Thirty complaints (73%) were related to premium rated mobile services, of which 10 (24%) involved adult spam.

Interestingly, the adult spam constituted 54% (R 756 000) of the total fines issued.

According to Streicher, it is clear that WASPA views unsolicited messaging that advertise adult content in a very serious light as it could end up on phones belonging to minors.

There were only eight upheld complaints (20%) that involved unsolicited commercial messages sent by businesses. There were only three upheld complaints against the three top business messaging providers in three years.

In the WASPA analysis, there were no other known sanctions for SMS spam by another authority within the country within the same period.

“Currently the ECT [Electronic Communications and Transactions] Act and the CPA [Consumer Protection Act] still provide an opening for unsolicited electronic messages.”

This refers to CPA Section 11, where a consumer may either refuse to accept, pre-emptively block, or require another person to discontinue any communication which may be seen as direct marketing.

“Only once the PPI (Protection of Personal Information) Bill is enacted will unsolicited messages to non-clients become illegal, which is in line with the current WASPA Code of Conduct,” Streicher notes.