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Wireless group offers code of conduct for mobile spam

The Mobile Marketing Association trade group announced its new code of conduct for wireless advertising campaigns, a move that comes shortly after the launch of universal short codes and on the heels of a bill in Washington designed to outlaw unwanted wireless spam.

“One of the most important issues facing the growth of mobile marketing today is the prevention of mobile spam,” said Jim Manis, chair of the MMA and vice president of mobile messaging management company M-Qube Inc. “This code of conduct represents the work of an entire industry coming together on behalf of consumers to insure a trusted and valued relationship in communicating with brands in North America.”

The MMA’s code of conduct includes guidelines advocating opt-in and opt-out rules, as well as limits on the number of messages sent. The MMA said it would follow the privacy guidelines set down by the TRUSTe initiative, which is a non-profit certification group formed to promote and protect Internet commerce.

“The Code of Conduct is a tremendous first step toward aligning the industry behind an aggressive, yet universal set of principles for mobile marketing that protects the consumer and the industry simultaneously,” said Cristy Swink of Cingular Wireless and an MMA member.

The MMA comprises several major U.S. wireless carriers, device makers, wireless technology companies and consumer brands.

The MMA’s code of conduct comes just a few months after the wireless industry introduced a universal short code program. The program allows businesses to purchase five-digit codes, and wireless users can register to receive text-based information and content by sending messages to the short codes. Advertising is one of the primary uses of the short code program.

Also, the Senate just last week passed the Can Spam Act, which includes a provision seeking a ban on unsolicited commercial e-mail to mobile phones without prior consent of subscribers.

“What I tried to do with my provision on cell phones was to do today what we were going to be forced to do in two or three years anyway,” said Rep. Edward Markey (D-Mass.) last week.

The Markey amendment advocates an opt-in approach to mobile spam, but still gives the Federal Communications Commission the discretion of setting an opt-out rule. In contrast, e-mail users would be restricted to having to opt out of unwanted electronic advertising.

The bill must go to the House for final approval. President Bush is expected to sign it. This should all happen before the end of the month, and the bill is expected to be effective Jan. 1.

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