Can a wireless provider block texts it doesn’t like?
New York federal court was presented with that question in a case where T-Mobile blocked all texts from a texting service because one of the service’s clients provided information via text on legal marijuana dispensaries in California. Under the recently proposed Google-Verizon net neutrality principles (analyzed here), a wireless company would have latitude to discriminate based on the sender, recipient, or content of the message as long as its practice is transparent. But it’s hard to see how the discrimination in this case is required because of the “unique technical and operational characteristics of wireless networks.” We’ll have to wait to see how courts address the issue as the parties have settled the case. Although the full terms of the agreement weren’t disclosed, it “requires T-Mobile to stop blocking the New York-based EZ Texting service’s thousands of clients, if they meet T-Mobile’s approval. The medical-marijuana info service, which used texts to tell its users where the
