Can you text me now? With texting and data on mobile devices making plain old calls go the way of the rotary phone, Ross Buntrock and Mike Hazzard of Arent Fox LLP are busy advising companies in the growing mobile content space. Ross and Mike are helping entrepreneurial companies sending content over text messages, creating applications to engage mobile phone users, and bringing mobile payments to reality. These companies have come up with creative approaches to mobile content, but still need to operate within existing laws, in addition to the wireless carriers’ sometimes byzantine rules. As with any new technology, figuring out how it all fits into existing laws is a challenge, but necessary.

Mike and Ross’ number one rule is to always obtain consent from the person that is receiving the mobile content before sending the content or charging the person. Companies should also be aware of existing advertising and promotion laws, and even tax laws when dealing with mobile payments. Mobile privacy has been a recent hot button issue as stories have emerged about Apple, Google, and third-party apps collecting information. While these stories are sometimes overblown, mobile content companies should not underestimate clear and prominent privacy explanations of their products. And, of course, mobile content creators should never use private information for other purposes without permission. Congress is likely to introduce some form of mobile/Internet privacy legislation by the end of this year which could significantly change the mobile landscape.

In order to assist these companies in navigating the legal and business issues in this industry, Mike and Ross have been working hard to develop the Mobile Internet Content Coalition to provide a forum for mobile content companies to support each other and bring issues to Congress and relevant government agencies to foster a free and open mobile Internet. MICC also promotes new companies and ideas involving mobile content and brings together entrepreneurs, investors, and the public sector. MICC is partnering with Georgetown University to hold a conference in Washington in November to gather thought leaders in the mobile space to create strategies for mobile education, healthcare, and payments. Ross and Mike are intent on making MICC the forefront of this developing industry.

For further information, please contact any of our attorneys in the Arent Fox Telecommunications Group, including: