We have already filed a formal Petition for Rulemaking with the FCC (Confirmation #202605111759800370). Sign here to show the Commission that the public demands a more secure way to opt-out of political spam.

https://www.fcc.gov/ecfs/filing/status/detail/confirmation/202605111759800370

In the Matter of:
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (47 C.F.R. § 64.1200)

PETITION FOR RULEMAKING / DECLARATORY RULING
I. INTRODUCTION AND INTEREST OF PETITIONER
The Petitioner submits this filing to address a critical conflict between current FCC interpretations of the Telephone Consumer Protection Act (TCPA) and established cybersecurity best practices. As digital threats evolve, the current "opt-out" framework for non-commercial, specifically political, Peer-to-Peer (P2P) SMS messaging places American citizens in a "security paradox" that compromises their digital safety.

II. THE SECURITY PARADOX: TCPA VS. CYBERSECURITY BEST PRACTICES
Current cybersecurity guidelines from the FBI, CISA, and major telecommunications carriers advise consumers to never reply to unsolicited messages from unknown sources. Replying to such messages:
1. Validates the Target: Confirms a phone number is active and monitored by a human.
2. Increases Vulnerability: Marks the user as a "responder," often leading to a sale of their data to malicious "smishing" (SMS Phishing) actors.
However, under the current interpretation of the TCPA for political P2P messaging, a "non-response" is not viewed as an opt-out. This forces the citizen to choose between:
• Violating Security Protocols: Replying "STOP" to an unknown sender to cease harassment, thereby validating their number to potentially unknown third-party vendors.
• Enduring Perpetual Harassment: Maintaining silence, which results in the number remaining on active, shareable lists across multiple political organizations and PACs.

III. ARGUMENT FOR RULEMAKING
The "human-initiated" loophole used by P2P platforms has effectively circumvented the spirit of the TCPA. While political speech is protected, the method of delivery should not require a citizen to compromise their personal cybersecurity posture.
The Petitioner requests the Commission to:
• Redefine "Consent" in the P2P Context: Establish that "Prior Express Consent" must be verifiable for SMS, regardless of whether the message is "human-initiated" or automated.
• Establish a "Silence as Revocation" Rule: Clarify that a failure to respond to any messages from a specific source (or its affiliates) shall be legally recognized as a revocation of any implied consent.
• Mandate Independent Opt-Outs: Require that all non-commercial SMS broadcasts include a non-SMS method for opting out (such as a website link or a central registry) to allow users to protect their mobile privacy without "validating" their number via a reply text.

IV. CONCLUSION
The FCC has a duty to protect the "privacy interests of residential telephone subscribers." In 2026, privacy is inseparable from cybersecurity. By modernizing the TCPA to recognize that "No Reply" is a valid security posture, the Commission will align federal policy with the safety of the American public.