On December 3, 2022, the communication tool known as SMS, short messenger service, completed 30 years of its first transmission, and the expectations of the technology sector are for a worldwide profit reaching 50 billion dollars with the use of the tool in 2023[1].
One of the secrets of SMS success is the use of GSM (global system for mobile) mobile technology, which transmits data via the telephone network and is the most popular standard for mobile phones in the world, currently accessed by about one billion around the globe, which allows international roaming agreements that cover almost the entire planet. And, by dispensing with internet access, its reach is even more democratic, and its delivery and opening rate posts figures close to 100%[2].
The combination of accessibility and efficiency allows that, although new technologies have been favored by individuals, the largest brands, companies, institutions, and governments continue to expand the use of SMS. However, it is the security of the tool, which, after all, has been tested for three decades, that makes not only large corporations elect SMS as one of their main forms of communication with the general public, but also public management in the international market.
Owing to the effectiveness of its delivery to recipients, SMS is used by many countries as a warning tool for the population in the event of a natural disaster, health or terrorist emergency. The feeling of security regarding SMS is also blatant in our country, where a recent survey revealed that 44% of the population has already used SMS to ask for help in an emergency[3].
Also in Brazil, municipal governments have adopted SMS as a form of communication with taxpayers, which has already resulted in a 4% default drop in the city of Campinas, São Paulo[4].
Nevertheless, the most iconic of the examples of the presence of SMS in people’s daily lives is “two-factor authentication,” which also proves that even in the face of cutting-edge communication tools that appear daily, SMS is what enables the secure identification of user for registration and password recovery on a number of platforms, the confirmation of bank transactions, among other operations that require a high level of security.
As a technology that is far from outdated and in which the society continues to place its trust, contracts signed via SMS naturally emerged, as this type of transaction brings the security of revealing the precise date and time of the interaction between the contracting parties, the sending of authorization token, in addition to written information of all contractual terms, allowing that often its preservation is much safer than with the traditional hard copies.
Precisely because of the effectiveness of delivery of SMS, credit protection agencies use it as one of the forms of communication to debtors listed in credit reporting agencies, required by CDC (Consumer Protection Code) and the caselaw. Although many Courts have already expressed its position on the validity of notification via SMS, the subject remains under debate.
Besides, it should be noted that the Brazilian procedural system admits typical and atypical evidence[5], therefore, a means of proof cannot be ruled out owing to the mere absence of an express legal provision. In addition, the party submitting digital evidence should bring with it its metadata, structured codes that demonstrate its authenticity and integrity, which is why, except for extreme exceptions, its adoption is well received, increasingly, as it is a means of communication that is part of the daily lives of people, companies, and the government, and whose security and effectiveness have been demonstrated over three decades.
[1]Research conducted by Juniper Research, available at https://www.juniperresearch.com/researchstore/operators-providers/mobile-messaging-research-report accessed on April 12, 2023.
[2]Available at https://www2.infobip.com/pt/blog/sms-marketing. Acessed on April 12, 2023.
[3]Available at https://www2.infobip.com/pt/noticias/pesquisa-infobip-revela-5-tendencias-para-2023. Acessed on April 12, 2023.
[4]Available at https://horacampinas.com.br/prefeitura-vai-cobrar-devedores-de-iptu-por-mensagens-de-sms/ and at https://g1.globo.com/sp/campinas-regiao/noticia/2022/09/16/iptu-campinas-tem-queda-na-inadimplencia-e-indice-de-2022-e-de-159percent-veja-como-regularizar.ghtml. Accessed on April 12, 2023.
[5]Article 369 of the Code of Civil Procedure, Law 13105/2015. “The parties have the right to resort to all legal means which are morally legitimate means, even if not established in this Code, to prove the truth of the facts on which the request for relief or defense is based and to effectively influence the judge’s conviction.”
Available at: https://www.conjur.com.br/2023-mai-11/carolina-bitante-sms-30-anos-tecnologia-segura-efetiva-presente
Autor: Carolina Vieira Bitante • email: carolina.bitante@ernestoborges.com.br
