Approval of the letter of the Supreme Council of Cyberspace with Khamenei's permission to limit the sending of SMS by citizens in the form of 500 SMS per day and a maximum of 5000 SMS per month.

Abdollah Abdi - Abdi Media

Among the individual rights and freedoms stipulated in the third chapter of the constitution is the principle of freedom of correspondence and communication, which governs all conventional and authorized means of communication, including mobile phones, and based on this principle, people are allowed to use said means and communicate with others. They are free within the limits of the law and no one has the right to deprive them of this freedom.

The Supreme Council of Cyberspace, which was established with the extraordinary powers of Ayatollah Khamenei, has practically become a centralized focal point for policymaking and coordination in cyberspace, and on January 21, 2015, it approved policies for organizing value-added SMS services and bulk SMS in communication networks.

At the same time, because this council did not see the need for approval of these policies and similar matters by the parliament and considered it cumbersome, it sent this resolution to the leader of the Islamic Republic, like its other resolutions, and then, practically, with the approval of Khamenei, the secretary of this council announced it on March 15, 2015. slow down

In this resolution, the duty of policy-making in value-added services is given to representatives of judicial, security, religious, and health institutions!!! and, interestingly, the secretariat of this working group is located in the Ministry of Culture and Islamic Guidance and not the Ministry of Communications and Information Technology as a specialized authority for communications.

This working group also cited paragraph 2 of Resolution No. 21 of the Supreme Council of Cyber ​​Space and the support of Ayatollah Khamenei to the council by justifying the organization of text messages to protect data from violations; Abnormality and cultural invasion! And prevent the spread of false content!!! They pass another by-law.

This resolution is called "Content Regulations of Digital Messaging" and it will be announced on August 1, 2016, for implementation.

Now, pay attention to the beginning of my note and its conflict with the constitution and see exactly and with what arguments this council has bypassed the parliament and the guardian council and possibly the expediency determination assembly and what kind of approval and restriction has it created for a nation contrary to the constitution. ? And then pay attention to the other points below.

1- When the contents of the text messages are deposited and accumulated in the country's security and infrastructure institutions and their contents can be accessed in the file of any mobile number; Of course, it is available to the judicial and competent authorities with a judicial order and through the protection of information of the judicial branch or its corresponding organizations, but it is clear that all these contents, including bank text messages and bank accounts and the exchange of private messages and Other notifications of the authorities who notify by SMS are subject to general and case-by-case informational and sometimes criminal exploitation at the right time.

Of course, regardless of the content of domestic and sometimes foreign virtual networks

If that action makes it easier for them to monitor people and publish data, then what exactly is this disturbance and restriction for? And what is the justification?

Is it possible to believe that it is preventing advertising nuisance? And if it is not, has the sending of advertising SMS decreased? There was no other way technically?

2- With this restriction, what expenses and income did you reduce from the operators who have to comply with the security, judicial, and executive policies? Operators who sometimes have massive shareholders.

- You see, practically bypassing the parliament; The Supreme Council of Cyberspace considers itself the body that approves the law in these cases and approves the initial resolution and then has it approved by Ayatollah Khamenei so that no resistance or criticism can be expressed in it.

The second sub-working group bypassed the specialized organization for regulation and radio communication and then the Commission for Regulation and Radio Communication, which is the competent and regulatory legal authority for these matters, and announced its resolution for implementation.

This is another page of the twisting and strange fate and powerful parallel institutions that consider themselves more competent than the legal authorities of the country and with the support of the leader of the Islamic Republic and often with the justification of Article 57 of the Constitution and absolute guardianship, they are enforced. They know, and even the parliament has no power to oppose them, let alone the Administrative Court of Justice.