FCC’s ruling that text messages were an ‘information service’ — as opposed to a telecommunications service
Legally, untrue.
Exactly!
Not true. There is a huge difference.
In order to listen to phone calls law enforcement must have a warrant, which requires a Judge's signature and "probable cause".
Text messages require only a subpoena, which does not require probable cause, and an administrative subpoena can be obtained without any Judge ever seeing it. Phone companies are happy to oblige with a complete transcript of your texts.
If a matter is at all delicate, call, don't text. Don't have any "delicate" matters? Think again. Have you ever sent a text to your tax preparer? How about an attorney? Or maybe just a nastygram you later wish you had not sent?
I suspect someone in federal law enforcement told the state that if they taxed texts as telecommunications, they would open the door to the argument that they need a warrant to obtain texts.
Thinking same thing. “Info svc” was probably originally put in to keep the press from being taxed.