The FCC classified SMS/MMS as unregulated, filterable "information services" rather than regulated "telecommunications services".
https://www.fiercewireless.com/wireless/sms-mms-deemed-infor...
https://www.fiercewireless.com/wireless/sms-mms-deemed-infor...
I will have to look up how this works in the EU and here in The Netherlands. Something to do for the weekend.
[1] https://en.wikipedia.org/wiki/Federal_Communications_Commiss...
I'm glad that Twilio fought for Title II governance: https://ecfsapi.fcc.gov/file/60001324418.pdf
Where was everyone else?
As far as the sanctity of the U.S. Mail, it only applies to sealed envelopes/packages, and Congress can ban items from the mail (e.g. lottery pamphlets, spurious tokens, gasoline, etc.)