关键词: 电信法, 司法解释, 电话侵扰, 隐私权 

Abstract: The more developed the telecommunication technology, the easier it is to invade users privacy. From precise positioning to data leakage, from targeted advertising to user portraits, telecommunication technology makes people transparent. Therefore, the protection of users privacy, including the right to live a stable life without being disturbed, has always been the principle of telecommunication law legislators. However, this principle is often broken by the upgrading of telecommunication technologies. When legislation cant catch up with technologies, judges use judicial interpretation to make up for the weakness of law. Gadelhak v.AT&T Services, Inc. was ruled by the 7th Circuit Court of Appeals on February 19, 2020, in which consumers sued the defendants automatic dialing system for intrusion, and judges made a judicial interpretation of the Telephone Consumer Protection Act (TCPA). In order to exempt smart phones from automatic dialing and automatic sending of short messages, judges had to exempt the defendant who also used stored numbers to send messages automatically. The judicial interpretation in the name of “legislators original intention” deliberately distorted the original intention of the legislator, which shows the instrumental nature of judicial interpretation.

Key words: telecommunication law, judicial interpretation, telephone intrusion, privacy