Mobile: Location Privacy and Apps_Michael Hanley
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The document outlines several legislative acts introduced in Congress to protect mobile privacy, including the Location Privacy Protection Act, which restricts the collection and disclosure of geolocation information without user consent. It also describes the GPS Act that mandates warrants for GPS surveillance and prohibits the sale of geographical tracking data without customer permission. Additionally, the Mobile Device Privacy Act requires disclosures related to monitoring software on mobile devices and establishes enforcement mechanisms for consumer protection.
Mobile: Location Privacy and Apps_Michael Hanley
- 1. Mobile Privacy and Apps New Legislation: Location Privacy and Apps Class 7
- 2. Mobile Privacy and Apps Location Privacy Protection Act Introduced in Congress in June 2011 to address voluntary location tracking of electronic communications devices. Covers these issues: 1. Voluntary location tracking of electronic communications devices A covered entity may not knowingly collect, receive, record, obtain, or disclose to a nongovernmental individual or entity the geolocation information from an electronic communications device without the express authorization of the individual that is using the electronic communications device.
- 3. Mobile Privacy and Apps Location Privacy Protection Act 2. Geolocation information used in interstate domestic violence or stalking A covered entity that knowingly and willfully discloses geolocation information about an individual to another individual 3. Sale of geolocation information of young children Any person who knowingly and willfully sells the geolocation information of not less than 1,000 children under 11 years of age shall be fined under this title, imprisoned for not more 2 years, or both.
- 4. Mobile Privacy and Apps Geolocation Privacy and Surveillance Act Introduced in Congress in June 2011. The GPS Act would require federal, state, and local authorities to cite probable cause and obtain a warrant from a judge before conducting GPS-enabled surveillance, such as the secret placement of tracking devices on the cars of suspected terrorists and criminals. It would also require a warrant to obtain tracking data about individuals from wireless companies. In addition, the GPS Act would prohibit businesses from disclosing geographical tracking data about its customers to other companies without the customers' permission.
- 5. Mobile Privacy and Apps Mobile Device Privacy Act Introduced in Congress in September 2012 Motivated by Carrier IQ controversy - Carrier IQ software on smartphones and other devices tracks user keystrokes, location and text messages without their knowledge or consent. - Was used on many smartphones and carrier systems - Most cell phone manufactureres and cell phone carriers have now discontinued use of Carrier IQ, but not all.
- 6. Mobile Privacy and Apps Mobile Device Privacy Act The “Mobile Device Privacy Act” protects consumers by requiring: Disclosure of mobile telephone monitoring when a consumer buys a mobile phone; after sale, if the carrier, manufacturer, or operating system later installs monitoring software; and if a consumer downloads an app and that app contains monitoring software The disclosure includes the fact that the monitoring software has been installed on the phone, the types of information that are collected, the identity of the parties to which the information is transmitted, and how such information will be used
- 7. Mobile Privacy and Apps Mobile Device Privacy Act The “Mobile Device Privacy Act” protects consumers by requiring: Consumer consent before monitoring software begins collecting and transmitting information The party receiving the personal information must have policies in place to secure the information Agreements on information transmission must be filed at the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) An enforcement regime for the FTC and FCC, along with State AG enforcement and a private right of action
Editor's Notes
- #3: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- #4: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- #5: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- #6: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- #7: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.
- #8: The Mobile Ecosystem: Players and Playing Field --The Initiative Owner or their Marketing Agency/Ad Agency create the mobile initiative idea and specifications --The Application Service Provider (ASP) provides the mobile software and hardware back end technology, mobile management services, and mobile expertise in helping create, develop and manage mobile initiatives --The Network Aggregator’s main function is to provide a single point connection to the multiple wireless carriers --The Wireless Carriers: The “pipe” that carries the mobile messages/content (Cingular, Verizon, T-Mobile, Sprint/Nextel et al.) Yellow arrows represent the actual text or content messages sent and received through the system. Via their cell phones, consumers communicate through the carriers/aggregator to the application provider who processes their communication. The ASP responds back through the aggregator/carriers back to the consumer. The Carrier “Walled Garden” Since the carriers own the wireless “pipe”, in some instances they will control or prohibit the distribution of messages or content to their subscribers that does not originate from them. Some carriers only allow mobile content (ringtones, wallpapers, video, music etc.) to be downloaded through them, and do not allow any third party to directly offer content to their subscribers–hence the “walled garden”.