Mobile Privacy and Apps

New Legislation: Location Privacy and Apps

Class 7

Mobile Privacy and Apps

Location Privacy Protection ActIntroduced 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.

Mobile Privacy and Apps

Location Privacy Protection Act2. 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.

 

 

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.

Mobile Privacy and Apps

Mobile Device Privacy ActIntroduced 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.

Mobile Privacy and Apps

Mobile Device Privacy ActThe “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 softwareThe 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

Mobile Privacy and Apps

Mobile Device Privacy ActThe “Mobile Device Privacy Act” protects consumers by requiring:Consumer consent before monitoring software begins collecting and transmitting informationThe party receiving the personal information must have policies in place to secure the informationAgreements 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