The Netherlands privacy regulator has announced an investigation into Facebook's recently announced privacy policy change that is scheduled to go into effect on January 1, 2015. Facebook's new privacy policy states that it has the right to use the information provided by its users through their posts, messages, and other online interactions for commercial purposes. This change is not very surprising since Facebook makes most of its money via behavioral advertising.
Due to the agreements that Facebook has with data brokers and its tracking capabilities across the Internet and devices, I do not trust the company with my personal data or my children's personal information. I choose not to share my personal thoughts on Facebook because the information may be shared with not only data brokers and marketers, but also insurance companies, the government, etc... My personal thoughts, data points, etc... may then be utilized against me in ways I never intended.
It is a welcome trend that European data protection regulators are investigating Facebook and fining companies such as Google for violating the personal privacy of users. My hope is that the FTC and state attorney generals follow in their footsteps and require these companies and others to become more transparent about their digital collection and utilization practices and impose fines when they have made misrepresentations about their activities.
Facebook and Google are two of the most successful advertising companies in the world. However, both of these companies appear to perform similar functions as some telecommunications entities and data brokers. Should these companies and others with similar privacy policies and practices be regulated as such?
Copyright 2014 by Shear Law, LLC. All rights reserved.
Tuesday, December 16, 2014
Iowa Digital License App Has Major 4th Amendment Implications
Wouldn't it be great if we didn't have to carry around a wallet with a driver's license, credit cards, ATM cards, health insurance cards, etc...? As Apple famously trademarked and states in some of its commercials, "There's an app for that". For almost every interaction we have in the real world, software developers are creating apps to allegedly make our lives "easier" and more "frictionless".
In the tech world, "frictionless" may mean making it very easy to "share your personal thoughts, viewing habits, etc...without violating privacy laws", or making it very easy to "make online purchases." This is why so many companies are rushing to create apps for users. Unfortunately, multiple FTC reports have found many apps lack proper disclosures which may in turn lead to data leakage which creates cyber safety challenges for users.
The latest app that aims to make our lives "easier" is an app that may replace a physical Iowa driver's license. At first glance, this sounds great. Since more and more people are using their smartphones to do every day tasks and these mini computers hold so much of our personal information why not utilize an app which would mean one less thing (physical driver's license) to carry around?
There are numerous questions that still need to be answered. If a person who uses the app is questioned by a police officer during a "routine traffic stop" or a "stop and frisk" and asked to show the driver's license app will a police officer be able to access other parts of the phone or will a password be needed? What happens if a text message, email, or phone call comes through at the moment the police officer is reviewing the app license? Will the police officer be able to see the sender of the message, or the contents of the communications, or the phone number of the caller? When downloading the app, will it request access to your contacts or want to see what other apps you have downloaded like Twitter?
According to the recent Supreme Court decision in Hein v. North Carolina, the police may stop a car based on a "reasonable" misunderstanding of the law. What if while reviewing a driver's license app a police officer "misunderstands the law" and searches your smartphone, or makes subtle threats about providing access to your smartphone?
The bottom line is that there are still many questions that need to be answered regarding this new app. As more and more of our lives become digital, it is imperative that app developers work closely with lawyers and regulators to ensure that privacy by design is part and parcel of the process. While we may not know all of the potential consequences of utilizing driver's license apps, it is important that we have a national conversation about these issues to ensure that our 4th amendment rights are properly protected in the Digital Age.
Copyright 2014 by Shear Law, LLC. All rights reserved.
In the tech world, "frictionless" may mean making it very easy to "share your personal thoughts, viewing habits, etc...without violating privacy laws", or making it very easy to "make online purchases." This is why so many companies are rushing to create apps for users. Unfortunately, multiple FTC reports have found many apps lack proper disclosures which may in turn lead to data leakage which creates cyber safety challenges for users.
The latest app that aims to make our lives "easier" is an app that may replace a physical Iowa driver's license. At first glance, this sounds great. Since more and more people are using their smartphones to do every day tasks and these mini computers hold so much of our personal information why not utilize an app which would mean one less thing (physical driver's license) to carry around?
There are numerous questions that still need to be answered. If a person who uses the app is questioned by a police officer during a "routine traffic stop" or a "stop and frisk" and asked to show the driver's license app will a police officer be able to access other parts of the phone or will a password be needed? What happens if a text message, email, or phone call comes through at the moment the police officer is reviewing the app license? Will the police officer be able to see the sender of the message, or the contents of the communications, or the phone number of the caller? When downloading the app, will it request access to your contacts or want to see what other apps you have downloaded like Twitter?
According to the recent Supreme Court decision in Hein v. North Carolina, the police may stop a car based on a "reasonable" misunderstanding of the law. What if while reviewing a driver's license app a police officer "misunderstands the law" and searches your smartphone, or makes subtle threats about providing access to your smartphone?
The bottom line is that there are still many questions that need to be answered regarding this new app. As more and more of our lives become digital, it is imperative that app developers work closely with lawyers and regulators to ensure that privacy by design is part and parcel of the process. While we may not know all of the potential consequences of utilizing driver's license apps, it is important that we have a national conversation about these issues to ensure that our 4th amendment rights are properly protected in the Digital Age.
Copyright 2014 by Shear Law, LLC. All rights reserved.
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