Congress Advances Bill To Protect Cell Phone Users' Privacy

http://www.forbes.com/sites/edblack/2012/05/17/congress-advances-bill-to-protect-cell-phone-users-privacy/

The Supreme Court showed unanimity in its discomfort with electronically tracking people without a warrant in its GPS tracking decision in January. But as conveyed by the justices’ written opinions, the splintered reasoning behind rebuking the practice of placing a geo-tracking device on someone’s car without a warrant laid bare the disconnect between how far our technology has come and the outdated privacy protection laws that are struggling to keep pace.

While it was encouraging that all Supreme Court Justices were concerned with warrantless location tracking, the majority issued a narrow written ruling that hinged on the Fourth Amendment violation stemming from the physical trespass involved in attaching a GPS device to a vehicle. The decision did not address the newer, broader issue of the geo-tracking devices we carry everywhere – our cell phones.

Technology can at times provide all too efficient tools for government to surveil and spy on its citizens, and it is important that interpretation of the law keeps up with new technologies that enable this. So we appreciate that Representatives Goodlatte and Chaffetz have introduced the GPS Act to address the 21st Century loophole in ECPA created by development and widespread adoption of cellphone and GPS technology.

Over the past decade, mobile technologies have proven to be among the most transformative of the information age. Their effects have been felt in everything from emergency response to the fall of dictatorships. Studies link mobile penetration to growth in GDP, noting in particular the spike in GDP growth when penetration rises above 25 percent of a population.

The economic benefits of mobile access are hard to argue with. The mobile industry accounted for $195.5 billion in contribution to the U.S. GDP and 3.8 million jobs in 2011 alone.

But we must remember that trust among consumers – particularly where private data is concerned – is key to the success of mobile technology’s adoption.

Location privacy is paramount because of the depth of personal detail that can be revealed. A trace of a person’s comings and goings over the course of any given week can show not just where they work and sleep, but also religious preferences, doctor visits, political affiliations, where a photograph was taken and many other pieces of personal information.