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Preventing Another Carrier IQ: Introducing the Mobile Device Privacy Act

Posted by Soulskill on from the stop-with-the-tracking-and-suchforth dept.

MrSeb writes "Lawmakers in Washington have turned their sights on mobile device tracking, proposing legislation aimed at making it much harder for companies to track you without consent. The Mobile Device Privacy Act (PDF) makes it illegal for companies to monitor device users without their expressed consent. The bill was introduced Thursday by Massachusetts Democrat Representative Edward Markey, co-Chair of the Bi-Partisan Congressional Privacy Caucus. Much of the impetus for the bill came from last year's Carrier IQ debacle, where it emerged that the company's software was found to exist on both iOS and Android devices on AT&T and Sprint's networks. While the company denied any wrongdoing, the software captured keystrokes and sent the details of your device usage back to the carriers. If passed, the legislation would require the disclosure of including tracking software at the time of the purchase of the phone, or during ownership if a software update or app would add such software to the device, and the consumer gains the right to refuse to be tracked. This disclosure must include what types of information is collected, who it is transmitted to, and how it will be used."

4 of 60 comments (clear)

  1. Laws don't matter by Anonymous Coward · · Score: 3, Insightful

    They'll just put the required consent in the Terms of Service. Problem solved.

    1. Re:Laws don't matter by icebike · · Score: 3, Insightful

      Exactly.

      Go read the bill folks. All it does is mandate DISCLOSURE

      It doesn't mean that you get to disapprove of the monitoring software and still get to to keep the device or maintain service to the device. Where have you ever seen the ability to selectively accept or decline the boilerplate provisions of your contract? Check this box saying you agree to all the terms here in or we can terminate your contract and require you pay your Early Termination Fee.

      The biggest hole is with manufacturer installed monitoring software. Its not at all clear that disclosure would be required if it was on the device at the point of manufacture as opposed to being added later (2a3).

      Further the Exemptions clause (2d) is so broad the you could drive a truck thru it. No disclosure necessary if there was a "reasonable expectation" that monitoring software might exist on the device. What precisely is Reasonable? Some mumbo-jumbo about service quality management buried in the fine print?

      Its a good start, it just needs to be tougher.
      Simply prohibit carrier or manufacturer installation of such software outright.
      Make it an after market package you can sign up for if you have problems and uninstall after the fact.

      --
      Sig Battery depleted. Reverting to safe mode.
  2. Hypocracy by mewsenews · · Score: 3, Insightful

    I love how the government is trumpeting the fact that they're doing this, because they're all upset that THEY should be the only ones allowed to track people.

  3. Carriers shouldn't sell phones by hobarrera · · Score: 4, Insightful

    I've said it once, and I'll say it again: carriers have no busyness selling mobile phones, they need to be separate things, to avoid vendor-lock in, and plenty of other issues.
    I'm still surprised how many people in the US seem to buy their phones from their carriers really. Phones need to be sold in closed boxes on default factory settings, and sold by phone-selling companies. Otherwise, there's a severe conflict of interests.
    Imagine if PCs were sold by ISPs, and TVs by cable-companies!