Slashdot Mirror
California AG Gives App Developers 30 Days To Post Privacy Notice
Trailrunner7 writes "California Attorney General Kamala D. Harris today announced a crackdown on mobile application developers and companies that haven't posted privacy policies, at least where users can easily find them. The attorney general is giving recipients 30 days 'to conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information,' according to a prepared statement. A sample letter defines the issue at hand. 'An operator of a mobile application ("app") that uses the Internet to collect PII is an "online service" within the meaning of CalOPPA. An app's commercial operator must therefore conspicuously post its privacy policy in a means that is reasonably accessible to the consumer. Having a Web site with the applicable privacy policy conspicuously posted may be adequate, but only if a link to that Web site is "reasonably accessible" to the user within the app.'"
Why treat mobile apps as a special case? All software applications, client-side or web based should be treated the same way.
Instead of attaching a sample compliance letter, why didn't the AG attach a sample privacy policy and open source it so that developers can use it?
Pasting in a generic document is much more likely to happen than all those app developers running out and hiring lawyers, so she will either get lower compliance or shoddier privacy policies.
Is it too much to ask that government take the lead in this case? I can't imagine it costs the AG anything, since that office hires a staff of lawyers.
With only 30 days to get a policy written and added to the app, I guess that means that most iPhone apps will not be able to comply.
Don't like it? Stop using the app you paid for!
No refunds. Sucks to be you.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
The article contradicts itself. Early in the article, it states that the policy has to be within the app, then later on, it says it has to be in the App Store. There's a huge difference between the two in what it means for app publishers.
Bogtha Bogtha Bogtha
In UKRANE Capitalist Country!!!!! DOES Not apply.
Hahah.
$$$$$
Does this guy expect app developers from other states to comply with the laws of California? What about developers from other countries?
OK, it's official, "app" is known to the State of California to be defined as a "mobile application".
I'm not a lawyer, but I play one on the Internet. Blog
I disagree that it's going to be that different. If they need to list different data fields that will be retained, or change a length of time, they can edit the open-source document for their specific needs. But this gives them a template to work from which has all of the lawyerese perfected.
I can't agree that the document will differ in every case. In my experience, the differences will be slight, and thus having an open source document would encourage programmers to adopt a general standard (like a community rule) for how they're going to approach privacy issues.
The result would be a raising of the overall standard to that of the proposed document, which is why it's a good idea to have professionals write it and "promulgate" it.
There's a lot of pushback against bullet points, with people talking about "The Power Point effect," where somehow reading a lot of bullet points turn ordinary people into morons. I'm with you -- I think whatever works to make the simplest and clearest communication is best. Going to the level of memes might be taking it too far, but no one's suggest that yet thankfully.
CalOPPA Gangnam Style!
Permission: Fine GPS position (to verify that you're not in california, so as to not show it)
This just sounds like a really good reason to put in a data field for state when signing up for an app, and exclude Californians from use of the app, and explain to them because over burdening regulations our App is not available in your state, please contact the California Attorney Generals office for more information regarding these regulations. While there a lot of people in California, sometimes it's best to just avoid states or places where your work is not appreciated.
...and doing nothing more than his or her job: to ensure that the state enforces that which by law it must enforce. Period.
Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
Sorry AG, you cannot enforce your laws across borders.
Have a nice day.
Dear California Attorney General Kamala D. Harris:
Go pound sand.
Sincerely,
Someone who doesn't live in California.
If you're a developer, Mississippi welcomes you with open arms.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
This is happens too,
I don't think it's a contradiction. The AG is demanding that software developers put the policy in their app; he's saying that he intends to prosecute those who don't, as though they were violating some law which regulates online services. (If we assume this is a valid argument, BTW, it brings up an amazing variety of subtle issues about the [lack of] distinction between services and software which interoperates with those services. You could mentally wank over this forever, and I'm sure here on /. we'll be doing plenty of that, as I will in my final paragraph...)
The AG also has an "agreement" with seven particular repository maintainers ("platform stores"), that those maintainer's dedicated software which is the only thing allowed to talk to repository (imagine how bizarre a concept this would have seemed from around 1994-2007, but before and after that period was/is relatively "normal"), must have the capacity to display these policies prior to downloading the software stored in the repository.
Ergo, it sounds like what'll happen to developers is that there will be two pressures: AG will require them to show the policy to users, and the repository maintainers will further require that the policy be made available separately, so that the "application-download screen in the platform store" can show it too.
The fun begins when you ask "which privacy policy?" It's all so cut-and-dried when the client software only interoperates with a single backend server which happens to be under the control of the same entity who develops the client software. But if you fast-forward beyond "AOL thinking" to mid-1990s consumer tech (the web) it's suddenly impossible to comply with. No web browser for you!
who's going to do all the policing? Kamala D. Harris?
Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
The sad thing is that everybody who will comment negatively about this socialist policy will simply ignore or even champion the hundred or even thousands of other socialist policies that do far more damage to society. Sad indeed!
They aren't. The law, as explained in TFS, applies to all "online services".
This app may collect and distribute any personal information it has access to.
It may be used in the most nefarious of ways to defraud you and enrich others.
The Laws are created by the legislature and enforced by the executive.
The AG has no say in the matter.
Kiss our asses.