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FTC Lobbies To Be Top Cop For Geolocation
chicksdaddy (814965) writes 'As the U.S. Senate considers draft legislation governing the commercial use of location data, The Federal Trade Commission (FTC) is asking Congress to make it — not the Department of Justice — the chief rule maker and enforcer of policies for the collection and sharing of geolocation information, the Security Ledger reports.
Jessica Rich, Director of the FTC Bureau of Consumer Protection, told the Senate Judiciary Committee's Subcommittee for Privacy, Technology that the Commission would like to see changes to the wording of the Location Privacy Protection Act of 2014 (LPPA) . The LPPA is draft legislation introduced by Sen. Al Franken that carves out new consumer protections for location data sent and received by mobile phones, tablets and other portable computing devices. Rich said that the FTC, as the U.S. Government's leading privacy enforcement agency, should be given rule making and enforcement authority for the civil provisions of the LPPA. The current draft of the law instead gives that authority to the Department of Justice.
The LPPA updates the Electronic Communications Privacy Act to take into account the widespread and availability and commercial use of geolocation information provided. LPPA requires that companies get individuals' permission before collecting location data off of smartphones, tablets, or in-car navigation devices, and before sharing it with others.
It would prevent what Franken refers to as "GPS stalking," preventing companies from collecting location data in secret. LPPA also requires companies to reveal the kinds of data they collect and how they share and use it, bans the development, operation, and sale of GPS stalking apps and requires the federal government to collect data on GPS stalking and facilitate reporting of GPS stalking by the public.'
Jessica Rich, Director of the FTC Bureau of Consumer Protection, told the Senate Judiciary Committee's Subcommittee for Privacy, Technology that the Commission would like to see changes to the wording of the Location Privacy Protection Act of 2014 (LPPA) . The LPPA is draft legislation introduced by Sen. Al Franken that carves out new consumer protections for location data sent and received by mobile phones, tablets and other portable computing devices. Rich said that the FTC, as the U.S. Government's leading privacy enforcement agency, should be given rule making and enforcement authority for the civil provisions of the LPPA. The current draft of the law instead gives that authority to the Department of Justice.
The LPPA updates the Electronic Communications Privacy Act to take into account the widespread and availability and commercial use of geolocation information provided. LPPA requires that companies get individuals' permission before collecting location data off of smartphones, tablets, or in-car navigation devices, and before sharing it with others.
It would prevent what Franken refers to as "GPS stalking," preventing companies from collecting location data in secret. LPPA also requires companies to reveal the kinds of data they collect and how they share and use it, bans the development, operation, and sale of GPS stalking apps and requires the federal government to collect data on GPS stalking and facilitate reporting of GPS stalking by the public.'
who knew that the u.s. government had a "privacy enforcement agency"
Sure, there's all kinds of benefits for consumers to have GPS in phones, but if one didn't want to use a phone with GPS, could they buy one without the service. Is it even legal to offer cell phones without GPS now?
I'm not stalking. I'm keeping track of my child/elderly parent.
Will this make find my friends etc illegal.
Just pass a law and let the states or local federal courts deal with it. The government doesnt need anymore power.
So that companies have to deal with 50 or hundreds of different laws just to operate in the US? That'll be great
Uhm, "Interstate Commerce" for why this must be Federal!
Rich said that the FTC, as the U.S. Government's leading privacy enforcement agency, should be given rule making and enforcement authority for the civil provisions of the LPPA.
Considering how existing US privacy enforcement is an absolute joke, I think I'd rather try something new instead of "more of the same." Maybe the FTC could better spend their time, I don't know, jailing the traders that broke the economy?
Since these "commissions" like the FTC, FDA, and FCC have even more obvious problems with revolving doors then even the DoJ does, I doubt it would be a good idea at all to hand this off to the likes of an FTC staffed by former Google, Microsoft, Yahoo, and telecom execs.
So, according to the summary, it puts limits on commercial use of GPS tracking data. Where does it limit government use of GPS tracking data?
Yep. This seems to be a legitimate (albeit rare) exercise of the Commerce Clause, provided it doesn't affect non-commercial sites.
"National Security is the chief cause of national insecurity." - Celine's First Law
It would prevent what Franken refers to as "GPS stalking," preventing companies from collecting location data in secret.
You mean, punish companies that get caught collecting location data in secret?
If risk of getting caught * value of data collection average fine, then profit!
Laws don't prevent anything, they discourage it.
ROTFLMAO. You don't think "passing a law" doesn't give the government more power? (Not to mention, you seem blithely unaware that passing a law accomplishes nothing without a body to enforce said law.)
I don't see why Franken would want do give consumer protection authority to the Justice department rather than the FTC; that's why the FTC exists. Well, other than the fact that Franken is clueless; but I suppose you should assume that when you elect a TV comic to the Senate.
"The LPPA is draft legislation introduced by Sen. Al Franken that carves out new consumer protections for location data sent and received by mobile phones"
What about location data obtained through tower triangulation?
Also, if the wording really is "sent AND received," then location data that is only sent would not be covered. It needs to be "data send and data received," or "data sent OR received," in order to be really effective.
Then again, we all know that these scumbags in Congress are trained well in the art of using the public's general ignorance of the rules of grammar against them.
The problem with notification legislation it does nothing to address real world privacy violations. Lets look at Windows phone 8 for instance.
When you first set it up and wade thru arrays of privacy notices, license agreements and constantly nagged to allow something to upload all of your data, log your actions and tracking your location.
Even after answering no and everything off the system is configured in such a manner when you turn on "location" to use a local mapping application you also give MS the right to collect your location...so saying yes to using your location information privately also enables a third party to collect it...and if you don't like tough shit.
Huge percentage of Android apps demand your location and for most users tools to say no (ApOps, etc) are unavailable to them. Simply providing a take it or leave it notification in the real world solves nothing. Access demands have universally proven themselves to be worthless and dangerous in the real world.
Legislation route only works if "opting out" is mandated to be non-discriminatory where user is given enough granularity where their privacy will actually be protected. A choice along the lines of the subject is not a choice.
Personally I am opposed to this kind of legislation because it promotes locally optimal solutions... enough people need to refuse to tolerate the torrent of bullshit from mobile device vendors and associated ecosystem which continue to put needs of the user below needs of OS vendors, carriers and app vendors. We need to have enough people ticked off to support alternate solutions which put the user first.
The last thing the FTC is more excuses for not doing their job.
Why is it that some websites/servers ask to access my GPS location? I am cool with them knowing my _general_ area like city or or town but not my drone-strikeable exact location down to a few meters. I blame the web browser. The application or web browser should give the user a choice of how detailed of a location (or even a bogus one) to pass on to a particular site. Actually, you know what .. I blame the operating system too. Why should locations be exact or nothing? When an application requests your location for the first time it should ask you whether you want to reveal your exact location or just your generic area or even a bogus location.
Why hasn't a generic location feature been added to any web browsers and/or operating systems?
no.