Don't want the government to know where you are? Throw away your cell, stop taking the subway, and pay the toll in cash
By Brendan I. Koerner
LegalAffairs.org
IF YOU PURCHASED A NEW CELLPHONE over the past 18 months or so, odds are that one of the features listed in small print on the side of the box was "E911 capable." Or, as in the case of my latest Motorola, "Location technology for piece [sic] of mind." Perhaps you asked the salesman to explain the feature, and he replied that it means that cops can home in on your phone in case of an emergency, a potentially important perk should you ever find your hand pinned beneath an immovable boulder in rural Utah, as Aron Ralston did recently. Assuming he could have gotten a signal, an E911-capable phone might have saved the young backpacker the pain of having to amputate his own arm.
So what's preventing them from doing so, at the behest of either direct marketers or, perhaps more chillingly, the police? Not the law, which is essentially mum on the subject of location-data privacy. As often happens with emergent technology, the law has struggled to keep pace with the gizmo. No federal statute is keeping your wireless provider from informing Dunkin' Donuts that your visits to Starbucks have been dropping off and you may be ripe for a special coupon offer. Nor are cops explicitly required to obtain a judicial warrant before compiling a record of where you sneaked off to last Thursday night. Despite such obvious potential for abuse, the Federal Communications Commission and the Federal Trade Commission, the American consumer's ostensible protectors, show little enthusiasm for stepping into the breach. As things stand now, the only real barrier to the dissemination of your daily movements is the benevolence of the telecommunications industry. A show of hands from those who find this a comforting thought? Anyone?
THE WIRELESS INDUSTRY HAS A NAME FOR SUCH CUSTOM-TAILORED HAWKING: "location-based services," or LBS. The idea is that GPS chips can be used to locate friends, find the nearest pizzeria, or ensure that Junior is really at the library rather than a keg party. One estimate expects LBS to be a $15 billion market by 2007, a much-needed boost for the flagging telecom sector. See Complete Article: Legal Affairs
KNN-This article was originally written in July/Aug. 2003. Just think what they can do now!!
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