Spatial Law and Policy Update (December 21, 2009)

Spatial data will play an important role in the development of the smart grid. However, as this article from cnet suggests, one of the requirements will be increased timeliness and accuracy of the data. As discussed many times here, such requirements can also result in increased risk.

Those interested in privacy should closely follow these two matters. The Electronic Privacy Information Center and a few other groups have filed a complaint with the Federal Trade Commission regarding Facebook's recent changes to its privacy policy. Location-based services companies should consider what impact any decision will have on their opt-in/opt-out policies. In addition, the Supreme Court has agreed to hear a case involving the privacy of an employee's text messages on an employer device. Although the case deals specifically with government employees and text messages, the Court could use this as an opportunity to weigh in on technology and privacy matters more generally with a broadly worded opinion.

If you can ignore the "sky is falling" tone of the following blog post on the Electronic Frontier Foundation website, you will find the post raises some interesting points. As discussed here before, in-house lawyers will find it challenging to deal with requests from law enforcement for location information on their customers given the stakes involved and the uncertainty in the law.