Spatial Law and Policy

The Spatial Law and Policy Update

2012-01-26T06:40:00.003-05:00

With apologies for the gap in posting this, please find below the most recent Spatial Law and Policy Update prepared for the members of the Centre for Spatial Law and Policy

Privacy

EU proposes 'right to be forgotten' by internet firms (BBC)

Google blurs woman's Street View pratfall (cnet)

Compromise on Draft European Data Protection Regulation in Reach (Global Privacy and Security Compliance Law Blog)

Data and privacy rears its head at DLD (Tech Crunch)

Consumers ditch websites with poor privacy policies (PC Pro)

Is It Legal for an Employer to Secretly Track an Employee's Personal Vehicle 24/7 for One Month? Perhaps! (Workplace Privacy Counsel)

How Data Sensitive Are Your Customers? (Forbes)

Schools to Monitor Obese Students, Raising Privacy Fears (Education News)

A privacy-centered economy (TechWorld)

National Security/Law Enforcement

Supreme Court Deals Blow To Government Surveillance, Saying Warrant Needed For GPS Tracking (Forbes)

Aus becoming surveillance state: Ludlam (ZDNet)

East Bay firm keeps log of private cars' locations (SF Gate)

Intellectual Property

The ecstasy of influence: A plagiarism (Harper's Magazine)

SOPA, Internet regulation, and the economics of piracy (ARS Technica)

Data Quality

Personal Musings On The Authority Of OpenStreetMap (Archaeogeek)

What Caused Cruise Ship To Run Aground? (Sky News)

Costa Concordia: Rock Not Charted or Erroneous Navigation? (Hydro International)

Smart Grid

Smart utility meters dial up backlash (The Detroit News)

Spatial Data Infrastructures

Enabling Transit Solutions A Case for Open Data (Georgia Institute of Technology)

NGAC Delays Action on FGDC Until April Meeting (Directions Magazine)

Is There Room for Private Industry and Entrepreneurs in Spatial Data Infrastructure? (Vector One)

Remote Sensing

U.S. Government Looking To Lower Landsat Costs (Space News)

Satellite Images Reveal North Korean Progress on Nuclear Facility [Wired] (Space News)

Alternative Futures: United States Commercial Satellite Imagery in 2020 (Innovative Analytics and Training)

The Budget Threat and What Could be Lost (Imaging Notes)

Crowd-sourced

CITIZEN SCIENCE AND VOLUNTEERED GEOGRAPHIC INFORMATION: CAN THESE HELP IN BIODIVERSITY STUDIES? (Brian Klinkenberg, University of British Columbia)

Tribes Effectively Barred From Making High-Tech Maps (Geodata Policy)

French Speedcam Warning Ban: NAVX Seizes Court Over New Law (GPS Business News)

GNSS

LightSquared claims interference tests were rigged (TG Daily)

Another test finds LightSquared satellite service interferes with GPS (The Washington Post with Bloomberg)

Miscellaneous

How fragile are the networks that we depend upon for today's GIS? (V1 Magazine)

Censorship in the world's largest democracy (Aljazeera)

Earthcomber Suing Real Estate Sites for Patent Infringement (Directions Magazine)

Mobile Technologies for Child Protection (Mobile Active)

Getting “Internet Freedom” Straight (Tech Crunch)

The Spatial Law and Policy Update

2011-12-28T12:58:00.000-05:00

Privacy

Data Protection Regulation and the Politics of Interoperability (EFF)

National Security/Law Enforcement

Government divided over phone data law (The Local)

Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law (Congressional Research Service)

Police using social media to stop drivers from warning others about RIDE locations (680 News)

Intellectual Property

SOPA Can Impact Companies Who Think They're Immune (Techdirt)

Who Owns Your Followers? Time To Revise Your Social Media Policy (ReadWrite Enterprise)

Data Quality

U.S., Pakistan, at odds over airstrike report (CNN)

Intelligent Transportation System

Eyes in the sky: New poles along Spaulding, I-95 provide real-time solutions to host of problems (Fosters.com)

UAVs

The Drones Are Coming (CDT)

Activists using drones against Japanese whalers (CNN)

NASA Sees Drones Flying In U.S. Airspace (Information Week)

Spatial Data Infrastructure

Publishing Public Sector Information (Australian Government Web Guide)

GNSS

Beijing Launches Its Own GPS Rival (The Wall Street Journal)

LightSquared: GPS not entitled to special protection (The Hill)

Miscellaneous

Court asks social media websites to scrap derogatory content by Feb 6 (Media Newsline)

Scud watching from geostationary earth orbit (CyberSpaceWar.com)

Spatial Law and Policy: Top 10 Stories of 2011

2011-12-27T21:51:00.002-05:00

As I have blogged in the past, it appears that 2012 will be a big year for Spatial Law and Policy matters. Many of these matters will take place because of events that occurred over the past year. As a result, below, in no particular order, are what I consider to be the Top 10 stories in 2011 related to Spatial Law and Policy.

You will note that this list cuts across both technology platforms and legal and policy disciplines and is global in nature. I believe that this representative of the issues facing the industry, but would appreciate your comments and suggestions.

U.S. Supreme Court to address law enforcement's use of tracking devices. The Supreme Court heard arguments in the case U.S. v. Jones in November. In Jones, law enforcement used a tracking device to follow the defendant for four weeks without a warrant. A key issue in the case is how long does following an individual without first obtaining a warrant become a violation of that person's Fourth Amendment rights. If the court rules on that issue - it conceivably can rule on a much narrower issue without addressing tracking - the impact could be much broader than this case. It could also provide insight into how the Supreme Court views a person's reasonable expectation of privacy from a location standpoint with regards to a variety of geospatial technologies.

Impact of budget cuts becoming more pronounced. It is no secret that governments around the world are struggling to deal with massive budget concerns. In 2011, these concerns began to affect significant geospatial technology programs, such as the EnhancedView Program in the United States and Global Monitoring for Environment and Security (GMES) project in Europe. Any significant budget impact on these programs will have a lasting impact on the geospatial community as a whole, particularly businesses, government agencies and consumers who have come to rely on increasingly more frequent and higher quality geospatial data.

Privacy issues regarding geolocation becomes international story Privacy concerns associated with geolocation information received a great deal of attention in the media, from legislatures and regulators, and even in the courtroom in 2011. One should expect much more attention in 2012.

Increased efforts to regulate Internet. There were a variety of efforts in 2011 to restrict the availability of information over the internet. These efforts included a number of countries attempting to use the United Nations to create/enforce such restrictions, including (i) China and Russia proposing a Code of Conduct for Internet Security that would curb "dissemination of information which incites terrorism, secessionism, extremism or undermines other countries' political, economic and social stability, as well as their spiritual and cultural environment" (ii) India, Brazil and South Africa calling upon a new global body within the UN to 'control the internet' and (iii) the ITU adopting a proposal to hold a meeting (subsequently postponed) on cybersecurity and 'the illicit use' of satellite imagery and information and communications technology (ICT). In addition, internet censorship for national security or cultural purposes continued around the world. In the United States, Congress is debating the Stop Online Piracy Act (SOPA) that critics complain would be ineffective, is unconstitutional and could 'break' the internet. Since geospatial data increasingly is being made available over the internet, the success of these efforts could impact a variety of geospatial technologies.

Commercial use of drones becoming a reality. There were many reports in 2011 on the potential use of drones for civilian and domestic purposes. This was particularly true in the United States, due in part to FAA proposed regulations expected to be released in early 2012 addressing drone airspace issues. Clearly, the drones are coming.

Lightsquared/GPS dispute - The issue has received a good deal of attention over the past year, so I won't go into more detail here. However, it is important to keep in mind, that whatever decision the FCC reaches in 2012 likely will be challenged in the courts.

United Nation hosts GGIM - In October, the United Nations hosted the first United Nations Initiative on Global Geospatial Information Management (GGIM).The stated goal of the GGIM is to play "a leading role in setting the agenda for the development of global geospatial information and to promote its use to address key global challenges" and to provide a "forum to liaise and coordinate among Member States, and between Member States and international organizations. A Committee of Experts is also being stood up by the UN to identify critical issues as well as to coordinate with the RIO-20 Conference. This was an important step for the UN and it will be worth following what steps it takes in 2012.

India revises its Remote Sensing Data Policy - After much discussion and debate, India introduced its new Remote Sensing Data Policy. The policy included some fundamental improvements to the earlier version and was an important step for a major player in the international geospatial marketplace. For example, the Indian Space Research Organization will now make imagery of up to 1 meter resolution available for public use; previously the limit was 5.8 meters.

Indonesia passes Geospatial Information Act - In 2011, Indonesia passed what appears to be a broadly worded bill regarding the collection, use and transfer of geospatial information. The new law includes language that could make certain data providers liable for errors in their data products and services. Other countries are considering similar laws with respect to the collection, use and distribution of geospatial data. It will be interesting to see how many laws are passed in the upcoming year and how issues of data quality will be addressed.

Big Data -The term 'big data' has received a great deal of attention in technology - and increasingly business - journals. Much of the value in big data is linking it to a particular location. Therefore, the legal and policy issues of big data are nearly identical to those associated with geospatial data. In fact, one of the conclusions from a recent report by McKinsey & Company (Big Data: The next frontier for innovation, competition, and productivity) is:

" [s]everal issues will have to be addressed to capture the full potential of big data. Policies related to privacy, security, intellectual property, and even liability will need to be addressed in a big data world. Organizations need not only to put the right talent and technology in place but also structure workflows and incentives to optimize the use of big data. Access to data is critical—companies will increasingly need to integrate information from multiple data sources, often from third parties, and the incentives have to be in place to enable this."

The Spatial Law and Policy Update

2011-12-19T16:20:00.000-05:00

SPATIAL LAW AND POLICY UPDATE

DECEMBER 19, 2011

Privacy

Sprint's Decision to Stop Using Carrier IQ a Win for Privacy Advocates (PC World)

Amazon Granted Location Tracking Patent (Slashdot)

Carrier IQ: Actually, we don’t give your data to the FBI — or any other law enforcement (Venture Beat)

Civil liberties group calls for privacy protections involving domestic drones (CNN)

Intellectual Property

Version 4.0 – Public Discussion Launches (Creative Commons)

National Security/Law Enforcement

Recording Everything: Digital Storage as an Enabler of Authoritarian Governments (Center for Technology Innovation at Brookings)

Government is spying on you! (Daily Bhaskar)

Spatial Data Infrastructures

California Supreme Court to hear case for free and open access to county geospatial data (Between the Poles)
UAVs

European Commission Announces New Open Data Policy Package (Semantic Web)

Did Spoofing Down Drone? (GPS World)

Privacy

NY court upholds GPS tracker on worker's car (Wall Street Journal)

Is data safe in brands' hands? (Marketing Week)

Official: White House privacy paper imminent (Politico)

First Draft of European Privacy Reform Leaked to the Public (Global Privacy & Security Compliance Blog)

How Carrier IQ Could Have Avoided Its Dumbest Move (techcrunch)

O'Brien: Privacy, schmivacy. I just can't get worked up over the latest freakouts (Mercury News)

Surveillance (techcrunch)

Google, Microsoft teams work to keep pace with privacy laws (Computer World)

How the Data Protection Act's death will punish the UK economy (ITPRO)

Federal Judge: No Strict Liability for Data Resellers (Law Technology News)

Carrier IQ Data Collection Technically Legit, Say Researchers (Information Week)

Intellectual Property

Congress Asks NOAA to Consider Charging for Data (Science Magazine)

National Security/Law Enforcement

South Korea boosts review of social media (CNN)

India urges social media sites to block objectionable content - reports (Reuters)

Web Surveillance Software and Jobs (Wall Street Journal)

Are These Satellite Images Exposing America's Secrets? (Fox News)

UAVs

Drone journalism? The idea could fly in the U.S. (The Washington Post Blog)

Police employ Predator drone spyplanes on homefront (LA Times)

Satellite Navigation Systems

Lightsqured Update (Directions Magazine)

The Drone as Privacy Catalyst (Stanford Law Review)

LightSquared Update - LS: We’ll Go Low Power, Search for Leaker on Report 12/14/11 (Directions Magazine)

Commercial Satellite Imagery

White House Orders Commercial Spy Sat Study As Deep Cuts Rumored (Aol Defense)

Miscellaneous

The Internet Gets Physical (The New York Times)

O.E.C.D. Calls on Members to Defend Internet Freedoms (The New York Times)

Reading the toll leaves: How trucks can be economic indicators (CNN)

December 12, 2011

Intelligent Transportation Systems

“Honk If you Are Wearing a Thong” – Hacked Highway Sign Prompts Washington, DC Suburban Drivers To Disclose Choice of Underwear (Transport Gooru)

Miscellaneous

How Twitter Proves That Place Matters (The Atlantic Cities)

Should Freedom of Information Requests Extend to Technology and Software? (Forbes)

ISACA: Users Will Soon Not Be Able to Opt Out of Location Data Sharing (CSO)

FBI denies using controversial cellphone tracking software (The Hill)

US official: Iran will find it hard to exploit captured drone because of US measures (The Washington Post)

Legal and Policy Framework for a 'Location-enabled' Economy

2011-11-19T17:34:00.001-05:00

I have been giving some thought as to the fundamental elements of a legal and policy framework necessary for the development of a 'location-enabled' economy. For purposes of this post, I am defining a 'location-enabled' economy as one that allows the full potential of geospatial technologies to be realized while addressing legitimate concerns, such as privacy. In my opinion, nations that develop such a framework will be better suited for economic growth, high quality government services, increased public safety and homeland security and protecting natural resources. In addition, these nations will be the leaders in addressing transnational issues such as climate change. Thus far, I have come up with the following (in no particular order):

1. Laws, regulations and policies with respect to the collection, use and transfer of geospatial data are clear and transpartent;

2. Any regulations that restrict the collection of geospatial data - of any type - are narrowly-tailored to address specific and articulable concerns, rather than broadly defined so as to address any potential risk;

3. Due to its unique qualities, geolocation information is protected for privacy purposes differently than information such as social security numbers, financial information or medical records;

4. Government agencies make government data (or Public Sector Information (PSI)) broadly available at minimal or no cost;

5. Intellectual Property Rights (IPR) in geospatial data are clear, widely understood and when appropriate, adequately protected;

6. Geospatial technology is treated the same as other types of technology;

7. There are no restrictions on the import and/or export of geospatial data;

8. There are no restrictions on the availability of information on the internet;

9. Individuals are adequately protected from government's using geospatial surveillance technology; and

10.Laws and policies encourage the use of industry standards that promote interoperability.

This list is still a work in progress. Therefore, please let me know if there are any items you would suggest adding or removing from this list.

The Spatial Law and Policy Update

2011-11-10T10:57:00.006-05:00

The Spatial Law and Policy Update:

Raising Awareness of Where Geospatial Technology Is Taking the Law

Privacy

It Is Not Safe to Break Up in a Burger King Any More (Gawker)

AccuWeather App Stalks HTC Users (Directions Magazine)

Sens. Kerry and McCain press agencies for final privacy reports (The Hill)

The Competitive Privacy Marketplace: Regulators Competing on Privacy, Not the Companies (Huffington Post)

Congress Should Resolve Location Tracking Questions (Huffington Post)

City Put Municipal Judge Under Surveillance in Residency Probe, Found She Rarely Spent Night at Home (ABA Journal)

Intellectual Property

Anti-Piracy Legislation Targets Copyrights, While Critics Say It's a Trap to Hurt Facebook, YouTube (Fox News)

SOPA? E-PARASITE Act? Whatever It’s Called, Here’s A Primer on the Latest in Protect IP (Corporate Law Report)

Who Owns Your LinkedIn Contacts? (Forbes)

National Security/Law Enforcement

Reflections on the Oral Argument in United States v. Jones, the GPS Fourth Amendment Case (Volokh)

CIA tracks overseas revolts via Tweet, Facebook (Mercury News)

Judges Weigh Phone Tracking (Wall Street Journal)

Distorted map: Chinese ambassador tells Indian journalist to shut up (The Times of India)

Syrian Surveillance Project May Get Stopped as Italy Firm Weighs Options (Bloomberg)

Iranian Police Seizing Dissidents Get Aid Of Western Companies (Bloomberg)

Chinese govt targets social media with plan to curb “harmful information” online (The Next Web)

Facebook's Swedish data centre will be subject to Snoop Law It's the law, innit... bitch (The Register)

Another attempt at export control reform legislation (Space Politics)

NYC Testing System to Notify Victims of Domestic Abuse of Geofence Breach (Directions Magazine)

Data Quality/Liability

GIS Data: A Look at Accuracy, Precision, and Types of Errors (GIS Lounge)

UAVs

U.S. Tightens Drone Rules (Wall Street Journal)

Satellite Navigation

GPS group urges FCC to ban LightSquared from upper half of spectrum (The Hill)

Spatial Data Infrastructures

Another consideration for Open Data (The Guardian)

Miscellaneous

OGC’s Mark Reichardt Presents at UN-GGIM Forum (SDI Magazine)

Tech giants to feds: We need free trade for data (GIGaom)

Promoting Cross‐Border Data Flows Priorities for the Business Community (NFTC)

EARSC Position Paper on Data Policy (EARSC)

HIGH LEVEL FORUM ON GLOBAL GEOSPATIAL INFORMATION MANAGEMENT SUMMARY OF THE CHAIRPERSON (GGIM)

With an App, Your Next Date Could Be Just Around the Corner (New York Times)

The Spatial Law and Policy Update (November 2, 2011)

2011-11-03T17:35:00.000-04:00

Raising Awareness of Where Geospatial Technology Is Taking the Law

Privacy

Right of Publicity Suit Against Facebook Dismissed (Inside Privacy)

Big data mining, fairness and privacy (KDnuggets)

AT&T Plans To Sell Health-Tracking Clothing (Forbes)

W3i Suggests iOS Developers Use MAC Address As UDID Replacement (TechCrunch)

Developer alert: Should you use MAC addresses instead of UDIDs? (Privacy Choice)

Update of Key Transparency Law Would Better Protect Americans' Privacy (OMB Watch)

Scary Stalker Husband In The Legal Clear To Track Wife's Car (Forbes)

AccuWeather App Stalks HTC Users (Directions Magazine)

Intellectual Property

Protecting The Safe Harbors Of The DMCA And Protecting Jobs (AVC)

Looks like Congress has declared war on the internet (Gigaom)

National Security/Homeland Security

Homeland Security reviews social media guidelines (Associated Press)

Privacy Commissioner Ann Cavoukian: Privacy invasion shouldn’t be ‘lawful’ (National Post)

UK Cops Using Fake Mobile Phone Tower to Intercept Calls, Shut Off Phones (Wired)

Hack at Japan’s mapping agency raises concerns about a sustained attack (Computer Weekly)

Transparency Report (Google)

Pakistan captures security data from Indian chopper (Geospatial World)

Satellite Navigation Systems

Various Articles about LightSquared (GISUser)

Spatial Data Infrastructures

SOCIAL MEDIA TO HAVE INDIRECT INFLUENCE ON SDI (FutureGov)

Delhi to implement geospatial law from November 15 (Geospatial World)

UAV's

Homeland Security adding 3 drone aircraft despite lack of pilots (Los Angeles Times)

Miscellaneous

Support access to geographic information systems technology and training in local governments (The White House)

India formally proposes government takeover of Internet (dot-nxt)

Prince of Wales: a private individual's effective veto over public legislation (The Guardian)

When Maps Shouldn’t Be Maps (Matthew Ericson)

Spatial Data Infrastructures: More Than Directives (Redux)

2011-10-28T07:48:00.002-04:00

Last year, Steven Ramage (OGC) and I wrote an article for Directions Magazine on the practical legal challenges associated with implementing directives and policies creating national spatial data infrastructures (SDI's). Prof Arup Dasgupta, from Geospatial Media, summarized the issues much more succintly in a recently published editorial titled 'Acts and Actions' in Geospatial World Weekly (October 4, 2011):

"Many countries have enacted laws to enable the use of geospatial technology in governance. However, these Acts and Orders have to be followed up by action to actually realise the application of this technology in the intended areas. The NSDI was established by an executive order in the USA in 1994 and further amended in 2003. Similarly, the Indian NSDI was mandated in June 2006 by the Union Cabinet through an executive order. A European Union directive in 2007 established the INSPIRE project to realise an SDI for Europe. While many activities have been initiated and some have come to fruition, these laws have not always resulted in action in terms of realisation of an SDI which substantially meets all the envisaged geospatial data requirements of government, industry and its citizens. In many cases, these Acts have not taken into account the possible clash with extant laws. Thus, policies regarding access to modern geospatial data, individual privacy, surveillance and tracking, to name a few, often seem to be at loggerheads with these Acts. These clashes have resulted in the slow growth and tardy action in the realisation of SDIs. The action needed is to bring existing policies and laws in line with the new Acts so that we can then see some real action. "

Well said!

The Spatial Law and Policy Update

2011-10-13T21:54:00.000-04:00

Raising Awareness of Where Geospatial Technology Is Taking the Law

Privacy

Opinion of the European Data Protection Supervisor on the proposal to amend Regulation on recording equipment in road transport (European Data Protection Supervisor)

Lawmakers endorse updates to children's online privacy law, disagree on broader privacy protections (The Hill)

There's little privacy in a digital world (Los Angeles Times)

Viewpoint: Should we do away with privacy? (BBC News Magazine)

Shopping Centers to Monitor Customer's mobile phones (Courier Mail)

Data Quality

With Big Data Comes Big Responsibilities (MIT Technology Review)

British motorists suffer sat nav rage (TMCnet.com)

Intellectual Property

Publisher Claims Ownership of Time-Zone Data (Threat Level)

The Face That Launched 7,000 Clicks (Courthouse News Service)

Facebook: The law reasonably states you can't have all your data (ZDnet)

National Security/Law Enforcement

Secret Orders Target Email (The Wall Street Journa)

Hunting illegal mining in Goa (Ogle Earth)

Calif. Governor Veto Allows Warrantless Mobile Phone Searches (Wired)

U.S. Intelligence unit aims to build "Data Eye In the Sky" (NYT)

Gaming Out the Supreme Court Tracking Case (Cato)

Spatial Data Infrastructure

Zoning the Oceans? (Law of the Land)

Effectiveness of President Obama's cybersecurity order unclear, experts say (The Hill)

Dutch Government Will Release Geodata and Satellite Images (EPSI Platform)

How governments are using technology to engage citizens

UAVs

Coming Soon: The Drone Arms Race (New York Times)

Exclusive: Computer Virus Hits U.S. Drone Fleet (Wired)

Predator Drone Virus Could Be Internal Monitoring System: Analyst (TechZwn)

Miscellaneous

How do crowdsourcing, the Internet of Things and Big Data converge on geospatial technology? (Spatial Sustain)

GPS Data on Beijing Cabs Reveals the Cause of Traffic Jams (Technology Review)

Thursday, October 6, 2011

Privacy

Court: Some data on government cell phone tracking should be public (CNN)

Judge shreds, dismisses iPhone privacy class-action (ARS Technica)

GM’s OnStar Unit Alters Privacy Policy (Bloomberg)

Apple joins lobby against warrantless data inspection (Information Age)

CNIL Cites French Yellow Pages Operator for Illegal Use of Social Media Data (Hogan Lovell's Chronicle of Data Protection)

Data Anonymization and Re-identification: Some Basics Of Data Privacy (The Daily Attack)

Which Telecoms Store Your Data the Longest? Secret Memo Tells All (Threat Level)

ISACA stresses the need to protect mobile data from the increasing security threats posed by location-based apps (IT Pro)

Employer did not violate employee’s privacy by accessing personal laptop (Internet Cases)

HTC security vulnerability said to leak phone numbers, GPS data, and more, HTC responds (Engadget)

Senate Committee Approves Data Breach Bills Despite Heavy Opposition (eweek.com)

Data Quality and Liability

Real estate boundaries: real and imagined (inman News)

Issues of Liability Unclear for Sensor and Sensor Platform Providers (Spatial Sustain)

GPS

LightSquared: GPS industry should pay for fixing commercial devices (The Hill)

Lightsquared Update - LS Exec Threatens Legal Action (Directions Magazine)

Law Enforcement/National Security

Details Emerging On Stingray Technology, Allowing Feds To Locate People By Pretending To Be Cell Towers (techdirt)

Biannual Swedish media panic sets in as Google Earth continues to show Sweden’s “secrets” (Ogle Earth)

GPS Inventor Urges Supreme Court to Reject Warrantless Tracking (Threat Level)

Drones

IPhone app pilots drone aircraft from 3,000 miles away (Los Angeles Times)

Recent Arrest Puts Model Airplanes on Radar (The Wall Street Journal)

Smart Grid

Spatial Law and the Smart Grid (Spatial Sustain)

Five Legal/Policy Issues to Follow Over The Next Twelve Months

2011-10-04T21:17:00.000-04:00

The next year is shaping up to be an important period for the geospatial industry. Over that time there is likely to be movement on a number of key legal and policy issues that could have a significant impact on the industry's growth over the next decade. These issues include:

LightSquared/GPS dispute - The issue has received a good deal of attention over the past six months, so I won't go into more detail here. However, there are two points worth considering. First, any negative impact LightSquared's technology has on GPS (and similar systems) will be felt throughout the geospatial community; interference with GPS development and use for commercial purposes will be a step back for the entire geospatial community. Moreover, whatever decision the FCC reaches likely will be challenged through legal means, including lawsuits. Such uncertainty will be seen as a challenge for businesses wishing to exploit this technology for commercial purposes.

GPS tracking case to be heard by U.S. Supreme Court - The U.S. Supreme Court has agreed to hear arguments in the case U.S. v. Jones in November. One of the specific issues involved in the case is to what extent is the use by law enforcement of a GPS tracking device to track a suspect on public streets without first obtaining a warrant a violation of the suspect's Fourth Amendment rights. (In Jones, the tracking occurred for over four weeks.) If the court rules on that issue - it conceivably can rule on a much narrow issue without addressing tracking - the impact could be much broader than the facts of this case or even the use of GPS tracking devices by law enforcement. It may create a broader statement as to what a person's reasonable expectation of privacy is from a location standpoint with regards to a variety of geospatial technologies.

Budget considerations Governments around the world are struggling with budget concerns. These concerns are likely to delay and/or undo current plans to deploy satellite systems in the US and around the globe. Given that the economic uncertainty is likely to last for a while, it may take years before such decisions are overcome. As a result, the geospatial community may be feeling the effects of the decisions for a decade or longer. Again, the impact will likely go well beyond the satellite companies and reach the broad range of businesses, government agencies and consumers who have come to rely on increasingly higher quality geospatial data.

Impact of privacy legislation and regulation on geolocation - I have written extensively about how geolocation information is being caught up in global efforts to protect consumer privacy. Thus far most of the media and regulatory attention seems to have been focused on companies such as Google and Apple. However, legislation and regulations are being developed - and could be implemented over the next year - that would have a much broader impact and could make it much more difficult and expensive for a variety of companies to collect, use and or transfer geospatial data.

Efforts to use the UN to regulate information available on the internet - There is a growing effort by countries to use the United Nation as a means to restrict the availability of information over the internet. This includes (i) China and Russia proposing a Code of Conduct for Internet Security that would curb "dissemination of information which incites terrorism, secessionism, extremism or undermines other countries' political, economic and social stability, as well as their spiritual and cultural environment" (ii) India, Brazil and South Africa calling upon a new global body within the UN to 'control the internet' and (iii) the ITU adopting a proposal to hold a meeting (subsequently postponed) on cybersecurity and 'the illicit use' of satellite imagery and information and communications technology (ICT). Since geospatial data increasingly is being made available over the internet and countries have expressed concerns about the potential for publicly available geospatial data to threaten a nation's security, the success of these efforts could impact a variety of geospatial technologies.

One can not predict the likely outcome of any of these matters. However, it is increasingly clear that collectively they will shape the future development of the geospatial industry.

Spatial Law and Policy Update

2011-09-25T20:11:00.000-04:00

The Spatial Law and Policy Update:

Raising Awareness of Where Geospatial Technology Is Taking the Law

Privacy

More Consumer Data Security and Privacy Legislation Introduced (Foley Hoag, LLC)

CDT Statement on FTC's Proposed COPPA Revisions (Center for Democracy & Technology)

Europe's War on Google Means more Privacy for Everyone? (Forbes)

Your cellphone may be telling on you (UPI.com)

One Little Foursquare Privacy Change Now Makes a Big Difference (ReadWriteWeb)

Foursquare Now Keeps Home Addresses Private (Mashable Business)

GM's Onstar: Should Drivers Worry About Privacy? (WSJ)

Google to offer opt-out for to Wi-Fi owners (USA Today)

FTC proposes new children's online privacy rules (Washington Post)

Data Quality

Times Atlas 'wrong' on Greenland? (BBC)

GPS

White House may have Pressured General to Change LightSquared Testimony, Reports Daily Beast (GPS World)

GOP lawmaker wants probe of White House support of LightSquared (The Hill)

Licensing

Internet Law-Internet Images and Copyrights: Be Aware (iBLS)

The Freemium Business Model at the Ordnance Survey (Directions Magazine)

National Security

India, Brazil and South Africa call for creation of "new global body" to control the Internet (igp)

Biannual Swedish Panic Sets In Regarding Google Earth (Ogle Earth)

Law Enforcement

FBI's 'Stingray' phone tracker raises constitutional issues (WSJ)

Smart Grid

Gridweek: Smart meters and geospatial technology help restore power faster (Between the Poles)

Crowdsourcing

Crowdsourcing Aerial Image Mapping (Spatial Sustain)

Combining Crowdsourced Satellite Imagery Analysis with Crisis Reporting: An Update on Syria (iRevolution)

Miscellaneous

The New Social Network: Who's Nearby, Not Who You Know (TechCrunch)

California Supreme Court to rule on Orange County/Sierra Club dispute (Directions Magazine)

Spatial Law and Policy Update (September 14, 2011)

2011-09-16T11:07:00.000-04:00

Raising Awareness of Where Geospatial Technology Is Taking the Law

Privacy

Facebook appoints director of privacy (AFP)

Symantec questions political will on data breach laws (iTWire)

Blumenthal Bill Bumps Up Big Fines for Data Thefts and Security Breaches (Information Law Group)

Cruel World Laughs at naked Floridian Woman Caught by Google Street View Cameras (Forbes)

Microsoft refutes Windows Phone Tracking Claim (Geospatial World)

GPS

Lightsquared vs. GPS (Spar Point Group)

Telecom and information chief plans new tests of LightSquared (The Hill)

GPS interference puts wireless startup in jeopardy with lawmakers, regulators (The Hill)

Letter from Japan GPS Council to FCC regarding LightSquared Application Request

Full committee hearing - Impacts of the LightSquared Network (Committee on Science, Space, and Technology)

Ordnance Survey and Mountaineers monitor GPS-4G debate (BBC News)

Law Enforcement

Judges Cite Orwell in Opinions on GPS Tracking of Suspects; Issue Goes to Supreme Court (ABA Journal)

Court Case Asks if "Big Brother" is Spelled GPS (The New York Times)

Data Quality

How to Verify Social Media Content: Some Tips and Tricks on Information Forensics (iRevolution)

Remote Sensing

Tracking Genocide by Remote Sensing (iRevolution)

Proliferating Surveillance Satellites (EARSC)

Drones

Scientists build WiFi hunter-killer drone and call it SkyNET...Viene Tormenta! (engadget)

Crowdsourcing

Liability of Citizen-Generated Information for Disaster Management (Geodata Policy)

Know Your Rights: Photographers (ACLU)

Miscellaneous

28% of American adults use mobile and social location-based services (Mapcite)

Lawsuits highlight smartphone ecosystem's prosperity (The Guardian)

Researchers Use Cell Phones to Track Disasters (Mobiledia)

What About the Jobs that Geospatial Tech Is Creating?

2011-09-09T09:12:00.001-04:00

Yesterday I watched the House of Representatives Science, Space and Technology Committee hearing on the Lightsquared/GPS issue. What I found most interesting was that many of the Representatives on the Committee framed the issue in terms of having to choose between balancing the jobs that the Lightsquared proposal might create with the public safety and scientific benefits associated with GPS. I did not hear any of them discuss the many jobs and economic benefits that GPS and associated applications have already created and are continuing to create in the U.S.

I believe that one of reasons that the economic benefits associated with GPS was not discussed was that many of the Representatives (and their staffers) see GPS as a stand-alone satellite-based system rather than as being integrated into the larger geospatial technology industry that was recently recognized by the Department of Labor as a high growth industry. A similar type of situation is developing with respect to proposed privacy legislation; many on Capitol Hill do not appreciate the unintended consequences that may arise within the geospatial community due to efforts to protect geolocation privacy.

As a result, it is becoming increasinlgy important for the geospatial technology community to think and act more broadly when dealing with these increasingly important policy issues. Otherwise, laws and policies may develop around a particular technology that has a negative impact on the entire geospatial ecosystem.

Spatial Law and Policy Update (September 7, 2011)

2011-09-07T11:29:00.000-04:00

Raising Awareness of Where Geospatial Technology is Taking the Law

Privacy

Cloud Industry Developing Privacy Standard for Mobile Apps (nextgov)

5 Unexpected Places You Can Be Tracked With Facial Recognition Technology (AlterNet)

Haiti study: Mass mobile phone tracking can be laudable (The A Register)

Kraft To Use Facial Recognition Technology To Give You Macaroni Recipes (Forbes)

Microsoft collects phone location data without permission(cnet)

Hidden CCTV cameras to be audited amid privacy concerns (Courier Mail)

5 Location-Tracking Rights You Should Demand (Information Week)

StopSmartMeters.Org

Data Quality

Old Data - New Data When To Collect Geospatial Data (Vector One)

Better Pipeline Data Governance  (Pipeline & Gas Journal)

How Hard is the Local Search Problem  (Data Mining: Text Mining, Visualization and Social Media)

"Closed" in error on Google Maps, Merchants Seek Fixes (New York Times)

Intellectual Property Rights

Not A Seed of Doubt: Substantial Extraction of Database (LexisNexis Communities)

Law Enforcement

Traffic cameras have new prey: criminals (USA Today)

Dehli to use RS tech to check encroachment (Geospatial World)

Miscellaneous

Courts Skeptical of Facebook Evidence  (Connecticut Law Tribune)

Spatial Law Resources Now Available On Centre's Website

2011-09-06T12:47:00.000-04:00

The Centre for Spatial Law and Policy website has been redesigned and is now a valuable resource for those interested in understanding the complex legal and policy issues associated with the collection, use and transfer of spatial data. The website now contains an on-line repository that currently provides over 200 links to cases, legislation, regulations, law review articles and research related to issues such as privacy, intellectual property rights, liability and national security.

The legal and policy landscape involving geospatial data is changing daily, due to rapid improvements in and applications for geospatial technology. Therefore, the website will remain a work in progress, with new links being added on a regular basis. Particular attention will be paid to adding links related to laws and cases outside of the United States. As a result, feel free to forward any links that you think are relevant and they will be added as appropriate.

The goal is for the repository to serve as a bridge between the works of noted academics in the field such as Harland Onsrud (University of Maine), Joanne Grabrynowicz (National Center for Remote Sensing, Air, and Space Law - University of Mississippi), Katleen Jansseen (Interdisciplinary Centre for Law and ICT- K.U. Leuven), George Cho (University of Canberra), Bastiaan van Loenen (Delft University of Technology), Anne Sullivan, (Queensland University of Technology) and Frazer Taylor (Carleton University) - and many others - and current laws, bills, cases and policy white papers. Such a bridge is becoming increasingly important for both legal practitioners and policymakers as these issues are international in scope and cut across both technology platforms and legal disciplines.

This repository was made possible by the initial members of the Centre: They include: Google, Digital Globe, DMTI Spatial, GeoEye, ESRI, Lockheed Martin, Pictometry, Rolta and PCI Geomatics. For more information about becoming a member of the Centre, see the Membership tab on the website.

Spatial Law and Policy Update

2011-08-31T13:27:00.014-04:00

Spatial Law and Policy Update (August 31, 2011)

Raising Awareness of Where Geospatial Technology is Taking the Law

Privacy
Why mobile apps need to have privacy policies (Venturebeat)

German State DPA Orders Businesses to Close Facebook Pages (Privacy and Information Security Law Blog)
Facial Recognition: A Top Privacy Issue of Our Time (California Progress Report)
Cars that Spy (Injuryboard)
White House Pledges New Net Privacy Approach (cNet)

Data Quality
How to Lie With Maps (iRevolution)
Storm surge data - is bad data worse than no data? (Letters from the SAL)

Liability
Open Content Licensing of PSI and The Risk of Tortious Liability for Australian Governments

GPS
IT think tank sides with Lightsquared on GPS Spectrum Issues (NSGIC News)
The Bumpy Legal History of GPS Devices (The New York Law Journal)
Do You Depend Upon GPS To Make Money? (American Survey)

Crowdsourcing

15 Years Recording a Talk with Cops? (ABA Journal)
Sensors and Systems for EU Environment Agency

On Ghengis Khan, Boreo and Galaxies: Using Crowdsourcing To Analyze Satellite Imagery (iRevolution)

Drones
Weird, Birdlike Mystery Drone Crashes in Pakistan (Wired)

The Spatial Law and Policy Update (August 23, 2011)

2011-08-23T11:25:00.006-04:00

Centre for Spatial Law and Policy

Spatial Law and Policy Update

Raising Awareness of Where Geospatial Technology is Taking the Law

Privacy

Don't like websites tracking you? The courts don't seem to care (Gigaom)

ILITA authorized Google to operate Street View in Israel (Ministry of Justice)

In Belgium, Google Ponders a Fine Over Street View (paidContent.org)

FTC settles first privacy case involving a mobile application (K&L Gates)

Apple, Google in violation of law (Inside Korea)

Facebook 'like' button declared illegal in Germany (The Local)

Data Quality

Digital Street Data (GIM International)

Where did all the talk about spatial data quality go? (Vector One)

Why Crisis Maps Can Be Risky When There Is Political Unrest (Technology Review)

The Crowdsourcing Detective: Crisis, Deception and Intrigue (iRevolution)

Law Enforcement/National Security

Courts grapple with use of GPS technology in criminal cases (The Olympian)

The Government's Brief in United States v. Jones (Volokh Conspiracy)

Cisco sued by Chinese political prisoners for helping to monitor citizens (TNW)

A new app in Russia shows road accidents from the past in augmented reality (TNW)

GPS

Bangladesh mandates use of GPS in vehicles (ASM)

Crowdsourcing

Amateur cartographers taken for criminals (Wired UK)

Miscellaneous

Moble users eager to offer location in exchange for better service (Techchrunch)

Spatial Law and Policy Update (August 15, 2011)

2011-08-15T19:26:00.006-04:00

Privacy
Privacy pirates: Self-regulation is a sinking ship (IT World)

Facial recognition App enables next-level web-stalking (Good Technology)

Data Quality
London Riots Facial Recognition Vigilantes Abandon Their Project (Forbes)

23% of UK motorists admit racing to beat satnav ETA (GPSbusinessnews)

Inaccurate geospatial data delays law enforcement (Geospatial World)

Intellectual Property Rights
Ministers Tell Agencies to Open Up Databases (stuff.co.nz)

Law Enforcement/National Security
Rioters' mobile phones could help police investigation (BBC)

BART pulls a Mubarak in San Francisco (EFF)

Summary of Electronic Communication Privacy Act (CDT)

License plate software stirs privacy debate (delawareonline)

GPS
Lightsquared update (NSGIC News)

Intelligent Transportation System
Ford investigates creating a mobile data network using the cars themselves (TMCnet)

Miscellaneous
Let's talk about location

Geolocation and Privacy: Are We Going the Right Way?

2011-08-02T16:59:00.014-04:00

The concept of geolocation privacy is now receiving a good deal of attention in the United States. For example, nine bills are being considered on Capitol Hill that would would regulate the collection, use and/or transfer of geolocation information. Many of the bills include geolocation as part of larger privacy bills and treat an individual's geolocation information the same as an individual's social security number or financial records. Some in the geospatial community believe that this legislation would only impact those involved in wireless communication or in providing location-based services. However, many of bills are so broadly written that if they were to become law they could apply to a broad range of geospatial products and services, including satellite and aerial imagery, GIS and GPS. Under some bills, companies would be required to provide notice to and obtain consent from individuals before collecting, using or transferring 'precise geolocation information'. Unfortunately, the task of defining the term 'precise geolocation information' is left to the Federal Trade Commission and/or the courts. (It is noteworthy that a California court recently held that an individual’s zip code was ‘personally identifiable information’ and therefore protected under a California law meant to protect consumer privacy.)

While protecting geolocation privacy is certainly an important issue, any legislation should take into account some important aspects of geolocation information that makes it different than other types of ‘sensitive information’ that is generally protected for privacy reasons. These aspects include:

- Defining ‘geolocation information’ is much more difficult than defining such terms as ‘social security number’ or ‘medical records’. For example, is our privacy violated if an individual's location is disclosed to within a few feet, or a certain region (such as a zip code) or to within a city or county? Moreover, should historical location information be considered less sensitive than real-time data for privacy purposes?

- An individual's geolocation is collected, stored electronically and transmitted many times a day through a variety of devices such as toll smart tags, CCTV cameras, office building key cards and red light cameras. Debit and credit card transactions also disclose an individual's geolocation. As a result, legislation could impact a number of companies that would not know they were in the 'precise geolocation information' business.

- The U.S. Supreme Court has held on a number of occasions that an individual does not have a ‘reasonable expectation of privacy’ while in a public place. These decisions have primarily been related to Fourth Amendment ‘search and seizure’ cases; however they are generally accepted in a variety of other contexts. Congressional efforts to protect an individual’s ‘precise geolocation information’ - even when out in public - as sensitive could have a profound impact on this analysis. For example, criminal defense lawyers might argue (and judges might agree) that Congress has helped to create a reasonable expectation of privacy in a public place such that following a suspect now requires a warrant.

- Businesses have been collecting geolocation information on individuals, such as addresses or zip codes, for years as part of normal business practices. Moreover, this data is likely being stored on a number of different servers throughout an enterprise. Trying to conform current and future business practices to a new reality of protecting geolocation information would raise a number of challenges. Some proposed legislation would permit a consumer to challenge the accuracy of ‘precise geolocation information’ a business has collected on him or her. This would allow someone, for example, to deny that he or she had been at a bar the night before and ask the business to immediately delete any information to the contrary.

- Unlike many other types of information considered sensitive for purposes of privacy, geolocation data can and will be used to provide a broad range of critical services. These services go well beyond ‘check-ins’ and coupons for free coffee while walking past a Starbucks. For example, geolocation information will be used emergency responders in disaster relief and by the medical community to predict patterns of infectious diseases. Scientists are already using the information to monitor climate change and in the future it will be used to better allocate scarce resources such as water and food. Geolocation information will also prove critical in such efforts as the smart grid and intelligent transportation systems. It is important to understand the potential impact any proposed legislation could have on these services as part of any discussion on the issue.

- Geospatial technology is contributing to economic growth. A recent US News and World Report article describes it as a ‘core tool’ and it is cited by the Department of Labor as a ‘high growth’ industry. Geolocation information is already the key component behind a number of mobile applications. Given the expected growth of smartphones and mobile tablets, the geospatial ecosystem required to support corresponding growth in mobile applications will create numerous jobs and increase tax revenues. Premature regulation of geospatial technology without a better understanding of the true impact these regulations might have could limit these growth opportunities.

Admittedly, there are certain threats associated with an individual’s geolocation information that need to be addressed. For example, the risk that someone could use the technology to stalk another person is an important concern. There are also risks associated with hackers collecting and exploiting a customer’s geolocation information in connection with identity theft. In addition, there should be restrictions on a governments' use of the technology to monitor its citizens’ movements. However, lawmakers should consider other ways to protect against these risks without trying to force geolocation information into an existing legal and policy privacy framework. For example, updating the criminal code to specifically address geolocation stalking and requiring companies to take reasonable steps to secure customer geolocation information.

Media reports frequently cite the ‘big brother’ nature of geolocation technology. However, such reports often fail to mention that the technology and the related applications not only make life easier and more enjoyable, but are also empowering. (Most would agree that not knowing one’s location and/or the surrounding environment increases the chances of economic or physical harm.) The challenge for lawmakers and regulators around the world will be to develop a legal and policy framework that recognizes this potential, while protecting against legitimate threats to our privacy.

California Bill Would Regulate 'Precise Geolocation Information'

2011-05-05T20:54:00.002-04:00

A bill currently working its way through the California legislature could result in the regulation of the collection, use or transfer of 'precise geolocation information' by companies that are doing business in California.

SB-761 is similar to proposed legislation currently before Congress in that it gives California attorney general the authority to develop regulations that would require strict notice provisions and opt-out consent with regards to 'covered information'. The wording in the bill is somewhat convoluted, but it appears that covered information would include an 'individual's . . . precise geolocation information and any information about the invidual's activities and relationships associated with geolocation'. Sec. 3(A)(i). The term 'precise geolocation information' is not further defined. According to this article, the California State Senate Judiciary Committee voted to move the bill to the Appropriations Committee.

It is not uncommon for privacy advocates to push for states to implement laws and policies if they do not believe that things are moving quickly enough on a national level. It has also been an effective tool to get Congress to move more quickly on matters. California is often a favorable state to try to initiate such activities.

You will remember that a judge in California recently held that a zip code was 'personally identifiable information'. So one wonders how broadly 'precise geolocation information' might be defined by state authorities. Moreover, 50 different definitions of 'precise geolocation information' and associated privacy regimes would be a difficult environment for geospatial companies to operate in.

More Work To Be Done

2011-04-02T09:23:00.007-04:00

I recently attended two conferences related to location technology. The first, “Mobile Devices, Location Technologies and Shifting Values was hosted by the Center on Law and Information Policy on March 25, 2011 at the Fordham Law School and focused on the legal and policy issues associated with location and mobile devices. The second, “Enterprise Strategies for Location Intelligence”, hosted by the wherebusiness.com on March 30-31, addressed the challenges businesses will face in trying to integrate location information into their enterprises.

Both of the events were well run and I learned a good deal. However, I was also struck by the disconnect between the issues the legal community seem to be focused on and the issues facing the business and technology community with respect to location technology.

Privacy. Not surprisingly, location privacy was a major issue at the ‘Mobile Devices’ symposium. There were two panels focused entirely on privacy issues – one from a consumer/business standpoint, the other from a government use of location standpoint. Several well known privacy experts, such as Jules Polenetsky, Co-Chair and Director, Future of Privacy Forum, Lorrie Cranor, Associate Professor of Computer Science, Carnegie Mellon University, Orin Kerr, Professor of Law at George Washington University and Susan Freiwald, Professor of Law, University of San Francisco Law gave excellent talks. Maneesha Mithal, Director of the Division of Privacy and Identity Presentation, from the Federal Trade Commission gave an informative presentation on the FTC’s position and I really enjoyed Shane O’Neill’s (CTO, Fandango, Inc.) approach to technology and privacy.

Privacy was also an important issue at the ‘Enterprise Strategies’ conference. However, while the starting point for the discussion at the ‘Mobile Devices’ symposium appears to have been that location privacy (not defined) was sensitive information to be protected, the attendees at the ‘Enterprise Strategies’ conference were struggling with the more fundamental question of which of the many types of location and other spatial information being collected should be considered sensitive – and subject to regulation. For example, one participant asked whether unsolicited text messages to your mobile device based upon your location should be treated differently than unsolicited advertisements and coupons a person receives in their mail at home based upon where they live? The implication was that perhaps there needs to be a baseline discussion of what privacy is from location standpoint and whether expectations should change based upon new technology before attempting to develop legislation and regulation.

Big Data. The rapid growth in both the availability and importance of data (‘Big Data’) was a major discussion point at the ‘Enterprise Strategies’ conference. Almost every speaker talked about the struggle to deal with the vast quantities of data that exists now, and how this challenge will only grow due to the rapid deployment of all types of sensors and mobile devices. (One slide referenced a study that found that 90% of the data that has ever been collected was generated in the last two years!) From a legal standpoint, Big Data raises a number of complex and challenging issues, including protecting intellectual property rights in spatial data and data products as well as the complexities of spatial data licenses.

There was a panel on intellectual property rights at the ‘Mobile Devices’ symposium, however, it did not deal at all with issues associated with spatial data. Instead, it focused primarily on software issues and the challenges associated with licensing media (video, music, books). While these issues are certainly important in a mobile context, and provide a number of unique legal and policy challenges, I believe the issues associated with spatial data are just as important. Moreover, ultimately they may prove to even more challenging, particularly since the law is more ambiguous with respect to many types of spatial data and related products (e.g. copyright).

Data Quality. Another important topic at the ‘Enterprise Strategies’ conference was the growing importance for non-geospatial professionals to be able to collect and use spatial data. There are two primary factors driving this requirement. First, there are simply too few trained geospatial professionals to deal with the volume of spatial data that is being collected now and will be collected in the future. Moreover, if spatial data is not easy to find and use, non-geospatial professionals will have neither the time nor the inclination to fully and properly integrate the data into business intelligence and business operations. It is understandable why pushing the collection and use of spatial data to non-geospatial professionals is important from a business standpoint. However, it also raises a concern as to data quality/data use issues. For example, who will decide if these new collectors and users of spatial data have the requisite skills and experience? What is the potential liability to a corporation if the data is improperly collected and/or used? What measures can a company take to mitigate its risk? These issues will become even more important in a future world of ‘Big Data’!

Unfortunately, issues of data quality and potential liability were not a major topic at the “Mobile Devices’ symposium. There were no panels focused on the issue nor were there any speakers with an expertise on these matters. Perhaps this is not surprising given the focus of the symposium appeared to be more on consumer devices and applications. However, the legal community will need to do more to help businesses understand the risks associated with this new environment.

Location is More Than Social Media. I noted with some amusement that many times at the ‘Mobile Devices’ symposium a discussion initially focused on location became caught up in a larger discussion of the pros and cons of social media in general. Soon the issues being discussed had very little to do with location or even mobile devices.

While location is increasingly becoming a key component of social media, it was clear from the ‘Enterprise Strategies’ conference that the legal issues associated with spatial data are much broader and in many ways more challenging and complex. Location and other types of spatial data will become critical components of the smart grid and intelligent transportation systems. Speakers showed how it is already extensively used in such business sectors as agriculture and finance. The legal community still has work to do to helping businesses in these industries deal with the legal issues that will inevitably arise.

Centre for Spatial Law and Policy interviewed in Geospatial Revolution Episode Three

2011-03-21T23:35:00.004-04:00

Geolocation Check-ins: A Teenager's Perspective (Part II)

2011-03-06T18:20:00.003-05:00

This is my 17 year old son's second installment regarding privacy concerns associated with teenagers using location-based services and social media. (You can find the first installment here.) For this installment I asked him to review the privacy policies of Foursquare, SCVNGR, Facebook Places and Google Latitude. I then asked him to (i) comment on whether he understood the policies, (ii)compare the policies and (iii) describe any privacy concerns he may have after reviewing the policies. His post follows:

The Privacy Policies of the four different location applications, Foursquare, SCVNGR, Facebook Places, and Google Latitude all have pretty much the same policies except for a few minor details. For example, with Foursquare your information is only used with your permission. They list in their policy what information they will be sharing with others and what of your information is kept secure. You give them certain information based on your check-ins and the messages and tips that you put out there. Your information isn’t legally allowed to be given out to other companies and agencies. Because you have a password protected account, your information cannot be shared unless you give them permission to give it out. The other two, Latitude and Facebook Places, both have policies very similar to these, and as far as I could tell from reading them, they have no significant differences that would change the amount of information that is being shared.

SCVNGR has a very similar policy except for the fact that for some features you have to pay, which means that they record your credit card number and other related information. They also cannot release your information to other companies because it is illegal, according to the policy outlined by the companies.

In my opinion, these policies are pretty clear about what they do and how your privacy is protected when you release your information to them. The wording is pretty easy to understand, and they seem to highlight all the important information that someone who wants to understand how their privacy is being protected would need to know. The policy for Facebook Places is the easiest to understand because it shows you through pictures what you need to do and where you need to go to monitor what information is released. The rest of the policies clearly outline what you need to do to make your privacy even more secure, but none are as clear as Facebook Places.

I think that these companies have made pretty good policies regarding what of your information they release to other companies. It does not seem like, unless you are very concerned with even the smallest bit of your information being released, there is much to worry about when you use these applications. When you use these applications, you willingly tell people where you are, where you are going, who you are with, and what you are doing. Just by deciding to use these applications, you are allowing your information to be shared because you are putting it out there yourself. According to the policies, they don’t give out information that could lead to anything that could be harmful to you or endanger you, so there really is nothing to worry about in my opinion.

Government's Use of Tracking Technology: More Than A Constitutional Issue?

2011-03-04T06:49:00.015-05:00

I have written in the past about a series of recent court cases in the United States involving the Fourth Amendment and a reasonable expectation of privacy from a location standpoint. The cases have either involved (i) law enforcements' use of GPS tracking devices to follow potential suspects for long periods of time (see e.g. this article from the Berkley Technology Law Journal) or (ii) efforts by law enforcement to obtain location data of mobile phones from telecommunications carriers (see e.g. this decision) -without a warrant.

From a legal standpoint these cases raise some very difficult and important issues regarding both the Fourth Amendment and the clearly outdated Electronic Communications Privacy Act (ECPA). I will not go into the details of either here, other than to say that courts are split in both types of cases as to whether a warrant is required before location data is collected or obtained.

However, as equal importance as the legal analysis is that the public position of the Obama administration - through the Department of Justice - in each federal case appears to have been that a warrant is not required. Their argument is that an individual does not have a reasonable expectation of privacy while in public places. (I believe without further research that this policy is consistent with all other administrations that have faced this issue.) Now, while this position is justifiable from a legal standpoint given U.S. case law, I have been increasingly concerned about the potential foreign policy and national security implications of such a position. Specifically, I wonder whether in the future the United States will be in a position to condemn what will undoubtedly be increased use of such tracking technology by authoritative regimes to suppress democratic movements - such as those we have seen recently in the Middle East.

Enhancements in sensor and software are making it relatively easy for governments to track dissidents in near real time. It also is increasingly possible to identify their likely friends, families and associates through their respective public movements. In addition, governments will be able to see as individuals begin to meet in central locations and take preventative steps before the crowd gets too big and difficult to control.

Undoubtedly, some of this technology is being already being used on a smaller scale, both in the United States and in countries around the world. However, China recently announced an official effort to begin using location information from mobile phones to track citizens' movements on a broad scale. The stated reason for the policy reportedly is to help with traffic problems. As many publications have already reported (see e.g. NYT article , Mobiledia report and Frontline) however, the potential for use (or misuse) is much broader.

The problem, as I see it, is that as the technology is used openly by Chinese authorities - and others - to monitor and quell dissent, it will be very difficult for the the United States to challenge such use privately or in the court of public opinion. After all, it has gone on record as saying that individuals do not have a reasonable expectation of privacy when in public under the U.S. Constitution. What right will it have to challenge another government taking basically the same position?

I certainly understand and appreciate the need for law enforcement (and homeland security) to use all the tools at their disposal to execute their mission. As I stated above, I also understand the legal position taken by the Justice Department attorneys in these cases. In addition, as this article points out, there are a number of other important reasons why government authorities want to obtain an individual's location as quickly and accurately as possible without having to obtain a warrant.

However, I hope that those within U.S. government responsible for foreign policy are looking at the bigger picture when it comes to tracking technology, much as they have done with respect to the role of the Internet to foster democratic values. I also hope that the Central Intelligence Agency and Department of Defense are assessing the potential impact the technology will have on collection efforts and covert operations. In developing U.S. policy regarding the use of tracking technology, it is important to consider that as effective as it is for protecting U.S. citizens at home, it may even be used more effectively to harm US interest by foreign governments not limited by our system's check and balances.

Spatial Law and Policy Update (March 1, 2011)

2011-03-02T16:02:00.002-05:00

Spatial Law and Policy Update (March 1, 2011) from the Centre for Spatial Law and Policy

Privacy
Boston Red Sox Scouting Tactics 'creeped out" Carl Crawford (Red Sox blog)
Google in Swiss Court Showdown Over Street View (Washington Examiner)
Google: Blurring Street View Too Expensive (WSJ)
Anaheim school district hands out GPS devices to chronically absent students (engadget.com)
A Privacy Matter of Life and Death (National Post)
Privacy By Design (Jeff Jonas' blog)

Data Quality/Liability
Paper Chase: Suit Blames Facebook for Election Loss (detnews.com)

National Security
Map Makers in Mumbai attacks acquitted (The Times of India via Directions Magazine)

Smart Grid
Smart Meter Data: Why New Privacy Regulations Are Not Needed (emeter)

UAVs
US Senators want to almost triple drone test sites (networkworld.com)

Will A Zip Code Become 'Precise Geolocation Information'?

2011-02-20T21:06:00.007-05:00

For a while now, I have been expressing my concerns over increased efforts to regulate 'precise geolocation information'. There are at least two bills before Congress that attempt to regulate the collection, use and transfer of 'precise geolocation information', not further defined. (Rep Rush's "Best Practices" Act and Rep Speier's "Do Not Track Me Online" Act.) Both bills state that precise geolocation information and "any information about the individual's activities and relationships associated with such geolocation" is sensitive information about an individual, and thus subject to enhanced protection. Other types of sensitive information include financial records and accounts, sexual orientation, religious beliefs, race and medical records.

In addition, the Federal Trade Commission issued a report in December that stated that 'precise geolocation information' was sensitive information, presumably subject to greater protection. Again, the phrase was not further defined. In fact, the term 'precise geolocation information' is quickly becoming a term of art within the burgeoning privacy community.

But, what does the term 'precise geolocation information' actually mean? Is one meter precision a greater threat to personal privacy than two meters? Moreover, depending upon the data type, there are various ways in which precision can be measured. - some of which have little to do with personal privacy. Alternatively, is the term precise intended to capture a 'temporal-spatial' component or simply a spatial one?

Just as important, who ultimately decides how the term applies in a consumer privacy context. The Federal Trade Commission (or perhaps the Department of Commerce) would likely include a definition in regulations they promulgate, if consumer privacy legislation is passed as currently drafted. However, invariably judges will be asked to interpret these regulations - and as a recent California court case shows, their decisions may be unsettling.

In Pineda v. Williams-Sonoma Stores, Inc., the court found that found that a person's zip code was "personal identification information" under California law. ('Personal identification information' and 'personally identifiable information' are also terms of art within the privacy community.) Personal identification information is defined in the relevant California statute as "information concerning [the individual] . . . including but not limited to, [the individual's] address and telephone number. The court found that (i) since an address included a zip code and (ii) a zip code can be useful in finding an individual's actual address, that a zip code was personal identification information subject to the applicable law.

This decision comes as a surprise to a number of retailers in California and will require them to change a number of long-standing business practices. (In an earlier decision a lower court had ruled that a zip code was not personal identification information). I am confident that over time lawyers in California also will try to extend this broadened definition of personal identification information to other areas of personal privacy - further impacting business operations.

A similar broad interpretation of 'precise geolocation information' could have a devastating impact on certain segments of the geospatial community. For example, the Rush and Speier bills both require a consumer's consent before collecting 'precise geolocation information'. Clearly, it would be impossible for an aerial or commercial satellite company to obtain such consent. However, one can imagine a court broadly interpreting precise geolocation information of an individual to include a high resolution image of an individual - or their children - in their yard by their house.

Moreover, using the logic of the Pineda decision, there is a very real possibility that a court could decide based upon the current wording of the Rush and Speier bills, that a zip code, or other broad geographic designation or description, is precise geolocation information subject to enhanced collection, notice and use requirements. This would have serious repercussions for a broad range of companies that collect, use or process spatial data.

It is unclear whether how much support there is on Capitol Hill at this time for consumer internet privacy legislation. However, it is fair to assume that the support for such legislation will likely increase, particularly given the increased attention by all segments of the media on this issue. Therefore, it is important for geospatial companies to keep track of these initiatives as they move forward to understand the potential impact on their current or future business operations.

Centre for Spatial Law and Policy Comments to FTC on Privacy and 'Precise Geolocation Information'

2011-02-12T15:10:00.003-05:00

Below is the text of the letter that the Centre for Spatial Law and Policy sent to the Federal Trade Commission regarding its report, "Protecting Consumer Privacy In An Era of Rapid Change".

February 8, 2011

The Honorable Jonathan D. “Jon” Leibowitz, Chairman
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, D.C. 20580

RE: Public Comments on December 1, 2010 Preliminary FTC Staff Privacy Report

Dear Chairman. Leibowitz:
The mission of the Centre for Spatial Law and Policy (http://www.spatiallaw.com/) is to improve the understanding of the unique legal and policy issues associated with the collection, use and distribution of location and other types of spatial data. Such an understanding is a necessary component in the development of a consistent and transparent legal and policy framework that will allow for the successful growth of the emerging U.S. spatial technology industry while still protecting important and legitimate privacy and societal interests.

Our comments below are therefore focused exclusively on this aspect of the recent Federal Trade Commission (FTC) report, Protecting Consumer Privacy in an Era of Rapid Change (the “Report”). The Report provides on page 61 that:

“[t]he Commission staff has supported affirmative express consent where companies collect sensitive information for online behavioral advertising and continues to believe that certain types of sensitive information warrant special protection, such as information about children, financial and medical information, and precise geolocation data [emphasis added].. Thus, before any of this data is collected, used, or shared, staff believes that companies should seek affirmative express consent. Staff requests input on the scope of sensitive information and users and the most effective means of achieving affirmative consent in these contexts”.

We appreciate this opportunity to comment on the Report. Clearly, location information is becoming an increasingly important component of our daily lives, as location-aware smart phones and other devices are collecting enormous amounts of data. The level of available detail--and potential privacy risks--will only increase with time, compounding existing concerns about privacy.

However, it is important to recognize the growth and increased importance of the geospatial industry in the U.S. In fact, the Department of Labor identified geospatial technology as one of the top three growth industries in the 21st century. In addition, there are as many different types of geolocation data as there are ways to collect and use the data. The Department of Interior, when announcing the formation of the National Geospatial Advisory Committee, a Federal Advisory Committee formed in 2007 to advise the Secretary of Commerce on geospatial matters, refers to geospatial information as “information integrated from multiple forms of data about precise locations on the Earth’s surface.” [emphasis added.] Similarly, a recent Congressional Research Service report, entitled “Geospatial Information and Geographic Information Systems”, describes the many different types of geospatial information and the ways the information can be acquired and utilized.

As a result, the Centre and its members do not agree with a general assertion that location information should be treated the same as medical records or financial records.

We acknowledge that the FTC conducted a series of meetings on internet privacy prior to the report. However, we do not believe that enough attention was paid to location, particularly the issues described below. This is due in part to the rapid changes in the adoption of geospatial technology over the past eighteen month. It also because the language currently being proposed with regards to location could impact businesses that would not have considered themselves stakeholders at the time of the meetings. As a result, we request that the FTC conduct further discussions with the geospatial industry – broadly defined - before any government mandates are imposed regarding location data. Without such a discussion, overly broad or poorly defined legislation and/or regulation could stymie the numerous important governmental, economic and societal applications currently being developed based upon location.

1. Location information is often public. Unlike the other types of sensitive information described in the report, a person discloses his or her location to strangers every time he or she goes out into the public. Therefore it is unreasonable to expect that with regards to collection, this information should receive, as some have proposed, greater protection than an individual’s credit card number or driver’s license number and the same protection as medical history or sexual orientation. The Supreme Court in a number of cases related to Fourth Amendment privacy issues has found that citizens do not have a reasonable expectation of privacy while in public places. Any proposal to regulate location information must be mindful of the potential impact such regulations might have on other such important policy considerations.

2. Location information is vital. Unlike the other types of “sensitive information”, location data is being used to provide a number of critical governmental, societal and business services that are empowering citizens in ways that were unimaginable just a decade ago. The number and value of these services are increasing on an almost daily basis. We believe that attempting to regulate the collection of location data could have a number of unintended consequences, including limiting the number of such services, both now and in the future. We recommend that such opportunity costs be fully explored and understood before regulations are imposed.

3. Consistency is critical. As the Commission knows, a number of privacy-related initiatives are currently underway in Washington that attempt to address potential privacy issues associated with geolocation data. These include the Commission’s Report, the Department of Commerce’s Green Paper, and various Congressional legislative efforts. Each cites “precise geolocation information” as sensitive data warranting greater protection.

4. Some concerns should be addressed elsewhere. Certain concerns about protecting consumer’s location privacy, such as those associated with the use of location technology for so-called “cyberstalking”, can and should be better addressed in other ways, for example, through criminal penalties. As recent court decisions involving the Electronic Communications Privacy Act (ECPA) have shown, trying to fit location information into the same privacy construct as other types of information is extremely complicated, and still might not achieve the desired results.

We believe that before any regulations are proposed, the term “precise geolocation information” must not only be generally understood, but also carefully and consistently defined. Otherwise there is a great of risk of confusion and uncertainty, which would not benefit any stakeholder

We look forward to working with you as these discussions move forward. To that end, we would like to request a meeting with your professional staff who handles this issue. I may be reached at 804.928.5870 or Kevin@spatiallaw.com. I look forward to continuing our discussion and thank you for your time and attention.

Sincerely yours,

/s/ Kevin D. Pomfret

Kevin D. Pomfret
Executive Director

Geolocation Check-Ins:A Teenager's Perspective

2011-02-08T22:48:00.005-05:00

Many people have expressed concerns over consumer privacy associated with location-based social networking services such as Foursquare, Facebook Places and Latitude. Such concerns are increased with respect to teenagers' use of these services. In order to understand both a teenager's use of such services and the potential privacy implications associated with such use, I have asked my 17 year-old son to begin using some of these services and to periodically update his experiences on this blog. The following is his first installment:

After exploring the many different location based applications such as SCVNGR, Foursquare, Facebook Places, and Latitude, my initial reaction is that these applications are probably not for a teenager like me. They have a lot of different, useful features, but they do not relate, and are not useful, to me. This is mostly because my friends and I rarely go to different restaurants and places, except for fast food and one local sports bar. These applications seem to me to be designed for adults that go to a bunch of different places and try all kinds of new things. For a teenager like me, I am not sure that these apps these apps have any use. For us, it is usually easier to just text or call a friend to let them know where we are going, or invite them to come hang out with us. Also, as I do not believe these services are popular with people my age, if you were to put where you were at or where you were going on one of these apps, it is pretty unlikely that someone you were friends with would see, and even more unlikely that someone you wanted to see where you were would see it.

SCVNGR seems to be the most interesting of all of them because you can play a game, and earn rewards towards getting yourself a discounted meal or towards some other type of reward for the place that you did the “challenges” at. The only problem that I see that could stop this app from being successful is that the place you are going has to have put the place on the app or else that app becomes useless to the person at the place. I do see how these apps could become popular in the future as more people spread the word about them and they become more popular. With a lot of people using them, they could become a very effective tool for people to communicate where they are and what they are doing. You would be able to see where your friends are, see what they are doing, know what places are fun, which ones are good to eat at, or which ones aren’t good at all.

Overall, these apps seem cool to use for people who actually go places, but for a teenager like me, these apps I am not sure they will provide any value.

Spatial Law and Policy Update (December 28, 2010)

2010-12-28T07:26:00.004-05:00

Spatial Law and Policy Update provided by the Centre for Spatial Law and Policy

Privacy
Mobile Marketing Association to update code of conduct (MoBlog)
How one app sees location without asking (WSJ)
Woman sues Google for showing image of underwear (The Telegraph)
Federal Privacy Office recommended (New York Times)
Google stops latitude-location alerts (Techcrunch)
Insurance Company Tracks Driver Responsibility (Mashable)

Law Enforcement
Homeless probationer not charged for failing to recharge GPS device (Boston.com)
Warrant required for access to email records (Cnet)
PA court ruling favors GPS tracking evidence (Daily Local News)
Police who disable GPS device deserve discipline or firing (tampabay.com)
Appeals Court: Feds needs warrants for email (cnet)

Intellectual Property
Request for school redistricting data rejected (The Dagger)
TomTom sues over map data sub-licensing (gpsbusinessnews)

Intelligent Transportation System
Virtual driving just got more real (WSJ)
DOT may ban cell phone use for bus and truck drivers (The Hill)

Patents
WHERE gets geofencing patent (Directions Magazine)

Spatial Law and Policy Update (December 8, 2010)

2010-12-09T19:27:00.002-05:00

Spatial Law and Policy Update provided by the Centre for Spatial Law and Policy

Privacy
Lawsuit targets online data collection technique
Legislators Ponder How To Protect Intenet Privacy
Markey to introduce online privacy bill for children
Boring's lawsuit concluded
Germany unveils plan to tighten internet privacy
Tracking companies to let consumers see the data collected on them

Data Quality
Does Crowdsouring Have a Role in Surveying?
Man Follows GPS device, gets arrested
Got Maps?

SmartGrid
Police in Canada allowed to solicit help from electricity company in co-op case

Intelligent Transportation System
DoT to explore cellphone disabling equipment in cars
Insurers to offer more pay-as-you-go offerings
Social media tackles traffic
Driver cams; safety tools or on the road to privacy loss?
Kenya to require GPS on all autos

Intellectual Property
Microsoft's terms of use for Bing imagery by OpenStreetMap
Making copyright work better online

National Security/Law Enforcement
The President's Daily Map
Thieves Use Google Earth to Target Churches
Ohio Supreme Court upholds warrantless GPS tracking
DC Court of Appeals strikes down warrantless GPS tracking by police

International
Google lauches 'Earth Engine'
Star of David on Top of Building Rankles Iran
Visa Europe to Mobile Phones' location to prevent fraud

Spatial Law and Policy Update (December 2, 2010)

2010-12-02T07:49:00.003-05:00

Made possible by the Centre for Spatial Law and Policy

Privacy
Trust aims to safeguard mobile privacy
Canadian court to consider whether police officer has expectation of privacy in photo
House hearing on "Do Not Track" legislation on Dec 2
Geographical information as personal information (registration required)

Data Quality/Liability Issues
New Brunswick passes driver distraction legislation
USGS changing the way it does maps
What Steve Coast's move to Bing Really Means

Intellectual Property
Bing Maps donating aerial imagery to OpenStreetMaps
Victorian spatial council releases online map guidelines
GPS Business News confusing ownership with rights under license agreement

National Security/Law Enforcement
Saudi King suggests planting chips on detainees
Illinois EPA ups monitoring of large livestock farms

Crowd-sourcing
Next generation 911 system will accept text messaging and photos

Intelligent Transportation System
Real time traffic and GNSS

International
Google Maps faces July 2011 deadline to register in China

Miscellaneous
The Internent of Things

Spatial Law and Policy Update (November 22, 2011)

2010-11-23T07:04:00.004-05:00

Made possible by the Centre for Spatial Law and Policy

Privacy
Insurers test data profiles to identify risky customers
LBS - time for a privacy check-in
More universities are using hand-held devices to monitor and engage students
GPS Tracking Makes Stalking Easier

Data Quality
Tom Tom to permit users to edit map data

Intellectual Property
Workshop in IP and geospatial data
Senate panel approves online infringement and counterfeits act
San Francisco passes first open data law
The problem with data marketplaces

National Security/Law Enforcement
FBI seeks broader web wiretap law
Nicaraguan/Costa Rica dispute (cont'd)
Cybersecurity bill gives DHS power to fine tech companies
China ramping up use of drones

Smart Grid
Bill would give DHS authority over private sector networks

Miscellaneous
Man loses weight after unflattering image on Google Streetview
Developer arrested for stealing LBS software

Spatial Law and Policy 2011 Conference (January 12, 2011)

2010-11-22T15:12:00.010-05:00

Tentative Agenda

Tysons Corner, Virginia

8:00-9:00 Registration and Coffee

9:00 – 9:30 Introduction

9:30– 10:30 Session 1: Intellectual Property
Kevin D. Pomfret, Executive Director, Centre for Spatial Law and Policy
Discussion of recent developments and relevant case law
in Intellectual Property related to collection, use and distribution of spatial data. Topics addressed will include (i) complexity of combining data sets with differing licensing terms; (ii) copyright issues associated with databases and maps; (iii) copyright and the Freedom of Information Act, and (iv) the movement towards “full and open” spatial data.

10:30-10:45 Break

10:45-11:45 Session 1 (continued): Intellectual Property
Melanie Holloway, Leading-Edge Law Group

Discussion of potential issues associated with growing availability of
“full and open data”.

12:00-1:1:15 Lunch
Anne Hale Miglarese, Booz Allen Hamilton

Key legal and policy considerations for the National Geospatial Advisory

Council

1:30 – 2:30 Session 2: Privacy
Kevin Pomfret, Executive Director
Discussion of relevant case law and recent developments related to location privacy, including: (i) proposed legislation and regulation in the U.S., (ii) Fourth Amendment issues associated with location privacy; and (iii) privacy issues associated with “crowd-sourcing”, the SmartGrid and Intelligent Transportation System (ITS).

2:30-3:30 Session 3 Use of Spatial Data in the Courtroom

Rick Crowsey, Crowsey Incorporated (invited)

Discussion of the issues associated with the growing use of spatial data in litigation and other legal disputes.

3:30 – 345 Break

3:45 – 4:45 Session 3: Data Quality/Liability Issues
Kevin Pomfret, Executive Director
Kevin Pomfret, Executive DirectorDiscussion of relevant case law and recent developments concerning potential liability claims, including: (i) tort claims; (ii) product liability and (iii) future issues associated with use of spatial technology for commercial purposes.

4:45 – 5:45 Session 3 (cont’d): Data Quality/Liability Issues
Michael Phelan, Law Offices of Michael G. Phelan, P.C.
Discussion of how a litigation attorney looks at issues of quality.

Registration $50. For more information, contact Kevin Pomfret at kevin@spatiallaw.com

Location Privacy - Why It Is Different!

2010-11-18T07:52:00.018-05:00

Location privacy is increasingly becoming caught up in the larger discussion of internet privacy in the U.S. While not unexpected, it would be a mistake to include location privacy in the larger discussion without acknowledging some fundamental differences between location and other privacy concerns associated with the internet. For example:

The concept of location privacy in a public setting is a new one. In the past we generally assumed that only two groups of people knew our location when we were in public: the people who saw us there and the people we told where we were going. In reality of course, the universe was much larger, as it included anyone that these people told. However, we often simply chose to ignore or forget this point. Today, we are coming to recognize that the potential size of the group that is "told" our location is the rest of the wired world. That may make many people uncomfortable - but does it rise to the level of an invasion of privacy from a legal standpoint? Also, those that argue that it is an invasion of privacy should be required to articulate exactly what constitutes the invasion of privacy and why: the collection of the data from the public place, the use of the data collected or the sharing of the data with third parties? Any attempt to regulate location privacy without a clear understanding of the differences between the three is likely to lead to legislation and regulation that is overly broad and result in unintended consequences.
Location information is fundamentally different than other categories of information generally protected for privacy reasons, such as our credit card numbers, bank accounts or medical history. A person generally tries to protect against third parties obtaining the latter type of information unless they know exactly how it is going to be used. However, we give our location to strangers each time we go out into the public. An individual's location in public is also different from an individual's IP addresses or a record of the websites they have visited, as people don't generally disclose this information to others. As a result, it would be impractical - as well as inconsistent - to try and regulate location information in the same way as these other types of more personal information.
Location data is just now being used to provide a growing number of critical governmental, societal and business services. The number and value of these services are increasing daily. Attempting to regulate the collection of location data without a full understanding of the technology and its vast potential could have a number of unintended consequences, including limiting the development of a number of critical governmental services. Such opportunity costs should be fully understood and explored before regulating location from a privacy standpoint. In addition, any such legislation should be narrowly tailored so as not to inhibit further growth of this important technology.

This is not to suggest that there are no privacy concerns associated with location. For example, there are legitimate concerns about protecting consumer’s location privacy against such threats as so-called “cyberstalking”. In addition, there are legitimate Fourth Amendment concerns associated with how the U.S. government collects location information, particularly over an extended period of time. However, experience suggests that trying to address such specific concerns in internet privacy legislation that already promises to be broad and far reaching will make things overly complicated and is unlikely to achieve the desired results. A better alternative would be to design specific legislation to address such concerns, such as making cyberstalking a crime.

Location is becoming an increasingly important and misunderstood component of our daily lives. As a result, it is not surprising that there are increased calls by politicians for the need to regulate the geolocation industry. However before attempting to address concerns over location privacy, it is critical to both fully understand the technology (and its benefits) and to identify which privacy concerns are legitimate. Attempting to regulate geolocation before doing so would be a mistake.

Spatial Law and Policy Update (November 16, 2010)

2010-11-17T06:00:00.003-05:00

Made available by the Centre for Spatial Law and Policy

Privacy
Obama Administration Considering Privacy Agency
Stage Set for Showdown on Online Privacy
Department Reconsiders Publication of Payments
Whatch Where You Are Going
Plan To Tag New Babies Causes Outcry
European Commission Issues Proposal for Significant Changes to Privacy Policies
Location based services - privacy laws
Privacy Concerns Loom Large Over Location Based Services
FCC Probes Google's Street View Collection Practices
Watchdog Planned for Online Privacy

Spatial Data Infrastructure
White House Issues OMB-Circular A-16 Supplemental Guidance

Law Enforcement/National Security
Texas Cellphone Tracking Opinion
Dazzling New Weapons Requires New Rules for War

Smart Grid
Smart Meters Draw Complaints of Innaccuracy

Crowdsourcing
Crowdsourcing Surveillance

Miscellaneous
GPS data used to fire employees for "loafing"
Workers' rights extend to Facebook Labor Says
ESRI Iphone App Helps Determining Medical Place History
Finding a lost family with Google Earth
Netezza settles over alleged software hack
Russians develop DUI camera
What Is Driving The Need for Real-Time Geodata and What Are the Implications

Spatial Law and Policy Update (November 13, 2010)

2010-11-13T08:03:00.002-05:00

From the Centre for Spatial Law and Policy

Privacy
Police abandon plan to use GPS on dementia patients
4% of on-line Americans use location based services
Geo-Slavery: Location Awareness Gone Wrong?
Privacy Likely to Remain on Congress' Agenda
STD scare? Just take your phone to the loo!
Barton: Next Congress Will Focus on Online Privacy
EU wants stronger online privacy rules
Air Force warns against location-based app
Australian Mobile Telecommunications Assocation LBS Guidelines

Data Quality/Liability
Google Tool May Have Had Wrong Polling Place
Faulty GPS tells soldiers in Afghanistan they are in Africa

National Security/Law Enforcement
State v. Danney
Error in Nicaraguan/Costa Rican border results in improper incursion
Irish tax authorities using Google Earth
Trailer thief spotted on Google Street View?
The speed camera that doesn't just check your speed
NGA Looking at Amazon, Apple for Imagery Distribution Ideas

Spatial Data Infrastructure
White House Issues Policy for Controlled Unclassified Information
FGDC seeks comment on Geospatial Platform

International
Technology key to US-India relationship
Vietnam challenges Chinese on-line map border

Intelligent Transportation System
For Traffic, Real-Time Information is Too Late

Crowd-sourcing
Adding Cabbie Know-How to Online Mapping

Miscellaneous
Argentina requires GPS for mining sites
Commerce issues license to hyperspectral satellite
Four legal predictions for location-based services

Spatial Law and Policy Update (Oct 23,2010)

2010-10-23T05:06:00.005-04:00

Spatial Law and Policy Update (from the Centre for Spatial Law and Policy)
Privacy
Tracking devices used in school badges
Facebook and Zynga face privacy lawsuit
Google ditches Street View wi-fi scanning

Law Enforcement/National Security
Pakistan Moves to Bar Unregistered Mapping Companies
Student reports GPS device on car
Bolster Law on Wiretapping
Fourth Amendment Implications in Using Remote Sensing in Criminal Law
DHS using social media to check on marriage fraud

Data Quality/Liability
A critique of OpenStreetMap
Who is liable for a driverless car accident?
Reported GPS failure in China results in loss of child

Intellectual Property Rights
Trap doors in cartography
Washington State court finds metadata subject to Public Records Law
Central Platte NRD appeals dismissal of GIS lawsuit

Community Remote Sensing
Egypt imposes SMS restrictions ahead of elections
OpenStreetMap poses challenge to TomTom and Nokia
Fighting Crime From Home

Smart Grid
CDT Details Smart Grid Privacy Recommendations

Spatial Data Infrastructures
Geospatial Act Proposed for Malaysia

Miscellaneous
Japan to ask Google to change name of disputed islands
name of disputed islands

Spatial Law and Policy Update (October 11, 2010)

2010-10-16T10:10:00.004-04:00

Spatial Law and Policy Update (from the Centre for Spatial Law and Policy)

Privacy
City should track all taxis by GPS, inspector general says.
Intel, Microsoft, eBay support Rush' privacy bill while noting concerns
California law will guard privacy of tollway users
Washington Supreme Court finds metadata is subject to Public Records Law

Intellectual Property
Facebook receives patent on location

National Security
PG&E provides pipeline maps to fire departments
Creation of Intelligent System for Maritime Security
North Korea appears capable of jamming GPS receivers

Data Quality/Liability
GPS not helpful to monitor driver fatigue company claims
Industry standard for cell phone navigation proposed
Speed Camera Accuracy Concerns Grow
LaHood considers outright ban of cell phone use in cars

Intelligent Transportation System
Google switches gears with self-driving cars

Smart Grid
IBM and the City of Dubuque Join Forces to Build a Smarter Water Grid
Data Access and Privacy Issues Related to Smart Grid Technologies

When Will We Stop Blaming the Driver?

2010-10-05T08:57:00.009-04:00

I have been associated with the geospatial technology since 1985. I believe in the technology and its vast potential. However, I have become increasingly disappointed with what appears to be growing trend - within the blogosphere at least - to instinctively blame a driver whenever he or she gets lost or injured using a satnav device. I first noticed this trend when a couple got stuck on a logging road in Oregon in wintertime. A number of blog posts suggested that the couple should have known that their GPS device was imperfect and brought a map along as back-up. I said at the time that expecting a consumer to bring a map because their GPS device might fail is like expecting me to throw my bike in the trunk of my car when I go for a drive because the car might break down. Consumers expect that products they purchase will work. (So do jurors!) Particularly when commercials repeatedly tell them they should buy the device because it will get them to where they want to go quicker, safer and cheaper.

The issue arose again this week as a man drowned in Spain reportedly because his satnav device mistakenly took him down a road at night that led into a lake and he was not able to stop quick enough. I have seen more than a few comments suggesting that the driver lacked "common sense". However, there is nothing in the reports that I read that suggested the driver lacked common sense in this instance. Moreover, who of us hasn't taken the wrong turn and driven for a while trying to figure out whether they made a mistake (or how to fix it)? In addition, I know that the reaction time of my parents, who are both in the early 70's, is slower than it used to be - particularly when a lake suddenly appears in the middle of the road!! My guess is that they are not alone.

I don't think it is fair to instinctively blame the driver in an accident due at least in part to an error or malfunction in a satnav device. More importantly, I also believe it is bad business. If a customer is injured due to an error in a satnav device, a better response - from both a legal and business standpoint - would be to try and understand what went wrong and identify ways to make the product better and safer. History has shown that the companies that take this approach are better off in the long run.

Spatial Law and Policy Update (September 17, 2010)

2010-09-17T16:28:00.005-04:00

The American Bar Association recently started something it calls the Blawg 100, a listing of the top 100 legal blogs. If you are a lawyer in the United States, and are so inclined, I would encourage you to nominate the Spatial Law and Policy blog here.

On to the update:

Privacy
1. Congress to resume discussions on Electronic Communications Privacy Act
2. Businesses to Benefit as Location-Aware Ads Become More Sophisticated
3. Privacy Concerns Grow With Use of RFID Tags
4. Australia to Fund Location-based Emergency Warnings

Data Quality/Liability
1. Aerial Company offers "irresputable" evidence to resolve boundary disputes
2. Better Business Bureau on Map Spamming

Intellectual Property Rights
1. AutoDesk Wins Copyright Appeal

International
1. Russia to Lift Ban on Satellite Mapping
2. China Grants Web Mapping Licenses to 31 Firms

National Security/Law Enforcement
1. Google Earth - Spying House-code Scofflaws
2. The Art and Artifice of crowd counting (audio)

Intelligent Transportation System
1. Law Enforcement can monitor traffic and enforce laws using smart signs and real-time data

Miscellaneous
1. Sierra Club File Appeal in Freedom of Information Act Case
2. PG&E Use Twitter to Update Public On Fire Response
3. Geospatial Revolution Video

Third Circuit Punts On Important Geolocation Privacy Case

2010-09-08T10:13:00.003-04:00

In deciding that a judge may - but is not required - to ask law enforcement to show probable cause for a warrant before asking a telecommunications company to turn over historical location data on its customers, the Third Circuit Court of Appeals has in effect punted on a very important geolocation privacy case. The primary issues in the case involved statutory interpretation of a complicated section of the outdated Stored Communications Act (the "Act"). The Obama administration argued that probable cause was not required under the Act to acquire historical location data - even though "historical data"could literally be seconds old. Rather, they argued, all that was required was that a much lower standard, that the information was "relevant and material to an ongoing investigation". Opponents argued that under the Act a warrant was always required.

This case has a number of important implications broader than the Stored Communications Act itself. It is part of a much larger discussion of what is a reasonable expectation of privacy in the United States from a location standpoint. The Third Circuit Court's inability to make a firm decision on the matter highlights both the ambiguity within the Act itself as well as the complexity of the issues involved. Unfortunately, its decision provides little help to lower court judges, law enforcement or the growing number of companies that are collecting this information on a regular basis.

Why Craigslist Should Matter to Geolocation!

2010-09-06T15:39:00.007-04:00

Craiglist's recent decision to pull its adult services section is being denounced in many circles as a blow to freedom of speech. However, businesses working in the gelocation ecosytem would be better served by taking away another lesson: the importance on winning in the court of public opinion as well as in the court of law.

Craiglist's decision does not appear to have been prompted by any direct legal action. Rather, it came after increased media reports on the use of Craigslist for prostitution and trafficking of women and girls. Craigslist took a series of steps over the past few years attempting to appease its critics. However, the pressure intensified, culminating most recently in an open letter from 18 attorneys general asking Craigslist to remove the adults services section.

Geospatial and location companies face similar media pressure with regards to privacy. Howeer, it will probably still come as a surprise to many people that the media has already played a similar role with regards to the use of geospatial technology, albeit on a much smaller scale. After numerous media reports on alleged privacy concerns raised by its use of Google Earth to identify unpermitted pools, the building department of Riverhead Town, New York recently announced it was going to stop using the service, although it had the legal right to do so. In addition according to the report, a city councilman has "prepared a resolution adopting a policy restricting the use of virtual globe map and geographic information programs."

Spatial Law and Policy Update (September 1, 2010)

2010-09-01T22:46:00.003-04:00

From the Centre of Spatial Law and Policy

Privacy

The Government Can Use GPS To Track Your Moves

California bill would protect privacy of FasTrak Users

Facebook's new geotagging ability brings potential to abuse

Facebook Places fights privacy concerns

USA Today article on security risks associated with location

German law would prohibit use of Facebook for hiring decisions

Technology aside - most people prefer not to be located

Miscellaneous

Knocking Down [Geodata] Brick Walls

Augmented Reality App for Autos

Intellectual Property/Copyright

Has Google Purged Yelp

UK Row Over Publishing of Public Mapping Data

National Security

Navy loses control of UAV over Washington

Location and Privacy - What is the New "Reasonable"

2010-08-30T13:57:00.007-04:00

Location has arrived – and it is raising all sorts of privacy concerns. In the past few months alone:

1. Facebook launches “Places” and within hours the media and privacy begin criticizing the service as failing to adequately, address privacy concerns.

2. Congressman Bobby Rush introduces legislation that would for the first time regulate on a broad scale the collection, use and distribution of location information on individuals in the U.S..

3. Federal appeals court in District of Columbia finds that the use of a tracking device to monitor a suspect for a month without obtaining a warrant was an an unreasonable search and seizure. This decision directly conflicts other court decisions, with some suggesting that Supreme Court may have to resolve issue.

4. Media reports that citizens on Long Island are complaining that government agencies are acting like Big Brother by using Google Earth to find unpermitted swimming pools in backyard.

5. Government officials in Germany are considering increasing regulations on Google collecting Street View imagery as a result of privacy concerns.

6. Article details how much sensitive information can be obtained from geotagged photos posted on-line.

7. Decision expected from federal court on whether law enforcement needs to obtain a warrant before obtaining location information from mobile phone provider.

8. In Maine, the attorney general struggles whether to allow GPS devices to be attached to citizens' cars by lenders wishing to track vehicle usage for resale of auto loans.

Each of these are examples of how society is grappling with how to deal with the impact of different technologies on the concept of privacy from a location standpoint. As these technologies becomes more ubiquitous, the complexity of the issues are only going to increase. (For example, companies will use software that will predict where you are going to be in the future based upon where you have been in the past.)

I do not know how all this will play out. (Althought I have some ideas!) However, my sense is that this is much bigger - and the conversation should be much broader - than debating such things as whether location privacy settings on Facebook should be opt-in or opt out. What is needed is an informed dialogue and debate on how location technology is changing our lives and which are privacy concerns are legitimate and which are normal reactions to being uncomfortable with the introduction of new technology.

Location technology has the potential to save lives, provide valuable commercial and governmental services and make our planet a better and more sustainable place to live. However, it will never reach its full potential until consistent and transparent laws and policies surrounding location privacy are developed!

Spatial Law and Policy Update (August 23, 2010)

2010-08-23T08:20:00.004-04:00

Privacy
Google Street View in Germany - a non-issue
Spain joins countries Probing Street View
Facebook Location and Privacy Facebook Enters Location
Surveillance Cameras and the Right to Privacy
Maine AG struggles with GPS and consumer rights

Data Quality/Liability
Malware Implicated in fatal Spanish air crash
No Safe Harbors in Argentina
Under Construction
Technology Leads More Park Visitors Into Trouble

Miscellaneous
Good-bye prisons, hello GPS
Twitter After An Emergency - is it reliable?

National Security
India claims Google places parts of Kashmir in Pakistan

Intellectual Property Rights
Important Copyright Case in Australia

Spatial Law and Policy Update (August 16, 2010)

2010-08-16T14:25:00.003-04:00

Licensing/Intellectual Property rights
Pirating of Sat Nav Maps in China
Viacom to Appeal YouTube Decision
Bing Adds OpenStreetMap
Does your town, or its consultant, own is GIS data?

Privacy
Maryland to Create Statewide Database for License Plate Readers
Google Earth Used to Find Unpermitted Pools
Web Attack Knows Where You Live
Idea to Use Cameras to Identify Uninsured Drivers Draws Criticism
Consumer Watchdog accuses FBI, DEA of using Google Earth
If Big Brother is Watching, He Needs a Warrant Court Says
Google under probe in South Korea for StreetView collection
Who is watching you behind the wheel?
US issues redesigned, RFID-enhanced "green cards"
DARPA Develops New Privacy Principals
2nd Lower Merion Student sues over "spycam"

Smart Grid
Location Intelligence Crucial for Smart Grid

Intelligent Transportation Systems
Street Smarts

National Security
NGA Awards EnhancedView Contracts

Spatial Data Infrastructures
Malaysia Developing Legal and Policy Framework For Spatial Data

Miscellaneous
GPS: The Future of Authentication?
South Africa and Russia sign Agreement on Earth Observation
Move, Inc. wins real estate mapping patent case over REAL. LTD
Silvio Berlusconi wipes holiday home off Google Earth

Location Privacy: Where Are We Headed?

2010-08-04T18:15:00.009-04:00

The following is drawn from a white paper issued by the Centre for Spatial Law and Policy

There has been a great deal of attention paid recently to the privacy issues associated with the collection, use and distribution of personal information by technology companies. For example, Facebook has come under increased scrutiny for the complexity of its privacy settings and for its policies for sharing customer information with third parties. Google has been scrutinized over its Street View collection and also is currently involved in civil litigation on the matter. In addition, Twitter recently entered into a comprehensive and broad-based consent order with the Federal Trade Commission (FTC) regarding its information security practices. The Wall Street Journal covered these and other issues in a week-long series found here. (See here for the article in the series on "cyberstalking").

The privacy associated with location data has been part of this broad discussion. For example, in February the House of Representative held hearings specifically on location privacy as part of a broader review of internet privacy. These hearings resulted in Representative Rick Boucher (D-VA) and Representative Bobby Rush (D-IL) each drafting proposed legislation to protect consumer personal data. Both of these bills defined “precise geolocation information” as sensitive information that is subject to greater regulation with regards collection and use. In addition, Senator John Kerry (D-MA) recently announced that he was preparing legislation to protect consumer privacy

However even in the absence of definitive legislation, companies that collect, use or distribute consumer location data should expect increased scrutiny from the Federal Trade Commission (FTC). Section 5 of the Federal Trade Commission Act grants the FTC broad enforcement authority to protect consumers from unfair trade practices. The FTC appears to have expanded its enforcement actions to protect customer data other than traditionally sensitive information such as credit card information or social security numbers. For example, in a recent enforcement action against Twitter, the FTC found that Twitter failed to provide “reasonable safeguards to protect user information from unauthorized users”. This information included passwords to send messages (“tweets”) but not sensitive personal information. The FTC is apparently trying to warn businesses that even non-sensitive data must be protected if it is stored in a non-public place. (It is also important to note that some of the breaches occurred when Twitter was in its start-up phase)

Given the recent media attention on privacy concerns associated with location data and recent efforts in Congress, it is fair to assume that the FTC is scrutinizing what authority it has with respect to location data. As a result, companies that collect or use location data should begin to closely monitor FTC enforcement actions related to the protection of personal data. In addition, they should consider developing an information security program with respect to such data. Such a program may not only be required by the FTC in the future, but is also good business practice in today’s environment.

How Media Coverage Impacts Expectation of Location Privacy

2010-08-03T12:12:00.003-04:00

Companies in the spatial or location technology industry (broadly defined) need to pay close attention to how the issue of location privacy is being covered by the media. Such coverage not only influences consumer expectation and behavior, it will also impact how the technology is perceived by policymakers and regulators. For example, recently there has been a good deal of coverage of the privacy issues associated with a local government in New York using Google Earth to identify pools that are unregistered and the Greek government using it to find people who are avoiding tax payments. Privacy is also frequently identified as an issue in media coverage of technology associated with providing location-based services. Recently, there has been an increase in reports that hackers are able to determine an individual's location based upon their computer or smartphone use. However, there is little discussion about the differences in the technology being used, what expectation of privacy might be impacted, and whether this expectation is even reasonable. Without such a discussion, consumers, policymakers and regulators are likely to make uninformed decisions that could have a negative consequence for a number of companies.

What Do Recent Creative Commons and OSM Blog Posts Suggest?

2010-07-31T10:44:00.002-04:00

A license agreement is a complex legal document. It is used for more than just transferring intellectual property rights; it is also a mechanism to allocate various types of risk between the licensor and the licensee. I believe that drafting a license of spatial data is even more complex given some of the unique attributes of spatial data (e.g. that a single data set can be used in a number of different applications even though it may not be suited for all such applications) and some uncertainties of the law in this area (e.g. what is "a reasonable expectation of privacy" from a location standpoint?). As a result, I have been closely following the development of the OpenStreetMap license and push to use the Creative Commons suite of licenses for spatial data.

Both camps recently issued blog posts (CC blog post; OSM blog post) that were surprisingly defensive in tone, particularly given how certain they, or at least their proponents are, in their respective missions. Looking past the tone however, what one sees (or at least what I see) is that licensors are pushing back on the "one size fits all" model. It will be interesting to see whether this is true and if so whether this trend will continue.

The Cost of Free Earth Observation Data

2010-07-26T15:56:00.016-04:00

A few weeks ago Space News ran an article entitled " ESA Data Access Policy Draws Mixed Reviews". The article details how the European Space Agency (ESA) and the European Commission have decided that almost all data from their earth observation satellites will be offered free of charge. The article states in part:

"[i]n a presentation outlining the rationale for the open-access policy [Susan Mecklenburg, mission manager for ESA's Soil Moisture and Ocean Salinity satellite] said the agency is facing increased demand for data as part of a global scientific examination of climate change"

Not surprisingly, prospective users of the satellites' diverse data sets are reportedly pleased at the decision. And why not . . . after all, free is good, right? According to the report, NASA is also a big fan of this decision, as it is a strong proponent of "free and open" data for scientific research.

The report did note however, that owners of remote sensing satellites that were all or partly funded by the private sector, are concerned. Companies such as Deimos Imaging of Spain, Spot Image of France, Infoterra of Britain and Germany as well as e-Geos in Italy have business plans based upon the sale of similar Earth observation data sets. This new data policy almost certainly will impact the revenue that they will be able to generate from sales of their respective data sets in order to pay back their investors.

I was thinking about this article the other day as I read a recent report from the Center for Strategic & International Studies (CSIS) on Earth Observation and Climate Change. The reports' authors suggest that successive U.S. administrations have not allocated enough resources to NASA for remote sensing from space for climate change. Although NASA itself has received a great deal of money, much of it has been directed towards manned space flight - something much sexier and politically popular than remote sensing. The authors recommend the Obama Administration to specifically direct more NASA resources to collecting remote sensing data, particularly to monitor climate change. The report notes that what is needed is:

"investing in the Earth observation systems necessary for producing the right data over the right time and space horizons, coordinating data collection, interpreting and sharing to maximize the data's benefits, focusing on the human and social science effects of climate change, improving modeling capabilities, and making this information accessible and relevant for a wide range of users . . "

The report continues:

"[m]uch of our data comes from satellites put in orbit for other purposes, such as weather prediction and monitoring. The sensors on these weather satellites provide valuable data, but they are not optimized for monitoring climate change or for adequately assessing the effect of mitigation efforts. More precise and specialized data are needed to understand and predict climate change, and getting these data will require new orbital sensors."

According to the report, many missions and observations for collecting climate change are at a risk of interruption. Many satellites are well past their planned lifetimes and the sensors that are ill suited for the necessary tasks.

When I finished the CSIS report, I came to realize that perhaps there is a price for this "free" data: the lack of "precise and specialized data" needed for policymakers to make accurate decisions on such matters as climate change. The fact is, producing good quality and timely data is very expensive. Insisting on free government data increases the likelihood that the data will be of lesser quality and timeliness. The CSIS report suggests that was true at NASA even when there was a great deal of money generally available, because that money was spent on other projects that provided a greater return on investment, in either capital or public relations. During this likely extended period of budget constraints, it will be even harder for governments to allocate the necessary resources to support the collection and distribution of free data.

Private companies have increasingly shown the appetite to participate in projects to fill the data gaps. However, free data initiatives will make it much more difficult for them to develop sustainable business models.

Pricing the capture, processing and distribution of remote sensing data is hard, particularly when it is being used for a public good. However, undercutting industry by offering free data will likely prove to be counter-productive at best, and potentially harmful to the effort to monitor climate change. The remote sensing community (both industry and government) needs to continue to search for licensing model(s) that work for both the data providers and the data users to ensure both needs are met.

Spatial Law and Policy Update (July 21, 2010)

2010-07-21T10:22:00.001-04:00

Privacy
Australian official states Google Street View is "illegal"

Germany requires more scrutiny when transferring data to the U.S. under Safe Harbor provisions

Facebook's Privacy Policies Hit a Language Barrier

Coalition Calls For Regulations For Tracking of Medical Devices

Public Sector Information
EU Prepares For Review of Public Sector Information Directive

Data quality
National Geodetic Survey uses geospatial technology to improve map accuracy

Miscellaneous
Commission welcomes European Parliament approval of new legal framework for intelligent Transport Systems

Spatial Law and Policy Update (July 13, 2010)

2010-07-13T09:05:00.003-04:00

Privacy
Twitter Consent Order Evidences Broader Scope of FTC Information Security Enforcement

Loopt Launches Location History

Miscellaneous
Electronic Companies Worried about Distracted Driver Laws in U.S.

Intellectual Property
No Easy Answers in Copyright Debate

Public Sector Information
E.U. review of PSI re-use directive to include stakeholder consultation

Smart Cars and Spatial Law

2010-07-08T16:00:00.003-04:00

As this article in the Telegraph (UK) highlights, smart cars and intelligent transportation systems will raise the complexity and significance of spatial law issues. For example, who owns the data that is collected and how can it be used or shared? What level of expectation of privacy will be reasonable within our cars in the future. Morever, what level of data quality can consumers expect and what will be the potential liability exposure if those expectations are not met? Finally, who will be deciding the answers to these questions: the courts, legislators, industry or the marketplace? Stay tuned - it should be an interesting ride!

Spatial Law and Policy Update (July 6, 2010)

2010-07-06T10:06:00.009-04:00

Privacy

-FTC extends comment period for Children's Online Privacy Protection Act

-Facebook simplifies privacy controls

-Police push to continue warrantless cell tracking

-Twitter settles privacy case with Federal Trade Commission

Intellectual Property

-European Officials Embrace Open Data Policy for GMES Satellite

Litigation

-Encyclopedia Britannica loses suit involving GPS mapping

National Security

-U.S. Geologist sentenced to 8 years in China for purchasing sensitive database

-Blogger asked to remove map of DC water pipes

-Preliminary approval given for 23 companies to provide on-line mapping services in China

Miscellaneous

-Google told by France to Restore Map Servicer's ad

-Malaysia creating a Geospatial Act

Connecticut court's ruling on FOIA and Pictometry imagery

2010-07-02T08:06:00.006-04:00

Recently, a Superior Court in Connecticut made a ruling as to whether Pictometry imagery, metadata and software was subject to disclosure under the state's Freedom of Information Act. (FOIA). The state's Freedom of Information Commission (FOIC) ruled in 2008. (The request was made by a Mr. Stephen Whitaker, who is quite well known in FOIA circles, for cases such as this.) asked for Pictometry imagery, software and metadata under Connecticut's Freedom of Information Act.

The state's Freedom of Information Commission (FOIC) ruled in 2008 in part that:

a. software and metadata were trade secrets and therefore exempt from mandatory disclosure under FOIA; and

b. imagery was not subject to any of the FOIA exemptions and should be disclosed.

On appeal, the court in this decision ruled the following:

a. the disclosure of the imagery, without metadata and software, was not a security risk. (A security risk being one of the reasons a government agency in Connecticut does not have disclose information under FOIA);

b. material protected under the Federal Copyright Act, such as Pictometry imagery, was not exempted under the state's FOIA;

c. because the Pictometry imagery was protected by copyright, however, if Whitaker used it for anything other than "fair use" under the Copyright Act, Pictometry might have a claim against him (or perhaps the state). Specifically, the court stated: "[S]hould disclosure as ordered by the FOIC and use by Whitake not fall within "Fair Use" exception and infringe the copyright, matters not ripe for consideration here, Pictometry's rights and remedies for injunctive relief . . . remain intact. So too, it its contractual rights and remedies"; and

d. state agencies cannot charge Whitaker $25 per image they disclose to him, even though that is what they have to for each image under the contract with Pictometry.

Getting to the "bottom" of Google Street View and Privacy

2010-07-01T14:11:00.006-04:00

A lady in the UK was so concerned that a random image of the naked bottom of her (anonymous) 3-year old son playing in his grandmother's yard was visible on Google Street View - that was subsequently blurred - violated his privacy . . . that she granted an interview to a local newspaper that gave her name, the city and the street where the boy lived, and included a picture of her and her son (in addition to the Google Street View shot). Good for her!

Thanks to CNET for point this out.

The impact of Bilski on the Spatial Community

2010-06-30T06:29:00.003-04:00

The Supreme Court recently issued its decision on the Bilski v. Kappos patent case. The decision has been widely discussed in the legal community for both what it says and what it did not say. The Court did reject the "machine-or-transformation test" as the sole test for analyzing the patentability of a process. I would be very interested in your thoughts on what impact this might have on spatial technology patents.

Google Street View: Are We Looking At It The Right Way?

2010-06-22T17:29:00.003-04:00

Google Street View has received a great deal of attention since it was introduced in May 2007. Much of this attention has been negative, as citizens, government officials, the media, politicians and now even lawyers have raised concerns about what is being collected, how it is being used, how long it is being kept, and what are Google's ultimate intentions in assembling such a huge database of information and imagery. Some of this criticism appears to be justified, given Google's recent admission it was accidently collecting certain information, including snippets of emails, passwords and browsing history.

However, shouldn't we also be blaming government officials, policymakers, lawyers, etc. for not developing a consistent legal and policy framework with respect to spatial data upon which a company like Google can develop its business strategy? (I use Google here because it is the company that you most frequently hear about, but other companies are collecting similar types of spatial data.)

We are currently seeing an explosion in applications using spatial data. However, location information and data is not new. There has been plenty of time for the legal and policy communities to catch up or at least prepare for mapping in the digital era. Mapquest sent the first map over a very young Internet in 1996. High-resolution commercial satellite imagery has been available since early 2000 and medium-resolution satellite imagery has been available since the mid-1980's. President Clinton did away with GPS Selective Availability, enabling the public to get access to better location information from the network of GPS satellites, in 2000. Even Google Earth has been with us since 2005.

All of these milestones, and many others contributed to where we are today. However, governments have been unable or unwilling to develop and implement new laws and policies that reflect the current technological environment. For example, government and businesses continue to launch remote-sensing satellites, but most countries do not have a transparent and consistent policy with respect to remote sensing or the data that is collected. Similarly, government officials regularly express concerns about location privacy, but there has been very little done to change privacy regimes to the new reality. Instead, governments try to figure out how to apply existing - and outdated - laws and policies. (The courts make an impact but it’s piecemeal and on a case by case basis.) Countries spend millions in U.S. dollars on technology to share spatial data between government agencies at the local, national and international level, but give almost no thought to the legal issues that complicate data sharing from a practical standpoint.

It should not be surprising therefore, that in this legal and policy vacuum, companies such as Google and others bump up to - and sometimes cross - the line of what is considered acceptable, and in some cases legal. They do not have the luxury, nor the mentality, of the status quo. (And our world would be worse if they did.) In many instances they need to push forward, for both competitive and technological reasons and in doing so, frequently test the legal limits. So, as government officials, policymakers and lawyers world-wide research what Google did or didn't do with respect to Street View, perhaps they can also examine what steps they could be taking to make their laws and policies more aligned with current realities and more in tune with today's spatial environment.

Directions Media Spatial Law and Policy Webinar

2010-06-21T16:31:00.004-04:00

On June 29, Directions Media is hosting a webinar on Spatial Law and Policy. The three main topics to be addressed will be privacy, data quality/liability issues and licensing, however I expect other issues will arise as well. Pete Schreiber from ESRI and Kara John from DMTI Spatial will be speaking (as will I). If you have not heard them speak before I highly recommend it. Both have excellent presentations and valuable insight and experience on these issues. The format is interactive, so there will be plenty of time for questions. Feel free to contact Directions Media if you have any questions.

Spatial Data Infrastructures - More Than A Directive

2010-06-16T21:11:00.003-04:00

Recently, I have been doing some work on the legal and policy framework necessary to develop a spatial data infrastructure (SDI). These are the laws, policies, regulations, etc. that go beyond a directive to share data between government agencies. Instead they focus on the practical realities that agencies, and their legal counsel, must address when licensing (or sharing) spatial data. Depending upon the country or region for which the SDI is being developed these issues might include a government agency's rights to protect intellectual property, issues of sovereign immunity, contract enforceability and dispute resolution.

I thought that this piece (Part 1 and Part 2) is an excellent discussion on the intersection of data quality, stewardship and potential liability. It is an issue that I believe will become of increasing importance. Unfortunately, there are no easy answers. However, the author provides an insightful perspective on how to consider the problem - which is an important first step.

BP, the Gulf Oil Spill and Spatial Law

2010-06-16T14:52:00.005-04:00

The Gulf oil spill is having an impact on a number of matters related to spatial law.

First, the incident itself shows the potential consequences if you push a technology - any technology - too far. It is important for the industry to keep in mind that spatial technology has tremendous potential - but it is not immune to errors, omission and/or human fallibility.

Second, spatial data is playing an important role in monitoring both the extent of the oil leak and its growing impact on the region. In fact, if the premise behind this report is true, it indicates just how valuable spatial data people consider spatial data to be in this matter. (FYI, I am still trying to figure out what actually happened).

Third, and perhaps most important, is the role spatial data will play in the litigation that will inevitably follow. Lawyers have been slow to introduce spatial technology in the court room. However, I predict that spatial data will play a critical role in Gulf oil spill litigation. One reason is simply that the nature of many of the claims and defenses will have a strong temporal-spatial component. A second reason is that the stakes are so high that that no expense will be spared to win a case. Finally, spatial technology has reached a tipping point in our society. As a result, lawyers, perhaps for the first time, will feel confident that judges and jurors will be able to understand what the spatial data is meant to portray. In fact, I believe that lawyers who understand the potential and the limits of spatial data in this context will have an upper hand.

June 6 Intellectual Property Update

2010-06-06T07:03:00.011-04:00

Apologies for the delay in posting - I have been on extended engagement in Abu Dhabi and posting was more difficult than I thought it would be be. There have been a number of important developments over the past few weeks - too many to put into one post. Therefore I am going to break them up based [roughly] upon subject area.

Intellectual Property Rights
I am still trying to understand the implications of the recent announcement regarding ESRI and Geodata.gov. It certainly has caused a great deal of concern within the geospatial community. According to this post from the All Points Blog, such concern may be unnecessary. However, given that (i) in the U.S. federal government data is not protected by copyright, (ii) the Obama Administration has been pushing greater transparency with respect to government operations, and (iii) the improvements in technology and open standards, I am surprised that the items Sean Gorman discusses in this post are still an issue with respect to federal government data.

OpenStreetMap is changing is data license model. The post includes a link that gives an excellent explanation as to why a new license was needed. I would be interested in your thoughts as to whether the new license works.

There has been a good deal of criticism about the judge's ruling in this case. Most of it has to do with the feeling that judge has ruled that spatial data is "software". I have a slightly different take - as I found the judge to be saying that spatial data is software as that terms is currently defined in the applicable section of the code. That is a subtle but important distinction because it suggests that the best way to address the question is not through litigation, but by putting pressure on the legislature to make the definition more accurate.

Spatial Law and Policy Update (May 16, 2010)

2010-05-16T10:18:00.005-04:00

Privacy

So how many people "clean" their satellite navigation device before selling their car? According to this article, you probably should.

Google has admitted that it has been collecting - apparently without intent - private information (snippets from emails and on-line activities) from public Wi-Fi networks in connection with its Google Street View mapping efforts. (Google was also mapping public Wi-Fi networks as part of Street View). I have previously posted, there is great value in the street level imagery that Google is collecting. However, one can certainly appreciate the privacy concerns associated with any organization collecting this information - even if it was being sent over public (and presumably unsecured) Wi-Fi networks - particularly if the information was being collected as part of a broader mapping effort.

Licensing

For those interested in a well-rounded technical discussion of the issues associated with data sharing, I would recommend reading Peter Batty's geothought blog. It includes a link to a video of a roundtable discussion from GITA 2010 with a number of deep thinkers in this area, including Peter (as moderator), Steve Coast, James Fee, Andrew Turner and Ron Lake.

Privacy Policies: Just Because They Are "Legal" Does Not Mean They Are "Right"

2010-05-14T08:10:00.007-04:00

I hope that location-based service companies and other businesses that are developing business models around location are closely following the public's growing concerns with Facebook's privacy policies. According to reports, Facebook recently held an emergency meeting concerning its privacy issues. In addition, some reports suggest that it is losing customers due to privacy concerns.

Technology is improving so rapidly - and the business norm appears to be to bring those improvements to the market so quickly - that the general public is not able to keep up. Unfortunately, neither have the legal nor the policy systems. As a result, even though an application or business practice may be "legal", in that it does not - yet - violate any laws, it may not be "right" from a market standpoint. I believe this is particularly true when it comes to privacy and location as we are all struggling what privacy means to us from a location standpoint.

Section 6 of the Proposed Internet Privacy Bill - What Does It Mean?

2010-05-06T07:03:00.003-04:00

Section 6 of Rep. Rick Boucher's proposed internet privacy bill almost appears to have been included as an afterthought. Moreover, the section is so broadly written that it can be interpreted to regulate a wide range of companies that collect, use or distribute spatial data.

Section 6(a) is set forth below. I would be interested in your thoughts on exactly what is to be regulated.

"Sec. 6 Use of Location-Based Information

(a) IN GENERAL - Except as provided in section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d), any provider of a product or service that uses location-based information shall not disclose such location-based information concerning the use of such product or service without that user's express opt-in consent. A user's express opt-in consent to an application provider that relies on a platform offered by a commercial mobile service provider shall satisfy the requirements of this subsection"

What To Look For In Any Proposed Privacy Regulations

2010-05-02T12:42:00.016-04:00

Recently, there has been a great deal of discussion in the United States regarding the privacy implications of collecting and using spatial (or location) data. In February, Congressional hearings were held on privacy and location-based services. The Federal Trade Commission (FTC) has asked for comments on whether Children’s Online Privacy Protection Act should address the collection of geolocation data. In addition, privacy officials from a number of countries sent a well-publicized letter to Google criticizing its privacy practices with respect to a number of well-known services, including Google Street View.

Scrutiny of spatial technology from a privacy standpoint was to be expected, given the current legal and policy framework in the United States with respect to the collection of personal information in general. (Spatial Data Privacy and the Law: What a Spatial Data Company Can Do? (July 25, 2006)) As a result, the industry can expect increased calls for federal privacy regulation with regards to the collection, use and distribution of spatial data. In fact, Representative Rick Boucher, chairman of the House Subcommittee on Communications, Technology and the Internet is quoted as saying "I think you can expect to see this [topic] emerge as part of a larger legislative item".

However, in many instances legislators, regulators and their respective staffs will be addressing this issue with a limited understanding of the technology. As a result, there is a good chance that the language they use will be unclear or overly broad. Therefore, companies should be particularly mindful of the exact wording on the following items:

1. What is the nature and type of spatial data that is being considered for regulation? Terms such as “spatial data”, “geolocation data” or “location data” are broad and will need to be further defined. These definitions will be crucial.

2. What companies might be subject to regulation? Similarly, the definition of the company or industry subject to the proposed regulation will be very important.

3. Whether the proposed regulation applies to collection, use and/or distribution? Proposed regulations may permit the collection of spatial data but limit its use for certain purposes. Alternatively, regulations may restrict the ability to distribute the data to a third party. Such nuances could be very important to a company’s current and/or future operations.

4. Are notice and/or consent requirements included? Is consent or notice required to collect data? What constitutes consent? Does the proposed regulation include “opt-in” requirements? Are additional steps required to distribute the data or is notice/consent only required once? Particular attention should be paid to these requirements.

5. What security measures are required with respect to data? Privacy regimes will frequently require safeguards to ensure that any data collected is protected from improper use by either outside hackers or internal employees. It is important to understand what safeguards are being proposed and their potential impact on operations.

Spatial Law and Policy Update (April 29, 2010)

2010-04-28T20:50:00.008-04:00

National Security

According to this press report, Saudi Arabia has formed a team of government officials to monitor Google Earth to make sure that there no sensitive military or intelligence facilities visible.

Privacy

I will try to find out more about this case involving a woman who has brought a claim against a vehicle tracking company for allowing her husband to track her even though she claims the company was aware he was abusing her.

The Supreme Court recently hear oral arguments in the case City of Ontario v. Quon, a case in which the main issue is the expectation of privacy that an employee can have in text messages on their employer-provided devices. The case is interesting from a spatial law standpoint both because it will address what is reasonable with regards to the introduction of new technology and because some are openly questioning the ability of at least certain members of the Supreme Court to understand technology in a way that is necessary for them to be making such important decisions.

The alleged improper use of security cameras on student computers in a school district in Pennsylvania was discussed in an earlier post. However it is worth revisiting based upon some new information suggesting the school took over 50,000 images of students and their homes from students' computers. It highlights the need for all businesses to understand that there is a chance - perhaps a very good chance - than their employees will improperly use any tracking system that they implement.

Technology

I am hopeful that some of the readers of the Spatial Law and Policy blog are lawyers who are interested in the issues but are still learning about the technology. Therefore, I plan on periodically including links that I think do a good job of explaining the power and the promise of spatial technology. I found this to be a good description of how location data is collected.

Intellectual Property

I find it a little ironic that the folks at OpenStreetMap claim that their intellectual property rights have been violated . . . but they do have a point.

Why "Sharing" Government Spatial Data Is Not As Easy As It Sounds.

2010-04-13T12:01:00.015-04:00

I really enjoyed this talk by Tim Berners-Lee - and encourage you to listen to it when you have some time. He is a unique man with an incredible vision. In the talk, he mentions the value of linked data. He describes how easy it is from a technological standpoint to link data. One of the points that he makes is the value of raw data. He is particularly interested in having government agencies making raw data available to the public. (In fact he leads the audience in a chant of "Raw Data Now"). He states that raw data can be a valuable resource to businesses, citizens and other government agencies.

I agree with Berners-Lee that raw data is increasingly valuable. (And made more so when it is linked to other data). And I agree with his statement that government organizations are a great resource for this data but are generally reluctant to share. Frequently, the issue has to do with money. Agencies are reluctant to share their data because they want to at least recover the costs associated with collecting and maintaining the data.

However, even if money is not an issue, I believe that there are a number of legitimate legal (and policy) concerns that government agencies must deal with when sharing data . . . and these are not often not appreciated. For example, whether the agency will be held responsible if there are errors in the data or if the data is improperly used. Or what privacy concerns will be raised by sharing the data. Unfortunately, the law in this area is frequently uncertain or outdated given today's technology.

These concerns become even greater when spatial data is involved, because (i) the technology supporting its use is still relatively new, so many questions are just now being asked - for example, what is a reasonable expectation of privacy with respect our location data, (ii) spatial data sets are so versatile that they can be used for a number of different applications, even if they are not intended - or suitable - for such use and (iii) spatial data has historically been associated with military and intelligence matters - which raises many national security concerns.

Therefore, the challenge is to develop a legal and policy framework that is robust enough to address these legitimate concerns while flexible enough to permit the level and quality of data sharing and linked data that Berners-Lee describes in the video. (I frequently describe this as "getting your lawyer to yes".) The question is, can it be done?

A humorous take on Germany's concerns with Google Street View

2010-04-12T17:09:00.004-04:00

Apple's Answer to Location Privacy

2010-04-12T14:37:00.004-04:00

In a class I teach on Spatial Law and Policy, I often - too often I suspect the students' would say - ask, which of the following is best to solve a particular legal/policy issue: the courts, legislation, the marketplace or industry? With that in mind, I read with interest Apple's attempt to apply a technological solution to a location privacy issue. Specifically, according to the New York Times article, "[t]o make it clearer just how often approved apps are collecting data about users’ physical whereabouts, Apple will display an arrow in the status bar at the top of the screen, right next to the battery-life indicator, whenever a user’s location is being tracked."

Something as simple as an arrow displayed on a status bar will not address all the privacy concerns associated with location-based services and applications. However, it does show the value of the technology and legal communities working together to identify practical solutions. Hopefully, this trend will continue with respect to spatial law and policy issues.

Monitoring Arms Control Treaties: How Much Has Changed?

2010-04-08T08:24:00.003-04:00

The nuclear arms control treaty signed by President's Obama and Medvedev today brought back memories of my time as a satellite imagery analyst for the U.S. government in the mid-to-late 1980's. My work at that time was focused on arms control issues, particularly developing satellite imagery collection strategies that could be used to help monitor Soviet compliance with the INF and START treaties.

As I was reading about the signing ceremony in Prague, I was struck by how much has changed in geospatial technology in general and the remote sensing industry in particular since those two treaties were signed. Which made me wonder how much of this new and improved technology is being incorporated into the monitoring regimes? For example, if I was in that position today, I would taking a hard look at how to incorporate the growing number of commercial remote sensing satellites into the monitoring mix. Hopefully, existing government policy towards these systems facilitates such access.

Spatial Law and the Smart Grid

2010-04-05T14:15:00.005-04:00

According to its supporters -and there are many - the smart grid has the potential to address both energy conservation and climate change However, as discussed in this article, it requires companies to collect and make available to consumers a vast amount of information on their energy use, particularly within their homes. A number of organizations, such as the Electronic Privacy Information Center (EPIC), have expressed concerns over consumer privacy, as companies will have detailed information about their customers and their daily lives within their homes.

Utilities have a long history with collecting and using spatial data for such activities as asset tracking and inventory. However, as the smart grid moves forward, the legal and policy issues they will face with respect to spatial data is likely to be much more challenging and complex.

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A humorous take on Germany's concerns with Google Street View

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Monitoring Arms Control Treaties: How Much Has Changed?

Spatial Law and the Smart Grid