Tag Archives: mobile privacy

Deputy Attorney General Rod Rosenstein Warns Against Warrant-Proof Encryption

In a speech delivered at the United States Naval Academy on October 10, Deputy Attorney General Rod Rosenstein waded into the public debate between data privacy and law enforcement interests.  As part of a discussion moderated by former Covington cybersecurity attorney Jeff Kosseff, Rosenstein’s remarks discussed cyber issues facing law enforcement with a particular focus … Continue Reading

Canada’s Highest Court Rules That Police Can Search Cell Phone Contents After Arrest

By Lala Qadir The Supreme Court of Canada recently issued a 4-3 decision that gave the police a green light in conducting warrantless searches of an arrestee’s cell phone as long as the search is directly related to the suspected crime and records are kept.  Over three dissenting judges that characterized mobile phones as “intensely … Continue Reading

Eleventh Circuit: Warrant Required to Obtain Cell Site Location Information

The Eleventh Circuit ruled on June 11 that cell site location information—which can reveal the location of a cell phone user, based on his proximity to cell phone towers—is protected by the Fourth Amendment and can only be obtained with a warrant.  That ruling sets the stage for continued battles over Fourth Amendment protections for … Continue Reading

Senate Judiciary Subcommittee To Examine “Stalking Apps”

Tomorrow, the Senate Judiciary Subcommittee on Privacy, Technology and the Law will hold a hearing on legislation reintroduced in March by Senator Al Franken (D-MN), the Location Privacy Protection Act of 2014.  The bill would regulate the development, operation, and sale of “stalking apps” and also would require companies to get consumer permission before collecting … Continue Reading

FTC to Hold Seminars on Mobile Device Tracking, Alternative Scoring, and Consumer Health Information

The Federal Trade Commission (“FTC”) announced today that it will hold a series of three seminars in the spring focused on retail tracking, alternative scoring, and consumer health information.  The seminars are designed to shed light on new trends in big data and their impact on consumer privacy, according to the FTC.  The seminars will … Continue Reading

HTC America’s Settlement with FTC Becomes Final

Yesterday, the FTC announced that it had approved a final order settling charges that HTC America failed to take reasonable steps to secure the software it developed for mobile devices.  (We’ve previously blogged about the case here.)  The FTC alleged that this failure amounted to an “unfair” practice in violation of Section 5 of the … Continue Reading

FCC: Customer Data Carriers Obtain Through Mobile Devices Subject to Existing Privacy Rules

Telecommunications carriers and providers of interconnected VoIP service with access to certain kinds of customer information collected through mobile devices are subject to existing privacy rules governing their use and disclosure of that information, the Federal Communications Commission announced in a declaratory ruling adopted at its June 27 meeting.  Significantly, the decision makes clear that … Continue Reading

FCC to Consider Ruling on Carriers’ Use of Data Collected on Mobile Devices

The Federal Communications Commission is scheduled to vote this month on a declaratory ruling stating that existing rules governing telephone carriers’ use of subscribers’ personal information also apply to data collected on mobile devices. Existing regulations restrict telecommunications carriers’ ability to use or disclose Customer Proprietary Network Information (CPNI) that a carrier obtains in the … Continue Reading

FTC Announces Information about Upcoming Mobile Security Forum

Today, the Federal Trade Commission released the agenda and panelists for the public forum it is holding on mobile security, Mobile Security: Potential Threats and Solutions, on June 4, 2013.  The forum will bring together technology researchers, industry members, and academics to explore mobile malware, the security of existing and developing mobile technologies, and the roles … Continue Reading

BYOD’s Rapid Growth Presents New Legal Challenges

Companies are increasingly allowing employees to access work email and apps on their personal devices, according to a new Gartner survey of chief information officers.  But employers confront many tough policy and legal questions when they adopt Bring Your Own Device (“BYOD”) programs. Thirty-eight percent of the CIOs said that their organizations will stop providing … Continue Reading

Federal Reserve Releases Report of Mobile Banking and Mobile Payments Use

On March 27, 2013, the Federal Reserve released a report on consumers’ use of mobile banking and mobile payments.  The report follows a similar report issued by the Federal Reserve last year.  The report found that use of mobile banking has increased significantly in the past year while use of mobile payments has increased as well.  … Continue Reading

EU Data Protection Working Party Sets Out App Privacy Recommendations

By Dan Cooper and Philippe Bradley This week the Article 29 Working Party released its Opinion 2/2013 on apps on smart devices (WP 202), a 30-page report on mobile app privacy and data protection considerations. This development follows on the Working Party’s Statement on the draft General Data Protection Regulation on 27 February 2013 (which … Continue Reading

FTC Issues Report on Mobile Payments

Last Friday, the Federal Trade Commission released a report, Paper, Plastic…or Mobile?, on the use of mobile payments.  The report follows a workshop hosted by the FTC in April 2012 that explored innovative mobile payment products and services, the potential benefits offered by mobile payments, and the concerns they raise.  For purposes of the report, mobile … Continue Reading

HTC America Settles FTC Charges It Failed to Secure Mobile Devices

Mobile device manufacturer HTC America has settled Federal Trade Commission (“FTC”) charges that the company failed to take reasonable steps to secure the software it developed for its smartphones and tablet computers, introducing security flaws that placed sensitive information about millions of consumers at risk.  The settlement requires HTC America to develop and release software … Continue Reading

FTC Releases Mobile App Privacy Guidelines

As state and federal regulators increasingly focus on mobile apps, the Federal Trade Commission today released detailed recommendations for mobile privacy. In a 29-page staff report, the FTC suggests how mobile app platforms and developers should notify consumers of their privacy practices.  Although the guidelines are not binding law, they offer best practices that could … Continue Reading

Rep. Johnson Releases Discussion Draft of Mobile App Privacy Bill Following NTIA’s 8th Meeting Concerning a Voluntary Code of Conduct

On Friday, Rep. Hank Johnson (D-Ga.) released a discussion draft of a bill for mobile privacy. Named the Application Privacy, Protection and Security Act of 2013 (“APPS Act”), the bill would obligate app developers to disclose to users the terms and conditions around the collection, use, storage, and sharing of user data. Additionally, the bill … Continue Reading

FTC Enters into Consent Order with Mobile Application Developers for Fair Credit Reporting Act Violations

Last week, the Federal Trade Commission entered into a consent order with two companies alleged to have operated as consumer reporting agencies, by providing criminal record reports through mobile applications, without complying with the Fair Credit Reporting Act (FCRA).  The consent order represents the FTC’s first FCRA case involving mobile applications.  According to the FTC’s complaint, Filiquarian … Continue Reading

California AG Will Reportedly Release App Privacy Guide

Politico is reporting that California Attorney General Kamala Harris will release a report containing privacy recommendations for key players in the mobile app ecosystem (including developers, advertisers, and others).  The report could be released as early as this week.  As we have noted elsewhere, Harris has made mobile privacy a key priority for her office.  … Continue Reading

FCC Provides Consumer Tips On Mobile Privacy And Security

The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats.  The tool provides consumers with tips that are customized for four different mobile operating systems.  Many of tips focus on security-related topics.  For instance, the tool recommends that consumers set a password … Continue Reading
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