Political / legal factors

Research questions on Political / legal factors

Egon:
1. To what extent are people concerned about the potential impact of location-based services on their privacy?
[moved from social to here by Fabian - think it is better here]: 2. Who will control or govern LBS?

Reza:
1.Are there any political forces (current/past/future?) which (might) restrict or help LBS development?
2. What is the logic (reason) behind these forces?
3. Are there any laws which (might) affect the product offering? Negative effect… or positive effect…

Amarantha:
1. To what extent can this technology be used for illegal purposes? Are there ways to control this?
2. Does this have consequences for political power struggles between countries? For example, who owns/controls the underlying infrastructure, government or private?
3. Can this technology be misused legally by the parties controlling the infrastructure e.g. to wage wars?

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Research

Political and Legal driving forces of Location Based Services

'Location-based services are applications that use information about where a communication device is located. In the U.S, the European Union, and Japan, laws require that mobile telephones be able to provide location data with a fairly detailed accuracy for emergency purposes. Such information also enables location-based services in mobile commerce, which presents a major new market for the telecommunications industry.

Unlike other information in cyberspace, location information has the potential to allow an adversary to physically locate a person, and therefore most wireless subscribers have legitimate concerns about their personal safety if such information should fall into the wrong hands. Laws and rules of varying clarity, offering different degrees of protection, have been or are in the process of being enacted in the United States, the European Union, and Japan' [1]

=Driving Forces=

• Mobile Telecom Operators' willingless to inpede on privacy for commercial incentives
  
• Consumers' overal perception of the added value of LBS
  

USA Law

1996 Telecommunications Act
Did not specify what kind of customer consent — opt-in or opt-out — is required for Customer Proprietary Network Information (CPNI)
1998 FCC decides that opt-in is required (own interpretation of Telecomm. Act)
1999 Wireless Communication and Public Safety Act (E911 Act)
opt-in (express prior concent to use) required
2001 FCC ruled that opt-in consent is not required
The 10th Circuit Court of Appeals decided in U.S. West v. FCC that opt-in consent is a restriction on a telecommunication carrier's First Amendment rights in commercial speech, but did not consider location information as separate from general CPNI.
2002 FCC ruled that companies could use either opt-in or opt-out consent for general CNPI.
2003 The CTIA proposed a "consumer code" for self-regulation (Industry Effort)
Asks that companies abide by their own privacy policies.

EU Law

2002 Directive on Privacy and Electronic Communications (2002/58/EC)
"Technology-neutral" legal standards for privacy protection, unambiguously requires informed opt-in consent for the provision of telecommunications services based on use of location information.

Privacy Types

In LBS, there are conceivably two types of location privacy-personal subscriber-level privacy and corporate enterprise-level privacy. Personal subscriber-level privacy is mainly concerned with the mass market. Personal subscriber-level privacy must supply rights and options to individuals to control when, why, and how their location is used by an application? With personal subscriber-level privacy, each individual has liberties to "opt in" and "opt out" of services that take advantage of their mobile location.

Corporate enterprise-level privacy is fundamentally different in that corporate IT managers typically control when, why, and how mobile location capabilities provide application benefits to the organization as a whole. With corporate enterprise-level privacy, an individual is part of a team, working with other individuals who share similar corporate goals and objectives. Within the enterprise, personal subscriber-level privacy is sometimes irrelevant because location is not "nice-to-have for me," but rather a critical requirement for staff to function productively while mobile.Equally, mobile workforce locations provide back-office decision makers with essential knowledge to communicate more effectively with field staff, which in turn makes life less frustrating for mobile staff.

Telecom Providers on LBS Privacy Policy

T-Mobile

WHAT ABOUT LOCATION-BASED SERVICES AND INFORMATION?

Whenever your mobile device is on, the network generally knows its “location.” This location capability is what makes wireless communications possible and is how we properly bill for services. This location technology is also the basis for providing enhanced emergency 9-1-1 services.

Currently, we disclose location information to third parties when required to do so; such as in emergency situations to a public safety answering point, emergency medical service provider or emergency dispatch provider; public safety, fire service or law enforcement official, or hospital emergency or trauma care facility; or to respond to a user's call for emergency services. The law also permits us to disclose location information without consent to inform a user's legal guardian or members of a user's immediate family of the user's location in an emergency situation that involves the risk of death or serious physical harm, or to providers or managers of information in order to assist in the delivery of emergency services, or to government agencies if we reasonably believe that an emergency involving immediate danger of death or serious physical injury justifies disclosure without delay.

While the T-Mobile HotSpot service may be capable of providing certain location-based information, there is no process currently in place for making such information available in emergency situations to providers of emergency services.

T-Mobile may develop commercial location-based technologies that would bring exciting new services to our subscribers. This Notice generally will govern how location information will be collected, used and disclosed. You should also review the terms and conditions of service for any special rules governing location services.

Vodafone

Location tracking services Location services identify the location of a mobile user's handset to provide them with local information on request. Third parties provide a range of location services based on data provided by Vodafone. Location services enable the location of customers to be tracked via their mobile.

This capability has safety benefits, for example by helping emergency services to reach accidents. It can also contribute to more efficient working by mobile workers, such as taxi drivers or couriers. But the service raises concerns about privacy and consent.

We developed a policy on location services in 2004/05. It is designed to protect customers' privacy and ensure that location services cannot be used without their prior consent. The policy also gives users the ability to turn location services off and on. Services for locating children are only made available to the child's parent or legal guardian, whose identity must be verified. Compliance with this policy will be assessed in 2005/06.

References

[1]Wireless Location Privacy: Law and Policy in the U.S., EU and Japan (ISOC MEMBER BRIEFING #15)