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ISPLA INSIGHTS - Keystrokes, tracking, litigation & smartphones

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  • Peter Psarouthakis
    Representative Edward J. Markey [D-MA-7] in a December 2, 2011 letter to the chairman of the Federal Trade Commision raised privacy issues and claims of
    Message 1 of 1 , Dec 8, 2011
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      Representative Edward J. Markey [D-MA-7] in a December 2, 2011 letter to the
      chairman of the Federal Trade Commision raised privacy issues and claims of
      potential violations of Section 5 FTC "unfair or deceptive acts or
      practices" concerning reported technology developed by Carrier IQ, a cell
      phone monitoring provider. A recent item published in "Wired" magazine was
      an apparent impetus of Representative Markey's writing to the FTC. The
      effects of the reported technology are apparently applicable to Android,
      BlackBerry and Nokia users. Representative Markey's letter may be found at:

      <http://markey.house.gov/docs/2011_1201_letter_to_ftc.pdf>
      http://markey.house.gov/docs/2011_1201_letter_to_ftc.pdf

      Wireless carriers will be claiming that the data of 150 million potential
      users presently does not violate their privacy and the carriers' use of this
      software is only to diagnose smartphone and network issues. Senator Al
      Franken [D-MN] chairs the Senate Privacy Subcommittee and has also entered
      into the fray. Earlier this year he held hearings on the Location Privacy
      Act.

      A class action lawsuit has also recently been filed in the USDC for the
      District of Delaware in Jeffrey Pacilli et al v. Carrier IQ, Inc. et al. The
      complaint may be found at:


      <http://www.siannistraite.com/sites/default/files/Carrier%20IQ%20Class%20Act
      ion%20Complaint%202%20DEC%202011FINAL.pdf>
      http://www.siannistraite.com/sites/default/files/Carrier%20IQ%20Class%20Acti
      on%20Complaint%202%20DEC%202011FINAL.pdf

      Numerous bills, as well as FTC regulations, are pending regarding Internet
      tracking, keystroke monitoring, and location tracking. ISPLA has reported
      on them throughout 2011. As we enter the Second Session of the 112th
      Congress, we can expect more action from Representative Markey, who also
      co-chairs the bipartisan Congressional Privacy Caucus. He has been
      outspoken on providing privacy protections of personal consumer
      information. He is a longtime advocate of "opt-in" remedies. He has
      investigated the data privacy and security practices of Amazon, Apple,
      Facebook, and Google, and the four major wireless carriers as well as the
      Social Security Administration. He is our profession's "Nemesis" with a
      history of refusing to negotiate with private investigators regarding our
      concerns. Expect to hear more from him in 2012!

      Bruce Hulme
      ISPLA Director of Government Affairs
      <http://www.ispla.org/> www.ISPLA.org

      Your Proactive Voice from State Capitols to the Nation's Capitol


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