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ISPLA Update - Proposed "Mobile Device Privacy Act"

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  • Peter Psarouthakis
    Rep. Edward Markey [D-MA-7] has prepared draft legislation of the Mobile Device Privacy Act relative to last year s disclosure of geolocation of cellphones
    Message 1 of 1 , Feb 7 6:29 AM
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      Rep. Edward Markey [D-MA-7] has prepared draft legislation of the "Mobile
      Device Privacy Act" relative to last year's disclosure of geolocation of
      cellphones by the company Carrier IQ to communication carriers, telephone
      equipment manufactures, and operating systems manufacturers like Apple and

      In a follow-up last week, The Washington Post writes: "The push for
      legislation comes after it was found that a piece of software called Carrier
      IQ was installed in about 150 cellphones from AT&T, Sprint and T-Mobile. The
      software recorded data such as carrier networks, data transmission speeds,
      phone numbers called, Web sites visited and battery life. The software was
      designed to tell mobile carriers about the status of their networks, but the
      company admitted in December that its software might have captured
      keystrokes or the content of messages by accident."

      Rep.Markey wants the Federal Trade Commission to investigate whether Carrier
      IQ was being unfair or deceptive toward consumers, saying that the software
      raised serious privacy concerns. Federal investigators are believed to be
      investigating those allegations.

      In a press release from Markey's office he states: "Consumers may have no
      idea that through monitoring software their mobile devices are transmitting
      personal information, including who is called and what is typed in text
      messages, to third parties, including companies such as Carrier IQ. The
      presence of this type of monitoring software on mobile devices should be
      disclosed to consumers, says Congressman Edward J. Markey (D-Mass.),
      co-Chair of the Bi-Partisan Congressional Privacy Caucus. Which is why
      today, Rep. Markey released a discussion draft of "The Mobile Device Privacy
      Act," legislation that would require companies to disclose to consumers the
      capability to monitor telephone usage, as well as require express consent of
      the consumer prior to monitoring. News broke last month that Carrier IQ
      software installed on millions of smart phones and mobile devices can track
      every keystroke of users and send the information back to the software
      company without user knowledge or permission."

      Representative Markey states his "Mobile Device Privacy Act" would protect
      consumers by requiring:

      . Disclosure of mobile telephone monitoring software, including when
      a consumer buys a mobile phone; after sale, if the carrier, manufacturer, or
      operating system later installs monitoring software; and if a consumer
      downloads an app and that app contains monitoring software.

      . Disclosure to include the fact that the monitoring software has
      been installed on the phone, the types of information that are collected,
      the identity of the third party to which the information is transmitted, and
      how such information will be used.

      . Consumer consent be obtained before monitoring software begins
      collecting and transmitting information.

      . Third party receiving the personal information must have policies
      in place to secure the information.

      . Agreements on transmission to third parties must be filed at the
      Federal Trade Commission (FTC) and Federal Communications Commission (FCC).

      . Outline an enforcement regime for the FTC and FCC, along with
      State Attorney General enforcement and a private right of action.

      Link to Representative Markey's 15-page draft of his "Mobile Device Privacy
      Act" is at:


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

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