Privacy experts say that a pair of new mobile privacy bills recently introduced in Texas are among the “most sweeping” ever seen. And they say the proposed legislation offers better protection than a related privacy bill introduced this week in Congress.If passed, the new bills would establish a well-defined, probable-cause-driven warrant requirement for all location information. That’s not just data from GPS, but potentially pen register, tap and trace, and tower location data as well. Such data would be disclosed to law enforcement “if there is probable cause to believe the records disclosing location information will provide evidence in a criminal investigation.”
For full text of the article, please visit Texas proposes one of nation’s “most sweeping” mobile privacy laws | Ars Technica.
- Texas proposes one of nation’s “most sweeping” mobile privacy laws (arstechnica.com)
- Privacy Ref Introduces Interactive, Virtual Data Privacy Roundtable Series (prweb.com)
Disclaimer: These links were collected and accessed on April 8, 2012. This list is not intended to be comprehensive, but rather is a short bibliography of recent articles on unmanned aerial vehicles (UAV/ sUAV) and drones, with a primary focus on the legal and policy issues surrounding their use within the United States.
FAA LEGISLATION AND REGULATION OF DRONES
- The 2012 FAA Modernization and Reform Act of 2012 (H.R. 658 ENR; P.L. 112-95), signed Feb. 14, 2012, mandates that drones be fully integrated into American airspace by September 30, 2015. http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.658: and http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=2&vote=00015
- Senate Floor Debate of Conference Report on H.R. 658, FAA Reauthorization and Reform Act of 2012, February 6, 2012: http://www.c-spanvideo.org/program/SenateSession4969
- Conference Report on H.R. 658, FAA Reauthorization and Reform Act of 2012, Congressional Record Volume 158, Number 16 (February 1, 2012), House of Representatives, Pages H230 – H304, Posted to FAS Website: http://www.fas.org/sgp/news/2012/02/faa-uas.html
- FAA requires government and research organizations to apply for authorization before they can operate a drone. The Operation and Certification of Small Unmanned Aircraft Systems (SUAS), 76 Fed. Reg. 40,107 (July 7, 2011), available at http://www.gpo.gov/fdsys/pkg/FR-2011-07-07/pdf/2011-15494.pdf#page=16.
- Press Release – FAA asks for Public Input on UAS Test Site Selection, FAA, March 7, 2012: http://www.faa.gov/news/press_releases/news_story.cfm?newsId=13393
- FAA UAS General Information and Webinars: http://www.faa.gov/about/initiatives/uas
- Timeline for Rule-making (Geiger 2012): https://www.cdt.org/blogs/harley-geiger/2703drone-countdown
- Drones – Privacy Paradox: Privacy and Its Conflicting Values (Video), 2012 Stanford Law Review Symposium, The Center for Internet and Society, Stanford University, February 2, 2012 (video quality of symposium poor, but discussion interesting and includes video of what’s possible to do with drones): http://www.c-span.org/Events/Panel-Discusses-Domestic-Drones-and-Privacy/10737429618 and https://cyberlaw.stanford.edu/multimedia/drones-privacy-paradox-privacy-and-its-conflicting-values-video
- The Impact of Domestic Drones on Privacy, Safety and National Security (Video), Brookings Institute, April 4, 2012: http://www.brookings.edu/events/2012/0404_domestic_drones.aspx
- Robots that fly…and cooperate (Video), Professor Vijay Kumar, Department of Mechanical Engineering and Applied Mathematics, GRASP Laboratory, School of Engineering and Applied Science, University of Pennsylvania, TEDtalks [YouTube], March 1, 2012: http://www.youtube.com/watch?v=4ErEBkj_3PY and links to Kumar’s other YouTube videos:
- Acerman, Spenser. 2011. “Occupy the Skies! Protesters Could Use Spy Drones,” Wired Magazine, November 18, 2011: http://www.wired.com/dangerroom/2011/11/ows-drones
- Ackerman, Evan. 2011. “Could Domestic Surveillance Drones Spur Tougher Privacy Laws?” IEEE Spectrum Blog, IEEE Website, December 19, 2011: http://spectrum.ieee.org/automaton/robotics/military-robots/could-domestic-surveillance-drones-spur-tougher-privacy-laws
Thanks to Kevin Pomfret for passing this along.
M. Ryan Calo, Standford Law Review, December 12, 2011, 64 Stan. L. Rev. Online 29
Associated today with the theatre of war, the widespread domestic use of drones for surveillance seems inevitable. Existing privacy law will not stand in its way. It may be tempting to conclude on this basis that drones will further erode our individual and collective privacy. Yet the opposite may happen. Drones may help restore our mental model of a privacy violation. They could be just the visceral jolt society needs to drag privacy law into the twenty-first century. …
For full text of the article, visit The Drone as Privacy Catalyst – Stanford Law Review.
- Domestic Surveillance Drones Could Spur Tougher Privacy Laws (yro.slashdot.org)
- The Future Of Drones In America (forbes.com)
- Drones: Coming soon over a home near you? (usnews.msnbc.msn.com)
- Could Domestic Surveillance Drones Spur Tougher Privacy Laws? (spectrum.ieee.org)
S. 1732: Privacy Act Modernization for the Information Age Act of 2011, 12th Congress: 2011-2012
A bill to amend section 552a of title 5, United States Code, (commonly referred to as the Privacy Act), the E-Government Act of 2002 (Public Law 107-347), and chapters 35 and 36 of title 44, United States Code, and other provisions of law to modernize and improve Federal privacy laws. Sponsor: Sen. Daniel Akaka [D-HI]
For summary, full text, and status of this bill visit: S. 1732: Privacy Act Modernization for the Information Age Act of 2011 (GovTrack.us).
- Op-ed: The shocking strangeness of our 25-year-old digital privacy law (geodatapolicy.wordpress.com)
- Summary of Privacy Bills Introduced in Congress this Year (geodatapolicy.wordpress.com)
- Is Privacy Overrated? (forbes.com)
By Jim Dempsey, ArsTechnica Published October 21, 2011 11:07 AM
Op-ed: Twenty-five years after it was passed, the Electronic Communications Privacy Act still governs much of our privacy online, and the Center for Democracy and Technology argues that ECPA needs an overhaul. The opinions in this post do not necessarily reflect the views of Ars Technica.
Cell phones the size of bricks, “portable” computers weighing 20 pounds, Ferris Bueller’s Day Off, and the federal statute that lays down the rules for government monitoring of mobile phones and Internet traffic all have one thing in common: each is celebrating its 25th anniversary this year.
For full text of the article, visit Op-ed: The shocking strangeness of our 25-year-old digital privacy law.
Congressional Research Service Report: Privacy Protections for Personal Information Online
Summary: There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis. Federal laws and regulations extend protection to consumer credit reports, electronic communications, federal agency records, education records, bank records, cable subscriber information, video rental records, motor vehicle records, health information, telecommunications subscriber information, children’s online information, and customer financial information. Some contend that this patchwork of laws and regulations is insufficient to meet the demands of today’s technology. Congress, the Obama Administration, businesses, public interest groups, and citizens are all involved in the discussion of privacy solutions. This report examines some of those efforts with respect to the protection of personal information. This report provides a brief overview of selected recent developments in the area of federal privacy law. This report does not cover workplace privacy laws or state privacy laws.
For a copy of this report, see CRS Report R41756, Privacy Protections for Personal Information Online, by Gina Stevens, April 6, 2011.
For information on access to electronic communications, see CRS Report R41733, Privacy: An Overview of the Electronic Communications Privacy Act, by Charles Doyle.
- “Kerry-McCain Senate Bill Introduced to Protect Consumer Internet Privacy” and related posts (mybanktracker.com)
- MySpace Sued Over Privacy Loophole (blogs.wsj.com)
- Privacy Protective Android App Developed (infosecurity.us)
- Well-Meaning “Privacy Bill of Rights” Wouldn’t Stop Online Tracking (eff.org)
- Privacy dispute tests Obama’s earlier promises (news.cnet.com)
- The FTC And The Future Of Privacy Enforcement In America (businessinsider.com)
- Schwartz On Security: Online Privacy Battles Advertising Profits (informationweek.com)
- Europe Moves to Give Consumers Control of Online Advertising (pcworld.com)
- Online Advertisers Pitch Self-Regulation Framework (informationweek.com)
Source: Mark Burdon, Queensland University of Technology, Journal of Law, Technology and Policy, No. 1, 2010
Abstract: Online technological advances are pioneering the wider distribution of geospatial information for general mapping purposes. The use of popular web-based applications, such as Google Maps, is ensuring that mapping based applications are becoming commonplace amongst Internet users which has facilitated the rapid growth of geo-mashups. These user generated creations enable Internet users to aggregate and publish information over specific geographical points. This article identifies privacy invasive geo-mashups that involve the unauthorized use of personal information, the inadvertent disclosure of personal information and invasion of privacy issues. Building on Zittrain’s Privacy 2.0, the author contends that first generation information privacy laws, founded on the notions of fair information practices or information privacy principles, may have a limited impact regarding the resolution of privacy problems arising from privacy invasive geo-mashups. Principally because geo-mashups have different patterns of personal information provision, collection, storage and use that reflect fundamental changes in the Web 2.0 environment. The author concludes by recommending embedded legal, organizational technical and social solutions to minimize the risks arising from privacy invasive geo-mashups that could lead to the establishment of guidelines to assist courts and regulators with the protection of privacy in geo-mashups.
For full text of the article, click here.
- Technology chief seeks early passage of data privacy bill (newsinfo.inquirer.net)
- Privacy by Design at Microsoft (blogs.technet.com)
- Canada Finds Google Violated Privacy Laws (techdailydose.nationaljournal.com)
- Google mapped more than addresses: privacy czar (ctv.ca)