GPS, Location Data & Privacy Legal News Roundup

Congress Advances Bill To Protect Cell Phone Users’ Privacy
Forbes

The Supreme Court showed unanimity in its discomfort with electronically tracking people without a warrant in its GPS tracking decision in January. But as conveyed by the justices’ written opinions, the splintered reasoning behind rebuking the practice of placing a geo-tracking device on someone’s car without a warrant laid bare the disconnect between how far our technology has come and the outdated privacy protection laws that are struggling to keep pace.

Location Bill Would Slow Down Investigations, Officials Say
PC Magazine

At issue is the Geolocation Privacy and Surveillance (GPS) Act. Different jurisdictions have issued conflicting rulings about how to handle location-based data.

Police Efforts to Ban Citizen Taping Beaten Back by Obama’s DOJ
DailyTech

Cell phone data grabbing, GPS tracking, “national security letters”. Law enforcement argues that accountability via taping violates officers rights to privacy. ACLU disagrees.

Cops, ACLU clash over GOP bill tracking mobile phones
The Hill

The Geolocation Privacy and Surveillance Act, sponsored by Reps. … if a grand jury prosecutor could subpoena historical GPS data in an investigation, …

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Privacy Alert: Privacy Legal News Roundup

State Worker Notebook: Privacy a concern for some employees
Statesman Journal

The idea of context-specific privacy is gaining a lot of cachet, so much so that the Obama administration features it as a major aspect of a proposed new Consumer Privacy Bill of Rights. “Consumers have a right to expect that companies will collect, store and use personal information in a manner consistent with the context within which it’s collected.

Third annual Privacy Identity Innovation conference opens today in Seattle
Virtual-Strategy Magazine

The White House recently recommended a Consumer Privacy Bill of Rights, and the European Union is days away from requiring companies to get consent from website visitors before storing advertising cookies on their devices.

San Francisco Tackles the Issue of Unlawful Government Surveillance
Highbrow Magazine
by Elliot Owen

San Francisco civil rights advocates who are concerned about what they call domestic spying on the city’s Arab, Middle Eastern, Muslim and South Asian (AMEMSA) communities are celebrating new legislation signed into law on May 9.

US Senator Takes Wrong Turn on DOJ’s GPS Tracking Requests
eWeek

US Senator Al Franken’s letter to US Attorney General Eric Holder regarding the US Justice Department requests for GPS location data from phone companies appears to be based on a flawed understanding of the law.

Failure of credit-reporting agencies to fix mistakes afflicts thousands
Toledo Blade

They can look like harmless errors: A misspelled name. A transposed number. A paid debt listed as past due. Mistakes on credit reports can inflict widespread damage. And because there are insufficient rules on how credit-reporting agencies must correct them, Americans are left virtually powerless to erase the mistakes.

Fashion Law: Legal News Roundup

Israel’s Ban on Ultra-Thin Models

FASHION-SAFRICA-NIGERIA-BAKARE
FASHION-SAFRICA-NIGERIA-BAKARE (Photo credit: Bohan Shen_沈伯韩)

 

The Atlantic

By Talya Minsberg A new Israeli law prohibits fashion media and advertising from using Photoshop or models who fall below the World Health Organization’s standard for malnutrition. When a 14-year-old girl delivered a 25,000-signature petition this week to Seventeen asking them to curb their use of Photoshop, the magazine issued a press statement that congratulated the girl on her ambition but was conspicuously silent on changing their editorial practices.

An Impossible Conversation About the Met’s Spring 2012 Costume Institute Exhibit

Huffington Post (satire)

So, culturally and historically, the reason women care so much about fashion is that until very recently, we weren’t allowed professional, legal or vocal ways of expressing ourselves. Fashion was a way of articulating our feelings about ourselves.

Small Aussie fashion label turns George Lucas legal threat into ‘Star 
Dallas News Small Aussie fashion label turns George Lucas legal threat into ‘Star Wars‘ clothing deal.

AsianFashionLaw | Page 5
Fashion lawyers are legal experts too. Sometimes I feel as though people think I am in design studios all day twiddling my thumbs as I look at models wearing 
www.asianfashionlaw.com/page/5/

Adidas-India’s ex-MD slaps legal notice on company – Fashion United
The Adidas-saga in India seems to be taking a different turn. – Fashion India News, Network, Business Community, fashion industry, international, platform for 
www.fashionunited.in/…/adidas-indias-ex-md-slaps-legal-notic…

Social Media World Legal News Roundup

The Government Would Like You to Write a ‘Social Media Will’
The Atlantic

This person will be responsible for closing your email addresses, social media profiles, and blogs after you are deceased. Sounds good, but legally it’s tricky territory.

Rights Groups: Asian Media Freedoms Under Fire
Voice of America

SEAPA says the key trend is that governments are shifting focus from traditional broadcast and print media to social media and online news. SEAPA Executive Director Gayathry Venkiteswaran said online news sites have become the most frequent target.

Liberia: Will Social Media Increase Civic Engagement?
Global Voices Online

CT: The growing usage of the internet and social media in Liberia is certainly a progressive trend. Having worked in Liberia, can you briefly tell us how the internet and social media are viewed by the cross sections of the Liberia population?

Global Voices Online MyCorporation Introduces New Social Media Product
Sacramento Bee

By MyCorporation CALABASAS, Calif., May 3, 2012 — /PRNewswire/ — Calabasas-based company MyCorporation is releasing a new social media product to benefit small businesses, MyCorpSocial.

Students’ racist tweets about Boston hockey game put schools in a bind
msnbc.com (blog)

Hordes of angry hockey fans – presumably Boston Bruins fans — unleashed a barrage of racist rants on Twitter and other social-networking sites after the Washington Capitals beat the defending champion Bruins a week ago Wednesday on an overtime goal.

Keep it private – your Facebook password should not be shared: Commissioner …
Canada NewsWire (press release)

Some of the issues covered in depth in the paper include: Build up a positive online social media profile. “It is absolutely crucial to remember that anything you post online may stay there forever, in one form or another, so think carefully.

Canadians encouraged to plan for online estates
CBC.ca
(CBC)

Canadian consumers are being encouraged to consider their online property, including social media accounts, when planning a will. A new report released earlier this week by the BMO Retirement Institute raises concerns.

SNOPA
Continued concern about employers asking applicants and employees for their passwords to social media sites has led to the introduction of a federal bill.

Social Media World Legal News Roundup

The legal and regulatory environment impacting social media is constantly evolving. Here is a collection of recent articles impacting everything from law enforcement use of social media to new legislation.

A social media tip line for police
Boston.com
“Use of social media has provided an additional outlet for people to interact with law enforcement” says Lauri Stevens – founder of LAwS Communications, a consulting company that helps law enforcement agencies expand into social media.

Social media limits and the law
Monterey County Herald
Leland Yee, a San Francisco Democrat, introduced a bill that would prohibit employers, public or private, from requiring or requesting in writing a prospective employee to disclose user names or passwords for personal social media accounts.

Ariz. bill says unlawful to ‘annoy’ others online
BusinessWeek
“Speaking to annoy or offend is not a crime,” Media Coalition Executive Director David Horowitz said. Horowitz said if the proposal becomes law, speech done in satire, political debate or even sports trash talking could get people in unnecessary legal trouble.

Social Media in China, Innovation
Washington Post
Apr. 2, 2012 – April 2 (Bloomberg) — Vivek Wadhwa, fellow at Stanford Law School and head of academics at Singularity University, talks about social media in China and innovation.

UAE legal experts want libel to apply to social networking sites
GMA News
Claiming that Facebook, Twitter and other social networking sites can be used to spread rumors and false information, the legal community in the United Arab Emirates (UAE) is seeking that libel laws be applied to offenders on the Internet.

Is Your Facebook Password Like Your Mail, House Key, or Drug Test?
The Atlantic
A day after it was proposed, the amendment was voted down — almost entirely along party lines — thus closing one door to social media privacy legislation, at least on the national level. (There are similar social media privacy laws — full bills, …

Sponsor: Arizona bill isn’t aimed at Internet trolls
CNN
The fear is that the bill would prohibit hateful comments on news and social-media sites, amounting to a ban on so-called Internet trolling. The problem: The bill won’t do any of that, its sponsor told CNN on Wednesday. “I think they’re absolutely …

How Family Law Attorneys Use Social Media Evidence [Infographic]
PR Web (press release)
Family Law Attorneys Dishon & Block formally released today an infographic that illustrates how attorneys use social media to collect “smoking gun” evidence for divorce and child custody cases. With the advancement in technology and modernizing of laws …
See all stories on this topic »
PR Web (press release)

Will the News of the World voicemail snooping saga accelerate US privacy reform?

The United States is one the few countries in the developed world that lacks a comprehensive law protecting consumer privacy. Geolocation, personalized ads, group-buying deals, tracking cookies and other technologies have a wide range of privacy implications. Incidents like the phone-hacking scandal in the U.K. underscore the growing concern among both the general public and Congress here in the U.S.

Unlike citizens in Europe, Asia and Latin America, U.S. laws addressing rights and obligations surrounding sensitive-information tend to be sector-specific and inconsistent (HIPPA, COPPA, etc.). Notably, the FTC, the federal agency tasked with safeguarding consumers, has taken a largely laissez-faire approach. The result of Guidelines and enforcement actions is essentially a policy of “do as you like, just don’t lie about it.”

While congressional attention has been focused on updating the regulatory regime, the current legislation reflects the piecemeal approach of the past. Here is a break-down of the Five leading government privacy initiatives. Bills starting with H.R. are from the US House, and bills starting with S. are from the US Senate. The numbers are from the 112th Congress: 2011-2012.

H.R. 654: Do Not Track Me Online Act, sponsored by Rep. Jackie Speier [D-CA12] is to direct the Federal Trade Commission to prescribe regulations regarding the collection and use of information obtained by tracking the Internet activity of an individual, introduced Feb 11, 2011. Status: This bill is in the first step in the legislative process.

S. 913: Do-Not-Track Online Act of 2011, sponsored by Sen. John Rockefeller [D-WV] is a bill to require the Federal Trade Commission to prescribe regulations regarding the collection and use of personal information obtained by tracking the online activity of an individual, introduced May 9, 2011. Status: This bill is in the first step in the legislative process.

H.R. 1895: Do Not Track Kids Act of 2011, sponsored by Representatives Edward J. Markey, Massachusetts Democrat, and Joe Barton, Texas Republican, is aimed specifically at internet marketing to minors, introduced May 13, 2011. Status: This bill is in the first step in the legislative process.

S. 413: Cybersecurity and Internet Freedom Act of 2011, associated with the phrase the “internet kill switch” was, sponsored by Sen. Joseph Lieberman [I-CT], introduced Feb 17, 2011. Status: This bill is in the first step in the legislative process.

S. 799: Commercial Privacy Bill of Rights Act of 2011, sponsored by Sen. John Kerry [D-MA] Introduced Apr 12, 2011. Status: This bill is in the first step in the legislative process

Complete text of the various bills is available at GovTrack.us.

ABOUT THE AUTHOR

David M. Adler, Esq. is an attorney, author, educator, entrepreneur and partner at the boutique intellectual property, entertainment & media law firm LEAVENS, STRAND, GLOVER & ADLER, LLC based in Chicago, Illinois. My responsibilities include providing advice to business units and executives on copyright, trademark, ecommerce, software/IT, media & entertainment and issues associated with creating and commercializing innovations and creative content, drafting and negotiating contracts and licenses, advising on securities laws and corporate governance and managing outside counsel. Learn more about me here: http://www.ecommerceattorney.com and here: hLeavens Strand Glover & Adler, LLC