October 2013

Court says police need a warrant to track vehicles via GPS

A federal appeals court has ruled that the government must obtain a warrant to attach a GPS unit to a car.

The Third Circuit Court of Appeals held in a two-to-one decision that attaching a GPS device to a car without a warrant is an "unreasonable search," and therefore unconstitutional. The ruling extends a recent Supreme Court ruling, which found that GPS tracking constituted a search but did not rule on whether it's reasonable to conduct such a search without a warrant. American Civil Liberties Union Staff Attorney Catherine Crump, who had argued before the panel, called the decision "a victory for all Americans because it ensures that the police cannot use powerful tracking technology without court supervision and a good reason to believe it will turn up evidence of wrongdoing."

Tech breakthroughs for the disabled

Recent technology breakthroughs promise to greatly improve the lives of the disabled:

  • Smartphones: a device that once was used only to make phone calls could connect users to data and each other with a minimum of keystrokes, making it especially useful for those with limited digital dexterity.
  • Voice-recognition and text-to-speech software: The continuing refinement of speech recognition technology has evolved to the point where the visually impaired can hear a computer speak the words in a document or hear an incoming text message or voice mail from a friend.
  • Social media platforms: these sites serve to connect people who otherwise might remain out of touch -- a service with immeasurable emotional value to those whose disabilities limit their time out of the home.

Google has nothing to fear from new EU data law

Google, Facebook and other US technology companies have been given a wake-up call with moves by Europe to impose stricter rules on data protection, but have nothing to fear from them, one of the architects of the legislation said.

Jan Philipp Albrecht, a 30-year-old German from the Greens party, who was the lead parliamentary negotiator on the legislation, said, “the new rules don't just apply to US companies, they apply to companies everywhere around the world, including in Europe, handling European data."

Public Media is Expanding Knowledge and Dialogue Around Challenges and Solutions to Improve Community Outcomes

The Corporation for Public Broadcasting (CPB) released a new report from the Everyone Graduates Center at the Johns Hopkins University School of Education confirming the impact that public media stations continue to have in helping to improve high school graduation rates.

The report finds that the American Graduate initiative has succeeded in building community capacity to meet the national priority of ending America’s high school dropout crisis. Public media has achieved this success by raising awareness and building knowledge of the issue, highlighting proven solutions, ensuring a sustained multi-sector response and fostering collective community action toward common goals -- key strategies identified in the Civic Martial Plan for a Grad Nation as essential for progress. The Corporation for Public Broadcasting’s initiative, American Graduate: Let’s Make It Happen, has demonstrated that by combining personal communication with high-quality media products, public media have a critical, unique and valuable role in meeting this national priority. The evidence from the first 18 months of American Graduate shows the value of public media’s role in helping communities understand and address pressing national challenges. The initial successes set the stage for sustainable on-going work and show that American Graduate has the potential for long- term impact through its public media stations, in partnership with each community they serve.

Public Knowledge, AT&T Weigh in With Hill On IP Trials

In prepared testimony for a House Communications Subcommittee on the transition from traditional voice to IP-delivered telecommunications, Public Knowledge SVP Harold Feld says the fab five values policymakers should make touchstones for the Internet protocol (IP) transition are: 1) Service to All Americans, 2) Interconnection and Competition, 3) Consumer Protection, 4) Reliability, and 5) Public Safety.

AT&T obviously sees it differently, but it gives Feld credit too. In his prepared testimony AT&T SVP James Cicconi complimented Feld on "identifying the key consumer protections needed for a successful IP transition. We may end up differing on details," he said, "but their framework is sound. Clearly the fundamental principles of universal connectivity, interconnection, consumer protection, reliability and public safety are hallmarks of our Nation’s commitment to communications and cannot be lost in this process."

Powell On NCTA’s 2014 Priorities: ‘Broadband, Broadband and Broadband’

The National Cable and Telecommunications Association (NCTA) expects to have a full docket in 2014, but when asked to boil down the organization’s priorities heading into next year, president and CEO (and former FCC chairman) Michael Powell identified three: “Broadband, broadband, and broadband.”

That’s partly because broadband “is still relatively virgin from a policy and regulatory standpoint. It’s not really very old,” he said. Powell echoed the NCTA’s stance that network neutrality rules “were fundamentally unnecessary,” noting that cable has no economic desire to prevent customers from accessing content over broadband. “An open Internet is critical to the vibrancy to that platform.”

In-store tracking tech companies agree to customer privacy code

A group of in-store tracking technology companies have agreed to a code of conduct that will let customers know when they’re being tracked and how to opt-out. Stores using the technologies of the companies that signed onto the code will have to post “conspicuous signage” that customers are being tracked and must provide “a central opt-out site for consumers,” according to the statement announcing the code of conduct. Additionally, the tech companies that have signed onto the code face limitations on how the data is used and for how long it is retained. Under the code, the companies must have customer consent to collect personal data.

Jules Polonetsky, executive director of the Future of Privacy Forum, said that the code is “comprehensive,” one that provides standards that require companies “to de-identify data, to provide consumers with effective choices to not be tracked and to explain to consumers the purposes for which data is being used.”

Aaron's Rent-To-Own Chain Settles FTC Charges That it Enabled Computer Spying by Franchisees

Aaron’s, a rent-to-own retailer, has agreed to settle Federal Trade Commission charges that it knowingly played a direct and vital role in its franchisees’ installation and use of software on rental computers that secretly monitored consumers including by taking webcam pictures of them in their homes.

According to the FTC’s complaint, Aaron’s franchisees used the software, which surreptitiously tracked consumers’ locations, captured images through the computers’ webcams -- including those of adults engaged in intimate activities -- and activated keyloggers that captured users’ login credentials for e-mail accounts and financial and social media sites.

Under the terms of the proposed consent agreement with the FTC, Aaron’s will be:

  • Prohibited from using monitoring technology that captures keystrokes or screenshots, or activates the camera or microphone on a consumer’s computer, except to provide technical support requested by the consumer.
  • Required to give clear notice and obtain express consent from consumers at the time of rental in order to install technology that allows location tracking of a rented product. For computer rentals, the company will have to give notice to consumers not only when it initially rents the product, but also at the time the tracking technology is activated, unless the product has been reported by the consumer as lost or stolen.
  • Prohibited from deceptively gathering consumer information.
  • Prevented from using any information it obtained through improper means in connection with the collection of any debt, money or property as part of a rent-to-own transaction.
  • Required to delete or destroy any information it has improperly collected and transmit in an encrypted format any location or tracking data it collects properly. Required to conduct annual monitoring and oversight of its franchisees and hold them to the requirements in the agreement that apply to Aaron’s and its corporate stores, and to terminate the franchise agreements of franchises that do not meet those requirements.

NIST Releases Preliminary Cybersecurity Framework, Will Seek Comments

The Department of Commerce's National Institute of Standards and Technology (NIST) released its Preliminary Cybersecurity Framework to help critical infrastructure owners and operators reduce cybersecurity risks in industries such as power generation, transportation and telecommunications.

NIST will soon open a 45-day public comment period on the Preliminary Framework and plans to release the official framework in February 2014, as called for in Executive Order 13636 -- Improving Critical Infrastructure Cybersecurity. The Preliminary Framework outlines a set of steps that can be customized to various sectors and adapted by both large and small organizations while providing a consistent approach to cybersecurity. It offers a common language and mechanism for organizations to determine and describe their current cybersecurity posture, as well as their target state for cybersecurity. The framework will help them to identify and prioritize opportunities for improvement within the context of risk management and to assess progress toward their goals.

How FreedomPop is separating voice from data on its new VoIP phone service

FreedomPop launched one of the country’s first all-Internet protocol (IP) mobile services. Consequently, it has to deal with an interesting problem facing all future IP mobile operators: If all your traffic is running over the same data connection, how do you distinguish between voice, SMS and internet traffic so you can charge accordingly?

The company is solving that problem by working with Telespree, which provides a cloud-based monetization service for carriers. Basically, Telespree is picking apart all of the CDMA and WiMAX (and eventually LTE) data traffic that traverses FreedomPop’s phones. That way it knows not to count a VoIP call or an IP SMS message against a customer bucket of megabytes. That all seems rather simple, but teasing voice out of the data stream is just a first step. FreedomPop is a ‘freemium’ operator: it’s giving away 500 MB, 200 voice minutes and 500 text messages to its customers for free, but it plans to offer value-added services on top of those core communications apps. FreedomPop will eventually start letting its customers trade and earn minutes and texts like they can data, FreedomPop CEO and co-founder Stephen Stokols confirmed. But the more interesting idea is how it could combine those freemium and currency models using Telespree’s technology. Eventually, the big operators will be able to offer similar kinds of enhanced communications services when they launch their voice-over-LTE networks. But it’s doubtful they will adopt the same kind of pricing models that carriers like FreedomPop is experimenting with. FreedomPop and competitors like TextNow and Scratch Wireless are mobile virtual network operators (MVNOs) meaning they’re only renting time on another carrier’s network (in all three cases Sprint’s). To them, mobile megabytes and minutes are the expenses of doing business. For the network operators, selling data and voice plans is core to their business strategies.