[sudo-discuss] [law thread] privacy, mobile apps, innovation

[Romy Ilano]

I'm starting a law-related thread, there are a lot of smart law people here.

I'm a mobile app developer + a lot of people I know were at this workshop
today.


http://techpresident.com/news/23721/california-attorney-general-kamala-harris-mobile-innovation-i-dont-want-shut-it-down

California Attorney General Kamala Harris Talks Mobile Innovation, Privacy,
and the Law

BY SARAH LAI STIRLAND <http://techpresident.com/blog/76848> | Wednesday,
April 10 2013

California Attorney General Kamala Harris on Wednesday urged mobile
software developers to explain to users how their products work as clearly
as possible so that there are no nasty surprises -- both on the part of the
end users, and the developers who may hear from her office for privacy
violations.

"Let’s not stop the innovation. I don’t want to shut it down," she told a
roomful of developers and businesspeople at the startup co-working office
space Runway Workspace in the South of Market area of San Francisco. "But
what we do have to do is to give the user information, and let the user,
not anyone else, make the choice about the tradeoff."

Harris spoke at an event organized by her own office, the University of
California Hastings (her alma mater) and the Association for Competitive
Technology, an association in Washington, D.C. that represents individual
software developers who often can't afford to hire their own in-house
privacy counsel. Her remarks come as the Obama administration itself is
struggling to work with all kinds of stakeholders on how to best protect
consumers in a world where their devices are always on, and using the
attributes of personal information and location to build their businesses.

Harris' office published a 20 page-plus booklet of checklists and
recommendations for app
developers<http://oag.ca.gov/sites/all/files/pdfs/privacy/privacy_on_the_go.pdf>to
be mindful of when creating their products this January. The Electronic
Frontier Foundation<https://www.eff.org/deeplinks/2013/01/california-attorney-general-releases-mobile-privacy-recommendations>,
a digital rights group, praised the recommendations, but several
advertising associations, including the American Association of Advertising
agencies, called them "unworkable."

Her office established a special privacy enforcement and protection unit
last July, staffed with some high-powered lawyers, such as Travis LeBlanc,
formerly a lawyer at the white-shoe law firms of Williams & Connelly in
Washington, D.C., and Keker & Van Nest in San Francisco.

How state attorneys general approach privacy in the digital world is of
great interest to practitioners in political technology. San
Francisco-based Organizer, for example, enables campaigns to track their
field canvassers with GPSes on their mobile phones as they knock on doors
and updates information in its voter database in real-time as volunteers
collect new data. As users do more and more from their phones, mobile
advertising has gained increasing attention from political campaigns. And
one of the biggest innovations to come from the Obama campaign in 2012 was
software that avoided potential Federal Election Commission roadblocks
against collecting mobile donations by allowing donors to authorize, by
text message or otherwise, a gift from their credit card account already on
file.

The terms of service governing these and many other applications are
breaking new legal ground, and consumers are just beginning to understand
how their data is shared, used, bought and sold — in politics and otherwise.

Harris is an apt character to follow in the privacy debate. She may be the
only attorney general in the country to have made privacy policies a
campaign issue when, in 2010, she accused her then-Democratic rival Chris
Kelly, Facebook's former chief privacy officer, of giving Facebook's users'
information away, a charge that Kelly's campaign denied.

"Some people might not mind giving up their contact list to get that mobile
app, because they only have four people in it, and they don’t like them
anyway," Harris joked at the event. "Me, not so much. I don’t want to give
up my contact list. Let the user figure out what the benefit is before they
give it up."

Harris urged developers to tell their users as much as possible about how
they use their information, and to give them 'tools' to let them make their
choices. The Association for Competitive Technology is working on such
tools, like a privacy dashboard <http://www.bitly.com/pridash> that would
tell app users, through icons, what information is being collected.

"I am a career prosecutor. I know the great power that we have," Harris
told the audience. "I learned at a very young age in my career that with a
swipe of my pen, I could charge someone with a misdemeanor, the lowest
level of crime possible, and by virtue of doing that, that person would
have to pick out of their pockets to hire a lawyer. They may be arrested,
they may spend a couple of hours or days in jail, they’ll be embarrassed in
the context of their family and community, probably have to miss time from
work for court appearances – all because I charged him with a crime. It’s
an incredible amount of power that we have, and we’re well aware of that."

Some developers at the meeting Wednesday morning said that they weren't
aware of all of the legal requirements they had to fulfill when building
their apps, and some even suggested that Google wouldn't have been possible
as a company had all these rules on privacy been in place at its founding,
a notion that LeBlanc contested during a later panel.

Jerome Starch, a developer who attended a NASA hackathon in March and who
is developing an app with information from NASA to get kids interested in
science, stood up after Harris left, and said her words "terrified" him.

Morgan Reed, ACT's executive director, re-assured him, saying that NASA
uses Privo, a service that ensures app compliance with the Children's
Online Privacy Protection Act. <http://www.provo.com/>

Jonathan Nelson, another entrepreneur who spoke that morning, drew cheers
when he said, "What I really want is privacy as a service for $5 a month."
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://sudoroom.org/pipermail/sudo-discuss/attachments/20130410/d383d01d/attachment.html>