- WASHINGTON -- A bill introduced
in the Senate is intended to protect cell phone users from what some are
calling the next "Big Brother."
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- The bill, introduced by Sen. John Edwards, D-N.C., would
allow consumers who use mobile communication devices, such as cell phones,
pagers, Palm Pilots and global positioning systems, to choose whether
they want their location to be monitored.
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- The idea is to protect consumers from marketers who
want to track their whereabouts and sell the information without permission.
Read Edwards' press release. "If you have a cell phone in your
pocket or Onstar in your car, somebody knows where you are at all times,"
Edwards says. "This bill is designed to make sure no one misuses your
personal information."
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- According to the legislation, wireless services would
have to notify consumers when tracking their location and could not disclose
or sell the data without getting consent. Consumers would need to see
the information before it is given to anyone and would have the ability
to correct errors. Opt-in or opt-out?
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- However, Debbie Frakes, vice president of communications
for Onstar, a global positioning system for GM vehicles that can track
a car's location in case of an accident or for directions, called Edwards'
comments "ludicrous."
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- According to Frakes, Onstar, which has more than 1 million
subscribers, can pinpoint your location only if you press a button or
are in an accident where the air bag is deployed. Onstar is owned by General
Motors (GM: news, msgs, alerts) .
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- Other mobile tracking devices include Airbiquity's global
positioning system, which attaches to cell phones. Like Onstar, pressing
a button activates the system. Both systems use an "opt-in"
approach to service, where users activate the system themselves. Contrary
to the "opt-out" approach, which asks users whether they want
to be located, with "opt-in," consumers are tracked only if
they press a button.
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- "Opt-in is really only the way to go," said
Andy Rimkus of privately held Airbiquity. "Giving customers the option
is critical."
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- Technology policy analysts expect the bill to get wide
support in the Senate but are unsure how quickly it will move through
Congress. Ari Schwartz, associate director for the Center for Democracy
and Technology, a group that promotes civil liberties on the Internet
and in other new technologies, says the legislation is a first step toward
protecting cell phone users from being tracked by companies hungry to
make some extra money. "The legislation is important because it's
forward-looking in terms of ensuring a marketplace for the new wireless
tools so they don't become digital dog tags, tracking individuals wherever
they go," Schwartz says.
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- He adds that the issue has wide support in the Senate,
and there hasn't been any vocal opposition to date. However, David Sobel,
the Electronic Privacy Information Center's general counsel, says that
before the legislation is passed, its language needs to be clarified.
"It really comes down to details and making sure consumers are
given meaningful and easy to use control of information" David
Sobel, counsel for Electronic Privacy Information Center
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- He said the section that would allow consumers to decide
whether they want their location disclosed is too vague and could lead
to sketchy fine print. He also questioned the bill's definition of "consent,"
saying the bill's broad wording could lead to "a lot of mischief."
"It really comes down to details and making sure consumers are
given meaningful and easy to use control of information," Sobel said.
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- Travis Larson, a spokesman for the Cellular Telecommunications
and Internet Association, which represents the interests of wireless companies
and Internet service providers, including Onstar, America Online (AOL:
news, msgs, alerts) and Sprint PCS (PCS: news, msgs, alerts) , declined
to comment on the legislation because he hadn't read it. But he says cellular
privacy is a primary issue for his organization.
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- According to a Federal Communications Commission spokeswoman,
the association recently submitted a request for a set of privacy rules
to be enacted. The FCC is reviewing the request.
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- "The wireless industry only makes money when people
have their phones on," Larson said. "If people are constantly
being spammed on their cell phones, then they are going to turn them off."
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