Spatial Law and Policy Update (April 28, 2014)

SPATIAL LAW AND POLICY UPDATE

"Where Geospatial Technology Is Taking the Law"

Privacy

MY QUESTION TO NIGERIAN’S WHO CLAIM THEIR LOCATION PRIVACY IS INVADED  (Strategy and Geography) 

The Privacy Paradox and the Boston Marathon  (Spatial Law and Policy Blog)

InBloom Wilts Amid Privacy Backlash  (IAPP) Well funded education tech company goes out of business due to privacy concerns over business model. "Regardless of the merits of either of these arguments, the lesson for companies in ed tech and beyond should be loud and clear: Privacy is a core business concern. And as should be evident from the inBloom case, getting it right means a lot more than just complying with applicable laws and regulations. Privacy isn’t just about regulatory compliance. It’s about setting the tone of your message, managing consumer expectations, bringing the public along with you for the ride, avoiding privacy lurches  and not creepy . It’s more an art than a science."

Case Law: Weller v Associated Newspapers Limited, Paparazzi, beware – Alexia Bedat  (Informms Blog)  Detailed discussion of how UK court examines privacy tort claims. 

If You Get A Misdelivered Package, UPS Will Give A Stranger Your Home Address  (Forbes) I wonder how big of a concern this would have been 20 years ago?

Privacy Laws in Asia  (JDSupra)

Licensing

The Supreme Court's struggle to grasp Aereo's tiny TV antennas  (LA Times)  The Supreme Court's decision in this case could impact the geospatial community.

Licensing and the public domain  (Spatial Reserves)  Blog post discusses various open licensing types, including the ODbL. "For some organisations integrating OSM data with their own private data, or organisations who are mandated to make their data available in the public domain (for example the US Geological Survey), wider use of this data resource is not an option and the benefits of crowd-sourced, free and open datasets like OSM will never be fully realised."

Data Quality

Data Scientists Not Required: New Alteryx Release Puts Predictive and Customer Analytics in the Hands of Every Analyst  (Directions) Critical, real-time decision making being pushed further down into organizations may result in data being used/analyzed in ways it is not suitable. 

CreepShield Claims to Out the Creeps in Online Dating  (NYT) The site returns results showing the photos and names of offenders in its database — even when they are obviously far from a match.

GPS may not keep pace with I-49 name change, app developer says (4029tv.com)

Government

    Spatial Data Infrastructure/Open Data

    Draft Open Data Policy for Qatar  

   

    Public Safety/Law Enforcement/National Security

    Mapmaker Who Used Chinese Subcontractors to Create Military Maps Gets Probation  (CBS)

    Sheriff ran air surveillance over Compton without telling residents (LA Times) Sheriff did not feel it was important to notify residents because there were already a number of CCTV cameras on the ground. 

    Prosecutors: GPS device tracked murder victim  (wdnt) Troubling if true. 

    ACLU Argues Against Warrantless Cell Phone Tracking Before Federal Appeals Court  (ACLU) 

Technology Platforms

GNSS

Japan’s Plan for Centimeter-Resolution GPS  (IEEE Spectrum)

Indoor Location

Survey of 9-1-1 Dispatchers Finds Many Indoor Callers Cannot Be Located on Wireless Phones  (Directions)

UAVs

Texas EquuSearch Files Suit Against FAA  (UAVSI) 

Drones could revolutionize weather forecasts, but must overcome safety concerns  (Washington Post)

Sensible regulation of small drones would foster innovation and protect privacy  (IEEE Spectrum)

Drone flight near Vancouver airport attracts Transport Canada, RCMP attention  (CTV News)

Internet of Things/Smart Grid/Intelligent Transportation Systems/Autonomous Vehicles

British Gas' smart Hive thermostat can now respond to a home owner's location  (engadget)

Why Data from Automated Vehicles Needs Serious Protection  (GPS World) "The data generated is both of a critical and personal nature. And data that is moving in and out of the vehicle to be processed elsewhere or to communicate with other vehicles is particularly vulnerable. The consequences are far greater than a violation of privacy or a stolen identity."

Overcoming speed bumps on the road to telematics  (Deloitte)

Remote Sensing

Russian Sanctions Have Killed Canadian Satellite Launch  (Sensor and Systems)

Crowdsourcing

AMATEUR FOOTAGE: A GLOBAL STUDY OF USER-GENERATED CONTENT IN TV AND ONLINE-NEWS OUTPUT  Study suggests that crowd sourced content does not receive proper attribution.

Miscellaneous

The problem is not Uber — the problem is missing regulations  (Sensor & Systems)  This is not just an Uber problem. It’s a problem we face with every “innovation”

The Privacy Paradox and the Boston Marathon

Having grown up in the Boston area, I have been following with great interest the story about the runner at the Boston Marathon who collapsed and was picked up an carried by other runners towards the finish line. It was a heartwarming story, particularly given the tragic events at last year's marathon. However I should not have been surprised, given the state of today's media, that there has been a backlash over the past 24 hours with at least one website disputing how far the runner was carried and whether he was carried across the finish line or whether he finished himself.

As a geoprivacy geek, what caught my attention with the most recent reporting was that the initial reporter specifically states that he will not disclose the fallen runner's name because the runner had asked to have his privacy protected. However the website disputing the initial accounts went on to identify the runner, based in part I assume on the number on his running bib that was captured on video and cameras at the finish line.  (There is a website that allows you to search runners by bib number.)

This incident highlights to me the challenges that we will face in the not too distant future as lawmakers, regulators and judges try to protect privacy in public places. I often refer to this as the "Privacy Paradox". Our location in public spaces, and accompanying information about what we are doing, who we are with, what we are looking at, etc. are being collected in more ways and by more people than ever before. However, we increasingly are expecting greater privacy. (Twenty years ago I don't think many runners (or spectators for that matter) worried about their privacy at the Boston Marathon - I know my family didn't when we used to run watch).

Presumably, the runner signed an acknowledgement (or waiver) that his bib number would be public and tied to his name.  However, I wonder if this document addressed the release of his name in highly public (and perhaps embarrassing) dispute such as is now taking place. Similarly, it is unclear as to why Deadspin felt the need to disclose the runner's identity; however should such disclosure be considered a violation of the runner's privacy?  Even if he had specifically asked not to have his name identified?

Privacy in public places. It may not prove to be a paradox, but it is going to be a long and difficult journey.

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