Do you recall last year when the Carrier IQ story broke about user keystrokes being monitored by clandestine software on handsets, I wrote at that time here at trewmte.blogspot:
( http://www.trewmte.blogspot.com/2011/12/violation-of-wiretap-law-us-or-just.html )
"What is really needed here is not the "hang 'em high, shoot 'em, flog 'em brigade" but in fact absolute 'transparency' how consumers rights are given absolute precedence and with strict liability applied to manufatcurers and operators to reveal all embedded and hidden software on devices and detailed as to exactly what the software do. Importantly, this would allow a consumer to either accept or reject the device. This path of action shouldn't affect Intellectual Property Rights because IPRs are not being infringed. It is though 'clandestine' or 'veiled' knowledge that would be affected as it removes the right to use hiding tactics and avoid non-revelation. Without such transparency, a possible outcome from the articles is in having mentioned the brand names of Nokia, Android, and Blackberry devices in connection with this software. That may well influence how consumers decide to choose their brand named products for fear and uncertainty whether the device in use or about to be sold to them contains key sniffing software."
It would appear one US Congressman, Ed Markey ( http://markey.house.gov/ ) finds favour with the notion of 'transparency' and has introduced a draft bill for mobile phone privacy to be called The Mobile Device Privacy Act (MDPA) - download here Mobile Device Privacy Act Rep.Markey.pdf.
Photo courtesy of photo gallery http://markey.house.gov/
The bill sets out a requirement for mobile operators and providers to 'tell' each subscriber whether tracking software has been installed on their mobile device.
Republican Ed Markey is a senior member of the House Energy and Commerce Committee and who previously held the position of chairman of the Subcommittee on Telecommunications and the Internet said in a statement "Consumers have the right to know and to say no to the presence of software on their mobile devices that can collect and transmit their personal and sensitive information." ... "While consumers rely on their phones, their phones relay all sorts of information about them, often without their knowledge or consent. I am concerned about the threat to consumers’ privacy posed by electronic monitoring software on mobile phones, such as the software developed by Carrier IQ. Today I am releasing draft legislation to provide greater transparency into the transmission of consumers’ personal information and empower consumers to say no to such transmission. This is especially important for parents of children and teens. I look forward to working with stakeholders on my legislation and collaborating with my colleagues prior to the formal introduction of the final legislation." source of quote mashable.com
The strength of commitment to 'transparency' in this proposed Act, and when enacted, should place very tight obligations encumbent on operators/providers to have the means available to them to demonstrate unequivocably to each subscriber that their mobile device has no clandestine tracking software on it or in it.
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