Tag: privacy

  • Out in Front: When the Gavel Comes Down

    By Alan Cameron

    Perhaps you don’t track suspected criminals in your spare time, nor do you design or supply a GNSS product that does so. Still, the fresh Supreme Court ruling on GPS use for this purpose reverberates for you, in ways yet unknown. The most interesting part of the court’s ruling pops up in a somewhat open-ended “what if” comment concerning future issues that at least one justice thinks the court should address.

    GPS trackers are a form of search, and police must obtain a search warrant to use them, the court unanimously ruled. This comes as a setback to government and police agencies who increasingly rely on GPS surveillance. Justice Scalia said the government’s installation of a GPS device to monitor a vehicle’s movements constitutes a search and violates the Fourth Amendment’s protection against unreasonable search and seizure.

    Justice Samuel Alito further said the court should address how expectations of privacy affect whether warrants are required for remote surveillance using electronic methods that do not require the police to install equipment, such as GPS tracking of mobile telephones. “If long-term monitoring can be accomplished without committing a technical trespass — suppose for example, that the federal government required or persuaded auto manufacturers to include a GPS tracking device in every car — the court’s theory would provide no protection,” Alito wrote.

    This, or its exact counterpart, has already occurred in cell phones: government-mandated location technology embedded in all devices, over a sliding timescale that comes to maturity, or full application, fairly soon.

    The words “no protection” in Justice Alito’s opinion appear to state that personal cell-phone records are open season to government investigators. Such has already been the case in a number of instances.

    Murkier than government use — if such a concept is conceivable — is commercial use of a consumer’s location data. In other words, privacy. This issue has been raised since GPS-enabled phones were first theorized, and since the very whisper of the first location-based service, but it has never been fully or adequately addressed by anyone in industry or government.The notion of “granting permission” to use one’s location data, in order to benefit from services thus provided, still seems unresolved to me.

    Presumably, we are all waiting around for a test case, such as that of the Jeep owner in the Supreme Court just now. With LBS poised — same as it ever was — on the brink of widespread acceptance, it might benefit everyone if such a case came sooner rather than later.

  • Let’s Hear It for the Supremes!

    GPS trackers are a form of search, and police must obtain a search warrant to use them, the U.S. Supreme Court unanimously ruled. This comes as a setback to government and police agencies who increasingly rely on GPS surveillance. Justice Scalia said the government’s installation of a GPS device to monitor a vehicle’s movements constitutes a search and violates the Fourth Amendment’s protection against unreasonable search and seizure.

    The most interesting part of the Supreme Court decision pops up in a somewhat open-ended what-if comment concerning future issues that at least one justice thinks the court should address. Consumer privacy issues remain very much alive and potentially troublesome for location-based services in the United States

    Justice Samuel Alito said the court should examine how expectations of privacy affect whether warrants are required for remote surveillance using electronic methods that do not require the police to install equipment, such as GPS tracking of mobile telephones. “If long-term monitoring can be accomplished without committing a technical trespass — suppose for example, that the federal government required or persuaded auto manufacturers to include a GPS tracking device in every car — the court’s theory would provide no protection,” Alito wrote.

    This, or its exact counterpart, has already occurred in cell phones: government-mandated location technology embedded in all devices, over a sliding timescale that comes to maturity, or full application, fairly soon.

    The Register-Guard newspaper of Eugene, Oregon, published an editorial containing the quote reprinted in the introduction to this column. The writer went on to say that “The result was a ruling that sidestepped tough questions, such as how to treat information held by cell phone companies and how to treat information gathered from devices that are installed at the factory.”

    The Register-Guard went on to state “Advances in science and technology have produced GPS devices that have unlimited potential for abuse.”

    “In the face of the very real threat of ubiquitous surveillance, Congress should complete its revamping of the federal Electronic Communications Privacy Act. Lawmakers have begun work on this task, but the legislation is not ready for passage.”

    The words “no protection” in Justice Alito’s opinion imply that personal cell-phone records are open season to government investigators. Such has already been the case in a number of instances.

    Murkier than government use — if such a concept is conceivable — is commercial use of a consumer’s location data. In other words, privacy. This issue has been raised since GPS-enabled phones were first theorized, and since the very whisper of the first location-based service, but it has never been fully or adequately addressed by anyone in industry or government. The notion of “granting permission” to use one’s location data, in order to benefit from services thus provided, still seems unresolved to me.

    Most consumers and cell-phone users do not have a clear picture of just how far the ball goes if they check a box that says “agree to terms” or otherwise signify that they are releasing their location data in some undefined form. Sure, they think they’ll just get a coupon the next time they pass near an industrial-strength coffee shop. They have no idea just how much their location data and travel patterns could be exploited by companies seeking to sell them something based on their profile. If you think robotelemarketing – the automated sales calls, often extremely deceptive in their offer, that come as you’re sitting down to dinner – are the worst form of pest, you ain’t seen nothing yet.

    The Eugene Register-Guard made this recommendation: ““In the face of the very real threat of ubiquitous surveillance, Congress should complete its revamping of the federal Electronic Communications Privacy Act. Lawmakers have begun work on this task, but the legislation is not ready for passage.”

    I am not intimately familiar with the draft of the Electronic Communications Privacy Act, but I have a feeling it does little more than scratch the surface on this issue; it probably focuses on government use of private citizens’ location data, and does not begin to consider commercial use.

    So far, we are just talking about the United States.

    Regarding GNSS use elsewhere around the world  for tracking criminals:

    In Russia and China, one can reasonably presume that the interests of the state will crush any notion of citizen rights, so that government and police use of GNSS tracking will be placed under no restriction. Europe under the European Union has fairly strong citizen protections in some areas, less so in others. Japan, Korea, Australia . . . I just don’t know.

    Regarding GNSS use elsewhere around the world for tracking ordinary citizens’ location and travel patterns for commercial — that is, sales and marketing — purposes, I must again claim ignorance regarding the established ground rules in these countries, if there are any.

    Anywhere in the world, if GNSS should be perceived as a tool of Big Brother (government) or Big Broker (industry selling and buying consumer location data), then all navigation systems acquire a big PR problem, which translates into big funding and modernization problems. That outcome, that uncertainty, would affect everyone in or associated with GNSS provision. So we all have an interest in seeing, or making, or shaping, some resolution.

    Presumably, we are all waiting around for a test case on privacy versus commercial interests. With the location-based services (LBS) market poised — same as it ever was — on the brink of widespread acceptance, it might benefit everyone if such a case came sooner rather than later. Or if the U.S. Congress tackled the issue before being required to do so by the courts.

  • Microsoft Missteps Add to Privacy Jitters

    Microsoft is contributing to the latest location privacy jitters. Missteps by Microsoft, Apple, and Google have the potential to dampen uptake of location solutions. Microsoft published the estimated locations of millions of laptops, cell phones, and other devices with Wi-Fi connections. The location database was assembled by Microsoft’s access to Windows phones and by vehicles that drive streets and record Wi-Fi signals accessible from public roads. The data were published on Microsoft’s Live.com website.

    The problem is that Wi-Fi devices can be individually identified by a unique code, often called a MAC address. It’s not just Wi-Fi routers that can be identified. Phones and computers can be used as Wi-Fi access points, via tethering and other means, and their location can be monitored. Using the Microsoft data on Live.com, CNET tracked an HTC mobile device’s movements between house addresses in the city of Columbus, Ohio.

    Skyhook conducts similar Wi-Fi mapping, but according to Ted Morgan of Skyhook, does not provides direct access to its database. “All our partners use our client location engine, which does the scanning and lookups to our system,” says Morgan. “We don’t gather any MAC addresses of client devices, only access points and devices that act as access points.” Google collects similar location information and curbed access to the data a few months ago after a CNET article appeared. Microsoft just announced it too would now restrict access. When will these guys learn?

    Googleola Marriage. The announcement of Google’s intention to buy Motorola Mobility for $12.5 billion, a heavy bucket of cash, will have repercussions throughout the industry. Google will become a mobile manufacturer in head-to-head competition with Apple and Research in Motion. For Research in Motion, maker of BlackBerry, this may be a kiss of death, unless they are snapped up by someone like Microsoft, who may feel pressured to join the game. Google will have bought itself entry into the ferocious patent lawsuit war between Motorola Mobility and Microsoft at a time when relations between Microsoft and Google had improved.

    Google’s Larry Page made assurances on the company’s blog that Android would remain an open system. “This acquisition will not change our commitment to run Android as an open platform. Many hardware partners have contributed to Android’s success and we look forward to continuing to work with all of them to deliver outstanding user experiences”. Say that as he may, other Android handset manufacturers will now be competing with the supplier of their operating software in a distribution channel tangle.

    Connected Car. The connected car, a vehicle with embedded modules and wireless services that link to the cloud and the car’s operating system, continues to evolve. The carriers are aggressively staking out territories. Verizon has shown off a car equipped with a 4G LTE modem with OnStar prototype apps. Sprint Nextel has worked with Aeris Communications to bring the Sprint network and cellular connectivity to the Hyundai connected vehicle program. AT&T has partnered with Panasonic Automotive.

    Ford has led the car manufacturers with its SYNC offering that provides hands-free, voice controlled in-car connectively. Already in 3 million vehicles, SYNC will become available on Ford’s entire passenger line-up for $295, down from its current $395.

    More than half of surveyed U.S. consumers find the concept of a connected vehicle appealing, according to a survey by Alcatel-Lucent. When it comes to opening wallets, the top applications are augmented GPS; maintenance, tracking, and notification; Wi-Fi; advanced voice features; and online environmental analysis.

    It’s not all about Smartphones. The global mobile app market for feature phones will almost double by 2016, reports Ovum. The success of smartphone apps will drive feature phone apps to a predicted $1 billion market. Feature phones outsell smart phones, but have lagged in applications uptake. The upswing should be helped by the increasing ease of developing apps and publishing them for this market.

    Personalization, not just Location. Feature phone mobile advertisements that are tailored to a consumer’s “tastes and interests” are four times more effective than offers based on location, time, or lifestyle, according to a poll of 2,000 U.S. consumers, commissioned by mobile marketing company, Upstream. The marketing activity that was found to most likely lead to a follow-up action included mobile coupons; opt-in text alert or message; an e-mail received on a mobile phone; an ad on a mobile website; or an ad that appears during an Internet search of a product or service.

    Mark your Calendar.  Don’t miss LocNav 2011 October 18-19 in San Jose. The Where Business has co-located its annual Location Business Summit and Navigation conferences to create an even bigger show. I’ll be moderating the panel, “Connecting People Places and Things: Advertising and Social Networking in the Location Ecosystem.”

  • Strategy Overhauls, Strong M2M, Privacy — and What More’s in Store

    It’s July, which means big news is slow to come by — and it is the opportunity to examine what will drive the location-based services market for the rest of 2011…and beyond. So far, consolidation is continuing, with Nokia combining digital mapping giant Navteq into a single LBS unit. In addition, strong entries into the machine-to-machine market include Iridium, while AT&T seeks to increase market share. Privacy issues were a big topic in the first part of the 2011, but will they hamper market growth the rest of the year?

     

    Nokia to Consolidate Navteq into Location-Based Services Unit

    In a move that looks like a strategy overhaul, Nokia plans to combine its Chicago-based Navteq digital mapping unit with its location-based services business. The new location and commerce division will be led by Michael Halbherr, who told LBS Insider in April that he was involved in Nokia’s $8.1 billion decision to acquire Navteq in 2007.

    Nokia had touted that it had a “hands-off” approach with Navteq, unlike competitor TomTom, which incorporated its Tele Atlas mapping unit so much that the TA brand is no longer visible.

    Halbherr told LBS Insider he predicted the demise of the portable navigation system early on, a market that competitor TomTom has been finding difficult recently. Navteq maps power Nokia’s Ovi Maps service for smartphones. Yahoo and Microsoft also incorporate Navteq digital mapping into their offerings.

     

    Privacy Legislation Looks For Consumer Consent

    New legislation aims to preclude such companies as Apple and Google from using customer’s location data without their consent. Senators Al Franken, D-Minn., and Richard Blumenthal, D-Conn., co-sponsored the bill, called the Location Privacy Protection Act of 2011.

    Franken honchoed a Senate Judiciary Subcommittee on Privacy, Technology, and the Law hearing that grilled Google and Apple executives in May. The uproar about consumer privacy arose in April at a California LBS application developers’ conference when companies indicated that customer’s privacy data was collected and shared.

    How this legislation, if passed, will affect the industry is not known. But it has raised eyebrows in several market sectors. Thilo Koslowski, Gartner vice president, told attendees at an automotive telematics conference last month that privacy is a big concern to auto makers who want to incorporate LBS-type of connectivity into their new vehicles. Koslowski went further when he said that not only do consumers not want social media in their vehicles, the privacy factor is not going away — and the industry needs to take notice of that.

    Iridium Forging Into M2M Markets

    Saying the machine-to-machine market constitutes its fastest growing segment, McLean, Va.-based Iridium Communications has partnered with several industry companies to grow beyond its government markets.

    “M2M in 2010 exploded for us in 2010, a real tipping point. In short, we reduced the size of the 9602 [short burst data] module to the size of matchbook, so the much lower price point allowed us to win a bunch of new programs,” said Patrick Shay, Iridium vice president and general manager for data services.

    Shay, an industry veteran who worked at Motorola, Rand McNally and Hughes Telematics, said that Iridium plans constellation enhancements in 2015. “It’s a one-for-one [satellite] replacement with backward compatibility and no service disruption,” he said.

    Such big M2M names as Kore Telematics, Digi International, and SkyBitz have become Iridium partners. Kore integrates satellite connectivity into its Prismpro unit.

    One Iridium partner, DeLorme, said it is rolling out a personal communicator this fall with two-way satellite messaging, SOS capabilities, remote tracking and Android smartphone interface so messages can be posted to Twitter or Facebook. The unit will go for $249.95 and have subscription fees starting at $9.95 a month.

    Editor’s Note: The August issue of GPS World will carry an article about Iridium certifying Cubic Global Tracking Solutions’ Global Sentinel System.

     

    AT&T Location Information Services Focusing on Enterprise Market

    AT&T Location Information Services is greatly expanding its location marketing, particularly in M2M, with its partners Loc-Aid Technologies and TechnoCom Corp. The company announced the partnerships at its developer summit in January.

    The company is focusing on the enterprise market because consumer location-based services have been a tough go for AT&T. The enterprise/M2M market has been a good one for AT&T and its network-based location systems, said John Booth, AT&T LIS senior product manager.

    The interoperability with the other carriers helps to grow the market, Booth said. “Historically, a customer had to work with one carrier and that limited them,” he said.

    Booth says there are benefits in using a network-based location solution because it prevents users from needing to download applications or use a specific platform in order to be located. The services are both device and network agnostic, he said.

    Loc-Aid is working with AT&T on its Location-as-a Service offering where businesses can access a customer’s location based on requirements or events. TechnoCom and AT&T are creating location and messaging products for the enterprise market.

    AT&T is working with Road America, a roadside assistance service provider, for a network-based application for location capability in the event of an accident or break down. The service, called LocateMe, is a cross-carrier offering that links to Road America’s 24-hour response centers.

    AT&T is working on integrating other location technology into its network service offerings, Booth said. “We are working on a number of applications besides assisted GPS [and cell ID] to include Wi-Fi and RFID. We want something that works in whatever the environment — airports or railroads,” he said.

    In addition to call center and transportation logistics, which is AT&T’s strong areas, emerging markets include fraud prevention and even truancy monitoring. “School districts get millions of dollars in funding based on student attendance. It’s a natural location market,” Booth said.

    In addition to the truancy monitoring market, regular parolees and bail bond holders constitute a huge potential market. AT&T estimates there are 5 million parolees nationwide and 7 million bail bond holders.

     

    Carriers Still Focal Point for LBS Implementation

    For years there have been arguments about who is driving the mobile information market for LBS: Is it the carriers? Auto manufacturers? New media companies such as Google? Despite all of the talk, companies still are trying to align themselves to offer the carriers’ capabilities to implement LBS.

    The recent Alcatel-Lucent partnership with Polaris Wireless and Thales Alenia Space is an example of companies tailoring E911 type of location capability and marketing for carriers. The three companies have partnered to pursue business with Tier 1 wireless operators in the United States and other regions, said Bhavin Shah, Polaris Wireless vice president of marketing and business development.

    “Alcatel-Lucent and Thales Alenia Space have a working relationship based on the former’s prior part-ownership of the latter. Alcatel-Lucent and Polaris Wireless have pursued a closer relationship based on shared interests in promoting their respective location solutions to wireless operators,” he said. “Recent developments and announcement of the partnership were triggered by impending Tier 1 LTE decisions,
    and the fact that the partnership enables a quicker time to market than ALU building a location solution on its own, and Polaris Wireless and Thales Alenia Space approaching Tier 1 operators directly without a larger infrastructure partner.”

    Alcatel-Lucent is the platform provider and direct interface with the customer (network operator). ALU provides all hardware, middleware, and conducts sales, support, operations, and billing. Polaris Wireless provides network-based location technology and network interfaces, including Polaris Wireless Location Signatures (Polaris WLSTM) and other location technology, such as Enhanced Cell-ID. Thales Alenia Space, with its expertise in satellite positioning, provides handset-based (GPS) location technology.

     

     

     

     

     

     

     

  • Location Privacy: Will It Derail Mass Market LBS?

    This column rarely covers privacy as a critical issue to build location-based services markets. Why? It was our contention that most LBS are opt-in — or opt out — at the discretion of the consumer, making privacy an important issue, but not a market stopper. Frankly, many privacy panels at location conferences either bordered on hysteria, or were not relevant to market growth. However, since the recent Where 2.0 conference, which revealed that some entities were storing location information without users’ permission, the privacy issue has the potential of suppressing products and markets before they even start. Some are dubbing this new privacy concern Locationgate.

     

    SATNA CLARA, CALIFORNIA — In a potential breach of public trust — and perhaps thwarting LBS market growth — it was revealed at the Where 2.0 conference here (April 19-21) that location data was secretly stored in all iOS 4 devices. Since the conference, where attendees learned that Apple was storing a file with location data in every iPhone or iPad with iOS 4, Sen. Al Franken (D-Minn.) asked Apple CEO Steve Jobs to address privacy concerns about the operating system, particularly for children, who make up 15 percent of users.

    In a letter to Jobs, Franken asked why Apple consumers were not informed of the collection and retention of their location data, how frequently is a user’s location recorded, why is this information not encrypted, with whom has the information been shared, and what is the purpose of collecting the location data.

    Apple contends that iOS devices are not logging the location of the user, but caching a database of Wi-Fi hotspots and cell tower locations around a user’s position. Some of these cell towers may be many miles away from the user.

    At our deadline, Franken, chairman of the Judiciary Subcommittee on Privacy, Technology and the Law, will this week be heading the subcommittee’s first hearing, titled “Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones, and Your Privacy.”

    According to published reports, scheduled to testify at Franken’s hearing are Alan Davidson, Google’s U.S. director of public policy, and Bud Tribble, Apple’s vice president for software technology. Other hearing attendees include privacy experts and representatives from the Federal Trade Commission and the Department of Justice.

    Privacy is becoming an issue for consumers who are using Facebook Places, Foursquare, Gowalla, Twitter, and other social media more frequently. In fact, one company, Neer, which is a subsidiary of Qualcomm Services Labs, has an entire business plan based on privacy. Neer’s social media system allows users to determine where, when, and to whom their location information is sent.

    Location privacy is starting to be a big issue overseas. According to published reports, South Korea sent police into Google’s Seoul office this month to examine how the company’s AdMob platform and Android devices can collect private data about user’s location. Google purchased AdMob last year for $700 million.

    In France, companies with with GPS-enabled devices are required to turn the systems off during an employee’s personal break, said lawyer Francoise Gilbert, in a privacy session at Where 2.0. “There is a significant difference in laws [overseas]. One size doesn’t fit all,” she said. “It is a bad idea to talk to your lawyer the day before you plan a product or website launch.”

    In addition, at Where 2.0, the American Civil Liberties Union had a speaker and booth on site to educate developers on privacy issues. The ACLU was promoting its 2011 Privacy Challenge for developers of smartphones and other applications.

    Where 2.0 LBS Developer’s Dream?

    This year’s Where 2.0 was the largest ever. The crowd was overflowing with developers — and the companies that were happy to license products to them. Where 2.0 started out as an offshoot of the geographic information systems industry — and still has that GIS feel.

    Navteq, which said it now has 50,000 developers in its network, showed off its Destination Maps product which features pedestrian-friendly guidance, including showing how they “cut across” open areas. The company rolled out advanced mapping collection technology, including rotating LIDAR, that captures 3D data points.

    A number of significant announcements came during Where 2.0, but were not made at the conference. Boston-based Where was purchased by eBay for $135 million in as big a deal as any this year in the LBS industry. According to published reports, Where was considering an acquisition bid from Research in Motion.

    Where, formerly called uLocate, was founded in 2003 to provide location tracking for GPS-based cell phones. The company changed its name and refocused on LBS markets to include a location-based advertising network, location search, and recommendation applications. The company rapidly grew — from 30 employees to more than 120.

    In another deal made within a day or so of eBay’s, Groupon bought Seattle-based Pelago for an undisclosed amount. Pegalo CEO Jeff Holden, a former Amazon executive, will head Groupon’s product development. Pelago operated a check-in service called Whrrl.

    In other industry news:

    • ALK Technologies recently announced that industry veteran Barry Glick is joining the company as chief executive officer. Glick, who led GeoSystems and launched MapQuest, has been involved in high-profile company sales. GeoSystems, and MapQuest, was acquired by AOL/Time Warner. Glick later was at the helm of France-based Webraska Mobile Technologies, which was sold to Sanef. Glick moved on to Navteq, where he was vice president of mobile and media products. Glick’s hire and track record make those in the industry wonder if he plans to spearhead the future sale of ALK.
    • I have written about location technology markets for nearly 19 years. Call me a grumpy old man, but every time I pull out my reporter’s notebook to write something down that a young Google, eBay, or Facebook executive has to say at a location conference, they say zero about the market, or frankly, anything relevant. Sad thing is that people show up to see these big-name companies — only to be disappointed. Seems as if these younger execs say a lot, but say nothing. One seasoned industry executive in the crowd lamented, “This person runs (insert company)’s location efforts — and said zero about the location market and how they fit into it.”