CCIA Testifies In Support Of GPS Act
5/17/2012
The tech industry is welcoming legislation Congress is proposing
to update our outdated electronic privacy laws – written before almost anyone
carried cell phones. Today Computer & Communications Industry Association
President & CEO Ed Black told the House Judiciary Crime Subcommittee during
its hearing that failure to address the geolocation privacy loophole is a
problem for both civil liberties – and the growth of this industry.
Mobile technologies have proven to be one of the most transformative of the
information age over the past decade. Their effects have been felt in
everything from emergency response to the fall of dictatorships. The economic
benefits of mobile access are hard to argue with. The mobile industry accounted
for $195.5 billion in contribution to GDP and 3.8 million jobs in 2011 alone.
But what supports the adoption of mobile technology is trust --
particularly where data is concerned. So the Computer & Communications
Industry Association appreciates that Congressmen Goodlatte and Chaffetz have
introduced the GPS Act.
The following comments can be attributed to CCIA President & CEO Ed Black:
“Congress should close the loophole in ECPA that was inadvertently
created by new geolocation technology. Otherwise the intent of the original law
as well as the reasonable expectation of privacy in one’s whereabouts will be
undermined.
“There are many things that companies can do to maintain users’ trust – being
transparent about the information they gather and how it will be used. They can
also give users more control over whether and when information is collected,
and how it is protected. However, companies can only control their own data
practices – not when the government demands user information. This is why it is
so important to this nascent marketplace that Congress pass a law requiring a
warrant before law enforcement may demand location information about a person.
“While the Supreme Court unanimously expressed its discomfort with warrantless
geolocation tracking in a January decision, the narrow written ruling left too
much uncertainty for Internet users and companies because it dealt with older methods
of tracking. The written decision said attaching a tracking device to a car was
trespassing and illegal without a warrant, but the court was silent on where
technology is now going – largely tracking via cell phone. The Goodlatte
Chaffetz GPS bill would make sure that the government shows a judge probable
cause before demanding current or past location of a suspect. Having this standard
would give businesses certainty that is important in answering questions on
privacy policies that are critical to stakeholders from investors to customers."
“We believe that the changes made by the GPS Act are vital both for the privacy
and civil liberties of Americans and for the positive effects it would have on
an exciting and booming sector of our economy. “
