Tracking-notification bill unlikely to gain traction

Consumer legislation another example of when the merits don't matter

U.S. Rep. Edward Markey of Massachusetts yesterday announced a bill to require that consumers be told when their phones carry tracking software, an idea that would appear so commonsensical and presumably non-controversial that it would sail through Congress like a resolution proclaiming this Super Bowl Appreciation Week.

 Of course, if that were actually the case, there would be no need for the legislation.

According to a statement from Markey's office, here's what the bill would require:

• Disclosure of mobile telephone monitoring software, including when a consumer buys a mobile phone; after sale, if the carrier, manufacturer, or operating system later installs monitoring software; and if a consumer downloads an app and that app contains monitoring software.
• Disclosure to include the fact that the monitoring software has been installed on the phone, the types of information that are collected, the identity of the third party to which the information is transmitted, and how such information will be used.
• Consumer consent be obtained before monitoring software begins collecting and transmitting information.
• Third party receiving the personal information must have policies in place to secure the information.
• Agreements on transmission to third parties must be filed at the Federal Trade Commission (FTC) and Federal Communications Commission (FCC).
• Outline an enforcement regime for the FTC and FCC, along with State Attorney General enforcement and a private right of action.

Easy as pie, right? I mean who wants to be walking around - unknowingly -- with what Free Software Foundation president Richard Stallman famously called "Stalin's dream" on their person.

However, even as we speak, telecommunications industry lobbyists are lining up outside the offices of lawmakers practicing their speeches about how these requirements will actually hurt consumers, stifle innovation - and today's catch-all political bogeyman - cost the U.S. jobs.

Toss in the fact that Markey is a Democrat in a Republican-controlled House -- in an election year - and I'd say the odds of this bill becoming law any time soon are about the same as Sunday's game ending in a tie.

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• Smartphones
• Wireless
• congress
• location tracking
• phones
• U.S. Rep. Edward Markey