Markey Drafts Mobile Privacy Legislation

Bill would require carriers sharing info to make filings at FCC and FTC

By John Eggerton -- Broadcasting & Cable, 1/30/2012 12:01:37 PM

Rep. Ed Markey (D-Mass.) has drafted a mobile device privacy bill in the wake of news last month that Carrier IQ software on smartphones and other devices tracks user keystrokes without their knowledge or consent.

"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," said Markey, who is co-chair of the House privacy caucus and a proponent of online do-not-track legislation.

Markey has asked the FTC to investigate the software, and has followed that up with a discussion draft of a bill that would require disclosure of monitoring software, including that it has been installed on the phone, what it is collecting and to whom the information is being sent. And it would require that users opt in to the collection before it began. In addition, the third parties would have to have information protection policies in place and any carrier agreements to share information with third parties would have to be filed at both the FTC and FCC.

"This is especially important for parents of children and teens," said Markey, co-author of a separate bill that would boost online privacy protection for kids. "I look forward to working with stakeholders on my legislation and collaborating with my colleagues prior to the formal introduction of the final legislation."