Markey Introduces Mobile Device Privacy Act

Would require disclosure of software being installed when an app is downloaded

By John Eggerton -- Broadcasting & Cable, 9/12/2012 11:16:16 AM

Rep. Ed Markey (D-Mass.) said Wednesday he has introduced mobile app legislation that would require app sellers to disclose the software being installed when an app is downloaded, and users to give their affirmative consent.

That came in a hearing in the House Commerce and Manufacturing Subcommittee Wednesday.
Markey first drafted the mobile privacy bill earlier this year after reports that Carrier IQ software on smartphones and other devices tracks user keystrokes without their knowledge or consent.

According to Markey's office, the bill would require:
"Disclosure of mobile telephone monitoring when a consumer buys a mobile phone; after sale, if the carrier, manufacturer, or operating system later installs monitoringsoftware; and if a consumer downloads an app and that app contains monitoring software.
"The disclosure includes the fact that the monitoring software has been installed on the phone, the types of information that are collected, the identity of theparties to which the information is transmitted, and how such information will be used.

"Consumer consent before monitoring software begins collecting and transmitting information
"The party receiving the personal information must have policies in place to secure the information
Agreements on information transmission must be filed at the Federal Trade Commission (FTC) and Federal Communications Commission (FCC).
"An enforcement regime for the FTC and FCC, along with State AG enforcement and a private right of action.

Subcommittee chairman Mary Bono Mack (R-Calif.) said she looked forward to seeing the bill and working with Markey on it.

Markey is cochair of the congressional privacy caucus and has long pushed for more consumer control over online information, mobile and otherwise. The bill comes the same day Apple is announcing its next iteration of the iPhone.