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This is _really_ interesting to me and I want to hear more, find out
more, and see if there are places to plug in and make a difference.
I got back from work an hour ago and my brain is mushed & I
still have more work to do tonight, so I'll mark this for future
reference, but please do keep us posted.<br>
<br>
-G.<br>
"Big Brother is iWatching you!"<br>
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<div class="moz-cite-prefix">On 13-04-10-Wed 5:48 PM, Romy Ilano
wrote:<br>
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cite="mid:CAFqWQB9QTXxkDrDp7CSUSrTdN6g4tcO+8+OH31Y7NqmMc5XsvA@mail.gmail.com"
type="cite">
<div dir="ltr">I'm starting a law-related thread, there are a lot
of smart law people here.
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<div>I'm a mobile app developer + a lot of people I know were at
this workshop today.</div>
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<div><a moz-do-not-send="true"
href="http://techpresident.com/news/23721/california-attorney-general-kamala-harris-mobile-innovation-i-dont-want-shut-it-down">http://techpresident.com/news/23721/california-attorney-general-kamala-harris-mobile-innovation-i-dont-want-shut-it-down</a><br>
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<h1
style="line-height:40px;font-family:league-gothic,sans-serif;font-size:42px;color:rgb(101,101,101);margin:0px;font-weight:normal;padding:0px;letter-spacing:1px">California
Attorney General Kamala Harris Talks Mobile Innovation,
Privacy, and the Law</h1>
<p class="" style="margin:8px 0px
1em;line-height:16px;font-size:13px;color:rgb(51,51,51);padding:10px
0px;border-bottom-width:1px;border-bottom-style:dotted;border-bottom-color:rgb(174,174,174);font-family:Arial">BY <span
id="techauth" style="text-transform:uppercase"><a
moz-do-not-send="true"
href="http://techpresident.com/blog/76848"
style="outline:0px;color:rgb(0,108,164);text-decoration:none">SARAH
LAI STIRLAND</a></span> | Wednesday, April 10 2013</p>
<div id="story-content"
style="float:left;margin-top:6px;color:rgb(101,101,101);font-family:Arial;font-size:13px;line-height:13px">
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">California
Attorney General Kamala Harris on Wednesday urged mobile
software developers to explain to users how their
products work as clearly as possible so that there are
no nasty surprises -- both on the part of the end users,
and the developers who may hear from her office for
privacy violations.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">"Let’s not
stop the innovation. I don’t want to shut it down," she
told a roomful of developers and businesspeople at the
startup co-working office space Runway Workspace in the
South of Market area of San Francisco. "But what we do
have to do is to give the user information, and let the
user, not anyone else, make the choice about the
tradeoff."</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Harris spoke
at an event organized by her own office, the University
of California Hastings (her alma mater) and the
Association for Competitive Technology, an association
in Washington, D.C. that represents individual software
developers who often can't afford to hire their own
in-house privacy counsel. Her remarks come as the Obama
administration itself is struggling to work with all
kinds of stakeholders on how to best protect consumers
in a world where their devices are always on, and using
the attributes of personal information and location to
build their businesses.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Harris' office
published a <a moz-do-not-send="true"
href="http://oag.ca.gov/sites/all/files/pdfs/privacy/privacy_on_the_go.pdf"
style="outline:0px;color:rgb(0,108,164);text-decoration:none">20
page-plus booklet of checklists and recommendations
for app developers</a>to be mindful of when creating
their products this January. The <a
moz-do-not-send="true"
href="https://www.eff.org/deeplinks/2013/01/california-attorney-general-releases-mobile-privacy-recommendations"
style="outline:0px;color:rgb(0,108,164);text-decoration:none">Electronic
Frontier Foundation</a>, a digital rights group,
praised the recommendations, but several advertising
associations, including the American Association of
Advertising agencies, called them "unworkable."</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Her office
established a special privacy enforcement and protection
unit last July, staffed with some high-powered lawyers,
such as Travis LeBlanc, formerly a lawyer at the
white-shoe law firms of Williams & Connelly in
Washington, D.C., and Keker & Van Nest in San
Francisco.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">How state
attorneys general approach privacy in the digital world
is of great interest to practitioners in political
technology. San Francisco-based Organizer, for example,
enables campaigns to track their field canvassers with
GPSes on their mobile phones as they knock on doors and
updates information in its voter database in real-time
as volunteers collect new data. As users do more and
more from their phones, mobile advertising has gained
increasing attention from political campaigns. And one
of the biggest innovations to come from the Obama
campaign in 2012 was software that avoided potential
Federal Election Commission roadblocks against
collecting mobile donations by allowing donors to
authorize, by text message or otherwise, a gift from
their credit card account already on file.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">The terms of
service governing these and many other applications are
breaking new legal ground, and consumers are just
beginning to understand how their data is shared, used,
bought and sold — in politics and otherwise.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Harris is an
apt character to follow in the privacy debate. She may
be the only attorney general in the country to have made
privacy policies a campaign issue when, in 2010, she
accused her then-Democratic rival Chris Kelly,
Facebook's former chief privacy officer, of giving
Facebook's users' information away, a charge that
Kelly's campaign denied.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">"Some people
might not mind giving up their contact list to get that
mobile app, because they only have four people in it,
and they don’t like them anyway," Harris joked at the
event. "Me, not so much. I don’t want to give up my
contact list. Let the user figure out what the benefit
is before they give it up."</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Harris urged
developers to tell their users as much as possible about
how they use their information, and to give them 'tools'
to let them make their choices. The Association for
Competitive Technology is working on such tools, like a <a
moz-do-not-send="true"
href="http://www.bitly.com/pridash"
style="outline:0px;color:rgb(0,108,164);text-decoration:none">privacy
dashboard</a> that would tell app users, through
icons, what information is being collected.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">"I am a career
prosecutor. I know the great power that we have," Harris
told the audience. "I learned at a very young age in my
career that with a swipe of my pen, I could charge
someone with a misdemeanor, the lowest level of crime
possible, and by virtue of doing that, that person would
have to pick out of their pockets to hire a lawyer. They
may be arrested, they may spend a couple of hours or
days in jail, they’ll be embarrassed in the context of
their family and community, probably have to miss time
from work for court appearances – all because I charged
him with a crime. It’s an incredible amount of power
that we have, and we’re well aware of that."</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Some
developers at the meeting Wednesday morning said that
they weren't aware of all of the legal requirements they
had to fulfill when building their apps, and some even
suggested that Google wouldn't have been possible as a
company had all these rules on privacy been in place at
its founding, a notion that LeBlanc contested during a
later panel.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Jerome Starch,
a developer who attended a NASA hackathon in March and
who is developing an app with information from NASA to
get kids interested in science, stood up after Harris
left, and said her words "terrified" him.</p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Morgan Reed,
ACT's executive director, re-assured him, saying that
NASA uses <a moz-do-not-send="true"
href="http://www.provo.com/"
style="outline:0px;color:rgb(0,108,164);text-decoration:none">Privo,
a service that ensures app compliance with the
Children's Online Privacy Protection Act.</a></p>
<p style="margin:8px 0px
1em;line-height:16px;color:rgb(51,51,51)">Jonathan
Nelson, another entrepreneur who spoke that morning,
drew cheers when he said, "What I really want is privacy
as a service for $5 a month."</p>
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