News & Analysis as of

Location Data

The “Third Party” Catch-22

by Ifrah PLLC on

As the Department of Justice has been doubling down on law enforcement overreach, the Supreme Court has just decided to hear a case that may limit the use of a common tool that law enforcement uses to infringe upon the...more

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

by Kelley Drye & Warren LLP on

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy. The question before the Court is whether law...more

U.S. Supreme Court Will Hear Mobile Phone Privacy Case

The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more

Mobile targeting: A ‘secret weapon’ for good or ill?

by Thompson Coburn LLP on

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

by Bryan Cave on

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...more

Your Uber Driver Might Not Be the Only One Who Knows Where You Were Picked Up and Dropped Off….

by Moore & Van Allen PLLC on

Did you know that if you’ve taken a New York City taxi since 2009, your pick-up and drop-off locations were recorded and published (through June of 2016) on the internet for anyone to find? Now, New York City officials want...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

by White & Case LLP on

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

Law Enforcement Permitted To Obtain GPS Location Data Without A Warrant In A Sex Trafficking Investigation

In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more

Recent FTC Consent Decree with InMobi for Unlawful Geolocational Tracking Provides Insight for App Developers

Recently in United States v. InMobi Pte Ltd., the Federal Trade Commission (FTC) set a new standard for geolocational tracking. The FTC told app developers and app marketers one simple rule: honor consumers location privacy...more

Privacy Tip #52 – Sharing Your Information with Your Rental Car

I travel a lot and frequently rent cars in cities all over the country. Those of you who know me, (and my husband and children will attest), know that I will not ask for directions. I am definitely more like a man than a...more

FTC sets new standard for mobile app location tracking – indirectly

by Thompson Coburn LLP on

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

"Privacy & Cybersecurity Update - August 2016"

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for...more

Location Data Poses Risks To Individual Privacy Says Irish Regulator

by King & Spalding on

With the proliferation of location-based app services like traffic alerts and ride-sharing programs, the collection of consumers’ location information has exploded in recent years. It comes as no surprise, therefore, that...more

Pokémon Go Faces More Criticism

by King & Spalding on

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Pokemon Go Away: Monsters Creating Nuisance Problems

by Lewitt Hackman on

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

Warning Issued to Businesses About Pokemon GO App

The International Association of Information Technology Asset Managers (IAITAM) has issued a warning to businesses alerting them to the risks posed by employees downloading the Pokemon GO app on a company issued phone....more

Pokemon App Developer Sued for Failed Privacy Protections

Niantic Inc. (Niantic), developer of the mobile game “Pokémon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and...more

Pokémon Go…es To Court!

Hugely successful games attract lawsuits. Pokémon Go has been hugely successful and, predictably, has attracted a lawsuit. In a recently filed class action, a plaintiff has alleged that a number of the GPS coordinates...more

The Practical Legal Implications of Pokémon Go

On July 6, 2016, Nintendo released Pokémon Go in the United States. Pokémon Go is a downloadable application for your smartphone that provides for an “augmented reality experience.” In the game, computer-generated virtual...more

Digitizing Brick and Mortar: Geofencing and Geolocation Can Help Retailers Win at Omnichannel

by Goulston & Storrs PC on

We have blogged previously about the steady rise of e-commerce, the benefits and challenges of creating a cohesive omnichannel experience, and some of the special issues omnichannel creates for the landlord-tenant...more

Pokémon Go Presents Real Privacy Concerns in the (Semi-)Virtual World

by Poyner Spruill LLP on

Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual “Pokémon” creatures with their iOS and Android smartphones. ...more

Riding the Initial “Pokémon Go” Phenomenon: Branding Basics

by Reed Smith on

Pokémon Go, released July 6, has unleashed a swarm of hopeful Pokémon trainers into the world, seeking to, as Pokémon famously says, “catch ‘em all.” And while Pokémon Go users are traversing cities, towns and hamlets to...more

The Adnan Syed Case — New Trial Granted Based on Challenge to Cell Tower Data

by Michael Volkov on

The Volkov Law Group would like to applaud the efforts of its own Susan Simpson, as well as the rest of the Undisclosed: The State v. Adnan Syed team, for uncovering critical facts that led a Maryland Judge to grant Adnan...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

by Brooks Pierce on

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Waze app vulnerable to driver tracking

In the category of being careful with location based services when using apps, researchers at the University of California-Santa Barbara have discovered a vulnerability in the popular Waze app that permitted them to create...more

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Cybersecurity

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