News & Analysis as of

Location Data

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

by Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Privacy Perils: Weather Apps Tracking more than Weather Patterns

by Bass, Berry & Sims PLC on

If you're like millions of Americans, you use the AccuWeather app for iOS to keep up to date about whether the weekend's forecast means fun in the sun or hiding out from the rain. It turns out that AccuWeather may have been...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

ECPA Reform Legislation on the Horizon (Again)

by Reed Smith on

Three bipartisan Senate bills are up for consideration in Congress that would attempt to modernize the legal standards under which the U.S. government can access communications electronically stored by email service providers...more

Privacy & Cybersecurity Update - June 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine a new Chinese cybersecurity law that went into effect despite international concern for how it will be implemented; Colorado's adoption of new...more

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

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