Trust in Mobile

1
Trust in Mobile Context-Aware ComputingLegal
Perspectives

• W. Scott Blackmer, Esq.
• sblackmer_at_blackmerlaw.com

2
Legal Aspects of Trusted Computing

• Identification Authentication
• Who is responsible, for what messages or acts
  appropriate levels of authentication and
  formality
• Contracts, torts, defamation, IPR, criminal law
• Proof Non-Repudiation
• Evidence stored and protected, links to
  disclosures and terms, indication of assent
• Privacy Security
• Enforcing promises and mandatory standards
• Often requires role-level access
• Protection of Consumers, Children
• Disclosures, descriptions, warranties, and
  restrictions
• Jurisdiction
• Context-aware systems may provide more certainty

3
Electronic ContractingThe stage is set for
m-commerce

• US federal E-SIGN (2000), UETA, UCC Art. 2, UCITA
  all recognize e-signatures, e-contracts,
  e-records, e-agents technology-neutral
• Exceptions for certain transactions (land, wills,
  etc.)
• Consumer consent required for e-records
• E-records must be accurate, accessible
• Similar laws worldwide, based on UNCITRAL model
  law on e-commerce
• EU E-Signatures Directive (1999) adds legal
  presumptions for advanced e-sigs using an
  approved method or certification authority

4
Privacy SecurityIncreasingly mandatory

• US Diverse federal and state laws
• telecom and cable subscribers, telemarketing, fax
  ads, spam
• intercepts and unauthorized access
• financial and health records, children online
• FTC, state, and private litigation on fraud,
  unfair practices
• EU general and communications data protection
  directives widely copied
• Context-awareness means more personal data, more
  risk of loss, theft, misuse with greater
  knowledge comes greater responsibility
• Newer privacy laws, contracts include security
  obligations and standards

5
Location-Based Services SurveillanceThe rules
are not mature

• US e-911 mandate Korea, etc. beginning to see
  LBS issues on confidentiality, advertising,
  records
• EU Privacy and Electronic Communications
  Directive (effective Oct. 2003)
• opt-in consent for ads and value-added mobile
  services
• no surveillance beyond stated purposes or police
  powers
• New government surveillance powers in US, Europe
  duty to cooperate and report
• Untested scope of US privacy torts, computer
  crimes
• Employer surveillance monitoring unresolved
• RFID and GPS chips raise new issues of notice,
  consent, and purpose-limitation