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Mmcp merged

Mmcp merged



Prof. Josh Fairfield and Prof. Robin Fretwell Wilson's PowerPoint

Prof. Josh Fairfield and Prof. Robin Fretwell Wilson's PowerPoint



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  • You can be tracked via GPS, RFID, Cell tower, or Wifi access point.
  • 15.  Commerce, not the government, has proven the greatest invader of personal dignity and privacy. 
  • Buying products for the phone from carrier-approved markets (the App store, the Android market)Buying products from WITHIN apps- whether online shopping for real products like this shopsavvy screenshot, or buying virtual objects in exchanges like Pocket Empire’s stock exchange (screenshot available on the regulating private money slide).“Upsell” products- premium texts, multimedia plans, etc.
  • 16. This will become significantly more important as our computers -- in the form of smartphones -- follow us everywhere we go and monitor everything we do.  Thus, the final recommendation that I make is that personal information collected by a provider be used only for the purposes for which it was collected; it cannot be resold, or traded, or used by other party without express opt-in permission on a per-operation basis.

Mmcp merged Mmcp merged Presentation Transcript

  • Mobile Mayhem:
    Designing an E-Commerce Regime to Regulate Dangerous Behavior in Mobile Environments
    Joshua Fairfield
    • Associate Professor of Law, Washington and Lee University School of Law
    • Director, Frances Lewis Law Center
    Professor Robin Fretwell Wilson
    Washington and Lee University School of Law
    © 2010
  • RoadMap
    Mobile Mayhem: What Can the ‘Net Teach Us About the Future of Mobile Environments?
    Failures of Real-World Enforcement Regimes in Novel Contexts
    Incentives: Workable Alternatives to Enforcement
  • Mobile Mayhem: Mutating Issues
    “Measured in terms of depravity, insularity and traffic-driven turnover, the culture of /b/ has little precedent. /b/ reads like the inside of a high-school bathroom stall, or an obscene telephone party line, or a blog with no posts and all comments filled with slang that you are too old to understand.”
    –Matthias Schwartz, “The Trolls Among Us,” inThe New York Times, 2008
    Marginal Conduct Appeared on the Internet Immediately
  • Mobile Mayhem: Mutating Issues
    • Virtual Worlds made this Marginal Conduct
    • more graphic
    • more real, and
    • more accessible
    to Children
    • Virtual Worlds Accept/Target Children via Gaming Model
    • and provide parent-free venue for kids to bully/speak explicitly to each other
    • Mobile Environments offer LESS supervision and GREATER variety
  • Mobile Mayhem: Sex
    • Sexting: Early Indicator of Marginal Conduct Moving from Desktop to Mobile
    • Augmented Reality Objectification
    • “Jiggletits”: user takes pics of women & manipulates their bodies
    • “Bikini Camera”: user takes pics of clothed women and overlays bikini-clad women over them
    • Pornographic MMS, Websites, Ads, & Apps
  • Mobile Mayhem: Violence
    • Augmented Reality
    • Brings Violence Closer to Real Life
    • Will get more gruesome (realistic) as devices progress
  • Mobile Mayhem: Privacy & Anonymity
    Geolocation Services
    • Passive (unlike Desktop “cookies,” which operate on click)
    • Constant (unlike cookies, which stop logging you when you log off)
    • Necessary for the Commerce Services
  • Mobile Mayhem: Privacy & Anonymity
    Social Network Integration
    • Real Life ID Connection
    • Broadcasting Private Information
    • Makes Users Easier to Contact in Real Life
  • Imagine that instead of “Capt. Tim’s Galley, this showed your presence at the local jail, or the free clinic, or your child’s daycare facility.
  • Mobile Commerce is now much more threatening to personal privacy than any world government.
  • Mobile Mayhem: Holistic Approach
    Invasions of Privacy
    Hate Speech, Cyber-Bullying, Kid-to-Kid Explicit Chat
    Adult Content Accessible to Children
    Users Must Be Protected from Social AND Economic Misconduct in Online Environments
    Deceptive Advertising
    Technical Attack
  • Mobile Mayhem: Scams & Fraud
    • SMShing
    • VOIP phishing
    • Fraudulent Apps or Websites
    Mobile Devices offer more varied means of contact, increasing risk that user will be unaware of threat and trust communication too easily.
  • Mobile Mayhem: Technical Attack
    • Signal-borne
    • Wifi
    • Bluetooth
    • Email
    • Download
    • SMS/MMS
    • Containment Problems
    • Mobility = Infection Opportunity
    • Hardware Theft
    • More Common than Stationary Desktop Devices
  • Mobile Microtransactions
  • The U.S. system of
    SALE, and
    of personal information
    cannot be allowed to migrate to mobile markets.
  • Traditional Enforcement Regimes have been
    Forced into Novel
    (the internet, virtual worlds, and now the mobile marketplace)
  • Enforcement is Ineffective
    Low Equipment Cost
    $1000s Profit Through Comm. Fraud
    Strong Incentive to Defraud
    Many Wrongdoers Engaging in Fraud
    Strong Incentive to Defraud
    Ineffectiveness of Even Harsh Penalties
  • Email
    • costs nothing to send
    • incentives strongly in favor of abuse
    • CAN-SPAM act limits recovery to ISPs, and has been nonexistent
    • costs more to receive than to send
    • TCPA enforcement destroyed legitimate business models
    Text Messaging
    • can cost to send or receive
    • abuse low where sending costly
    • enforcement has led mostly to prosecuting children: punishing children for things they do offline anyway
    • do-not-call list: arguably best abuse prevention of all
    • businesses know who they may/may not contact
    • enforcement serves as backstop
    Failures of Enforcement Regimes
  • The Myth of the Tech-Savvy Third Grader:
    She may know which buttons do what, but she does NOT know how to keep herself [or her (parents’) money] safe.
  • Make Abuses Less Profitable!
    Lower Profit Margins, and Lower Incentive for Abuse
    Lower Profit Margins, and Lower Incentive for Invasion
    Fewer Users Falling For Scams
    Fewer Devices Vulnerable to Attack
    Fewer Users Allowing Privacy Invasions
    Competitive Marketplace for Non-Invasive Products
  • "Double Opt-In" Procedures
    Cross-Account & Cross-Device Authentication
    Cross-Device Password Protection
    • DO NOT store multiple passwords on mobile phones
    • Use DIFFERENT passwords for each device and account
    Technological Authentication
    • Apple’s new iPhone heart
    monitor patent
    • Pantech’s ten-digit speed dial fingerprint reader
    Multi-Part User Authentication
  • Regulation of Private Money
    • Real-world-backed currencies are problematic
    • Online fiat currencies do well
  • Educating Users about Dangers to Children
  • Carrier and Industry Provided Programs
  • Public (Gov’t) Provided Programs
  • Other Accessible Info
  • Mobile Mayhem:
    Designing an E-Commerce Regime to Regulate Dangerous Behavior in Mobile Environments
    Joshua Fairfield
    • Associate Professor of Law, Washington and Lee University School of Law
    • Director, Frances Lewis Law Center
    Professor Robin Fretwell Wilson
    Washington and Lee University School of Law
    © 2010