Geospatial Innovation and Legal
Implications
Cambridge Conference
July 23, 2013
Kevin D. Pomfret
Centre for Spatial Law an...
2
Geospatial Technology
Now Is Pervasive
Resulting In Rapid Growth in Many
Diverse Uses of Geoinformation
 Social Media
– Geotagged photos, tweets,
 Smart phone ...
4
And Creating A New
Geospatial Community
Universities,
Citizens, NGOs
Industry Government
Geospatial
Community
Data
Provi...
Innovation Will Lead To
“Location—enabled” Societies
5
Augmented Reality
Location-enabled Societies
Offer Numerous Benefits
 Cost-savings and Efficiencies
 Creates Jobs
 Improves Governance
 ...
Geospatial Community:
New Paradigm
 An international ecosystem that collects/uses/stores/distributes
geoinformation.
– Cu...
Innovation Coming From All Segments
of Geospatial Community


8
Has Happened Almost Overnight
St. Peter’s Square - 2005
9 Luca Bruno/AP
St. Peter’s Square - 2013
10 Michael Sohn/AP
Policy/Legal Communities
Have Failed to Keep Up
 A number of policy/legal issues impact the
collection/use/storage/distri...
Uncertainty Making It Increasingly Difficult to
Collect/Use/Store/Distribute Geoinformation
12
Privacy
13
Licensing/Data Sharing
14
Legal/Policy Communities Are
Trying to Catch Up
 Narrowly Tailored/Broadly Worded
– Privacy Laws
– Restrictions on Drones...
16
Regulation of Geolocation Privacy
 Many of the efforts based upon “Fair Information
Practices” (FIP)
 Elements of FIP...
Legal Community Also
Starting to Notice
 Convention on Geoinformation initiated by International Bar Association.
 Inten...
Potential Impact on Innovation
 Greater regulation will result in
 Increased costs and expenses
 Longer roll-out of new...
19
What Should Be Done?
 Raise awareness of role/value of geospatial
community and geoinformation:
 Complete economic, s...
Thank You!
Questions?
Kevin Pomfret
Executive Director
Centre for Spatial Law and Policy
+1 804 928 5870
kevin@spatiallaw....
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Gesopatial innovation and legal implications

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Gesopatial innovation and legal implications

  1. 1. Geospatial Innovation and Legal Implications Cambridge Conference July 23, 2013 Kevin D. Pomfret Centre for Spatial Law and Policy
  2. 2. 2 Geospatial Technology Now Is Pervasive
  3. 3. Resulting In Rapid Growth in Many Diverse Uses of Geoinformation  Social Media – Geotagged photos, tweets,  Smart phone apps  Business Intelligence – Big Data  Open Data  Law Enforcement  Smart Grid  Tracking (assets, loved ones)  Sustainable Development  Infectious Disease  Disaster Response  Climate Change  Protecting Endangered Species  Smart Cities  Insurance  Intelligent Transportation Systems 3
  4. 4. 4 And Creating A New Geospatial Community Universities, Citizens, NGOs Industry Government Geospatial Community Data Provider Data User Data User Data Provider Data Provider Data Consumer
  5. 5. Innovation Will Lead To “Location—enabled” Societies 5 Augmented Reality
  6. 6. Location-enabled Societies Offer Numerous Benefits  Cost-savings and Efficiencies  Creates Jobs  Improves Governance  Provides Greater Transparency  Vital in Addressing Transnational Issues 6
  7. 7. Geospatial Community: New Paradigm  An international ecosystem that collects/uses/stores/distributes geoinformation. – Cuts across technology platforms, industry groups and user communities.  Products and services increasingly being developed based upon aggregation all types of data collected from diverse sources.  Innovation is being done by all stakeholders in the community  As a result policies/laws that impact the collection, impact, and distribution in one segment will impact others. – Traditional stovepipe approaches are obsolete/detrimental 7
  8. 8. Innovation Coming From All Segments of Geospatial Community   8
  9. 9. Has Happened Almost Overnight St. Peter’s Square - 2005 9 Luca Bruno/AP
  10. 10. St. Peter’s Square - 2013 10 Michael Sohn/AP
  11. 11. Policy/Legal Communities Have Failed to Keep Up  A number of policy/legal issues impact the collection/use/storage/distribution of geoinformation  Privacy  Intellectual Property  Licensing  National Security  Open Data  Liability  Policy/legal communities don’t understand geospatial technology, geoinformation, and/or the geospatial community 11
  12. 12. Uncertainty Making It Increasingly Difficult to Collect/Use/Store/Distribute Geoinformation 12
  13. 13. Privacy 13
  14. 14. Licensing/Data Sharing 14
  15. 15. Legal/Policy Communities Are Trying to Catch Up  Narrowly Tailored/Broadly Worded – Privacy Laws – Restrictions on Drones – Laws Regarding Data Quality – National Security Directives and Policies – Proposed “Convention on Geoinformation”  Value of geoinformation often not realized – Policies often about balancing benefits vs. perceived risk  Often fail to recognize “unintended consequence” 15
  16. 16. 16 Regulation of Geolocation Privacy  Many of the efforts based upon “Fair Information Practices” (FIP)  Elements of FIP include: – Notice and Transparency – Consent and Use limitations – Access and Participation – Integrity and Security – Enforcement and Accountability  Applying Fair Information Practices to geoinformation will be difficult
  17. 17. Legal Community Also Starting to Notice  Convention on Geoinformation initiated by International Bar Association.  Intended to apply to all geoinformation, collected from whatever source, for whatever purpose.  Trying to address in one document a number of complex issues that are critical to the geospatial community – such as privacy, data quality, intellectual property rights, and national security.  Would be signed by national government (like a treaty).  Would result in a number of new regulations and burdens on industry (and some government agencies) with respect to the collection/use/distribution of geoinformation.  Would increase the potential liability risks for industry (and possibly some government agencies) and would also likely dampen the willingness of individuals to contribute geoinformation (also due to liability concerns). 17
  18. 18. Potential Impact on Innovation  Greater regulation will result in  Increased costs and expenses  Longer roll-out of new products/services  Risk of lawsuits will increase  As a result . . .  Geoinformation will be harder to collect/use/distribute  Demand/market for geospatial products/services could decrease  Resulting in reduced incentives to innovate  Impact the entire geospatial community  What will the opportunity costs of not collecting be? 18
  19. 19. 19 What Should Be Done?  Raise awareness of role/value of geospatial community and geoinformation:  Complete economic, societal, governmental benefits  Greater understanding of the impact of legal/policy issues on geospatial community. – Begin including in undergraduate/graduate studies  Create regional/local forums that include all relevant stakeholders.  Develop appropriate legal and policy frameworks (as necessary).
  20. 20. Thank You! Questions? Kevin Pomfret Executive Director Centre for Spatial Law and Policy +1 804 928 5870 kevin@spatiallaw.com 20

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