Mobile Apps: Liability, Responsibility and Jurisdiction

The widespread adoption of smartphones and tablets raises important issues about how to best protect consumer privacy. Today, CDT is releasing a paper that continues our analysis of the mobile ecosystem, examining the privacy and other liability issues raised when mobile platforms act as intermediaries, hosting third party apps that access user data.  

Our paper analyzes the current state of the law in the United States, the European Union, and Canada. We begin by describing how both the makers of mobile operating systems and independent developers can create and publish apps that give users a range of choices to enhance the built-in functions of their devices.  We note that, in many ways, this feature of mobile devices mirrors capabilities of desktop programs and web services, where it is clear that hardware makers and operating systems are not liable for the conduct of third party apps.

Turning to the laws that might apply to the mobile ecosystem in the US, we analyze basic principles of contract and liability law, as well as the special role of Section 230 of the Communications Decency Act (which protects against civil liability intermediaries that act in good faith) and Section 512 of the Digital Millennium Copyright Act (which provides a safe harbor for intermediaries from copyright infringement claims, provided that the intermediary complies with notice-and-takedown procedures). We conclude that, under US law, it is quite clear that platform operators are not liable for the conduct of independent third party apps.

In Europe, however, the legal regime is less clear, as intermediaries there are subject simultaneously to the E-Commerce Directive, domestic law, and the Data Protection Directive. Under the E-Commerce Directive, platform operators may be covered under the safe harbor provision for intermediaries, but those rules have been subject to inconclusive and sometimes conflicting national and EU level interpretations. Moreover, the EU is in the midst of updating its data protection rules.

In Canada, we note that the Privacy Commissioner has suggested that social networking platforms should take responsibility for moderating the actions of third party developers.

Policies protecting intermediaries from liability for content created by third parties have helped to expand the space for expression and innovation online. However, there remains considerable debate outside of the U.S. over the application of liability principles to intermediaries in general, and there is little clarity as to how various legal regimes will react to mobile platforms. These questions are likely to further evolve as mobile devices, and their accompanying platforms, gain popularity.  CDT will continue to work for strong protection of intermediaries as the best means to protect user rights and foster innovation.

View the original article here

Mobile Apps: Liability, Responsibility and Jurisdiction

The widespread adoption of smartphones and tablets raises important issues about how to best protect consumer privacy. Today, CDT is releasing a paper that continues our analysis of the mobile ecosystem, examining the privacy and other liability issues raised when mobile platforms act as intermediaries, hosting third party apps that access user data.  

Our paper analyzes the current state of the law in the United States, the European Union, and Canada. We begin by describing how both the makers of mobile operating systems and independent developers can create and publish apps that give users a range of choices to enhance the built-in functions of their devices.  We note that, in many ways, this feature of mobile devices mirrors capabilities of desktop programs and web services, where it is clear that hardware makers and operating systems are not liable for the conduct of third party apps.

Turning to the laws that might apply to the mobile ecosystem in the US, we analyze basic principles of contract and liability law, as well as the special role of Section 230 of the Communications Decency Act (which protects against civil liability intermediaries that act in good faith) and Section 512 of the Digital Millennium Copyright Act (which provides a safe harbor for intermediaries from copyright infringement claims, provided that the intermediary complies with notice-and-takedown procedures). We conclude that, under US law, it is quite clear that platform operators are not liable for the conduct of independent third party apps.

In Europe, however, the legal regime is less clear, as intermediaries there are subject simultaneously to the E-Commerce Directive, domestic law, and the Data Protection Directive. Under the E-Commerce Directive, platform operators may be covered under the safe harbor provision for intermediaries, but those rules have been subject to inconclusive and sometimes conflicting national and EU level interpretations. Moreover, the EU is in the midst of updating its data protection rules.

In Canada, we note that the Privacy Commissioner has suggested that social networking platforms should take responsibility for moderating the actions of third party developers.

Policies protecting intermediaries from liability for content created by third parties have helped to expand the space for expression and innovation online. However, there remains considerable debate outside of the U.S. over the application of liability principles to intermediaries in general, and there is little clarity as to how various legal regimes will react to mobile platforms. These questions are likely to further evolve as mobile devices, and their accompanying platforms, gain popularity.  CDT will continue to work for strong protection of intermediaries as the best means to protect user rights and foster innovation.

View the original article here

Review: Microsoft Wedge Mobile Keyboard

PortableEasy to connectWindows 8 keyboard shortcutsNice designCover doubles as standOnly suitable for tabletsExpensive

Along with the Microsoft Wedge Touch Mouse, the Microsoft Wedge Mobile Keyboard has been released in preparation for Windows 8. It doesn't have a design as divisive as the Wedge Touch Mouse, but it complements it with the same black and silver colour scheme.

It's a small keyboard - not any longer than most tablets, and so typing on it for long periods can be quite uncomfortable. However the buttons feel good, and it's a huge improvement on using an on-screen keyboard on your tablet.

Again, there's no dongle included, so the tablet or PC you pair it with needs to have Bluetooth. Setting it up was as simple as inserting the batteries, then going to 'Change PC settings' in Windows 8 and clicking Add a device. Windows 8 found the keyboard without trouble, and after entering a unique code on the keyboard for security, everything was pared up.

Icons for Windows 8's charms are included above the 'F' keys, which makes navigating Windows 8 much easier. In fact, combining the Microsoft Wedge Touch Mouse and the Microsoft Wedge Mobile Keyboard - essentially turning your tablet into a mini desktop PC - makes using Windows 8 a much more pleasant experience.

The Microsoft Wedge Mobile Keyboard is quite easy to carry about because it's small, thin and light and comes with a protective case that can fold and double as a stand for a tablet.

Overall the Microsoft Wedge Mobile Keyboard isn't a keyboard that you'd want to use with a desktop PC, but if you're going to be doing a lot of writing on your tablet, then it is essential, and the Windows 8-specific shortcut keys are incredibly handy.

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Review: Verizon Jetpack 890L 4G LTE Mobile Hotspot

View the original article here

Mobile Apps: Liability, Responsibility and Jurisdiction

The widespread adoption of smartphones and tablets raises important issues about how to best protect consumer privacy. Today, CDT is releasing a paper that continues our analysis of the mobile ecosystem, examining the privacy and other liability issues raised when mobile platforms act as intermediaries, hosting third party apps that access user data.  

Our paper analyzes the current state of the law in the United States, the European Union, and Canada. We begin by describing how both the makers of mobile operating systems and independent developers can create and publish apps that give users a range of choices to enhance the built-in functions of their devices.  We note that, in many ways, this feature of mobile devices mirrors capabilities of desktop programs and web services, where it is clear that hardware makers and operating systems are not liable for the conduct of third party apps.

Turning to the laws that might apply to the mobile ecosystem in the US, we analyze basic principles of contract and liability law, as well as the special role of Section 230 of the Communications Decency Act (which protects against civil liability intermediaries that act in good faith) and Section 512 of the Digital Millennium Copyright Act (which provides a safe harbor for intermediaries from copyright infringement claims, provided that the intermediary complies with notice-and-takedown procedures). We conclude that, under US law, it is quite clear that platform operators are not liable for the conduct of independent third party apps.

In Europe, however, the legal regime is less clear, as intermediaries there are subject simultaneously to the E-Commerce Directive, domestic law, and the Data Protection Directive. Under the E-Commerce Directive, platform operators may be covered under the safe harbor provision for intermediaries, but those rules have been subject to inconclusive and sometimes conflicting national and EU level interpretations. Moreover, the EU is in the midst of updating its data protection rules.

In Canada, we note that the Privacy Commissioner has suggested that social networking platforms should take responsibility for moderating the actions of third party developers.

Policies protecting intermediaries from liability for content created by third parties have helped to expand the space for expression and innovation online. However, there remains considerable debate outside of the U.S. over the application of liability principles to intermediaries in general, and there is little clarity as to how various legal regimes will react to mobile platforms. These questions are likely to further evolve as mobile devices, and their accompanying platforms, gain popularity.  CDT will continue to work for strong protection of intermediaries as the best means to protect user rights and foster innovation.

View the original article here

MWC 2012: Sony, HTC and LG announce flagship mobile smartphones

Speaking at the Mobile World Congress in Barcelona, the manufacturers increasingly opted for newer, quad-core processors, with only Sony continuing to use older, dual-core models.

The announcements were made on the same day as Chinese giant Huawei announced what it called the world’s fastest smartphone, the Ascend D Quad, which it claimed was able to perform better than either Apple’s iPhone 4S or the Samsung Galaxy Nexus.

LG’s new flagship, the Optimus 4X HD, offers a four-core processor and a high definition screen, as well as a 4G receiver for territories such as America where the technology is available. The firm emphasised that the phone could be used for intensive gaming, and some officials claimed that in normal use the device could last for two days without needing to be recharged.

LG makes the display, battery and camera for the Apple’s iPhone, and hopes that it can produce a similarly successful phone itself. The firm is also producing a small tablet, called the Vu, for the American market. The Optimus 4X HD will run Google’s latest version of Android, Ice Cream Sandwich, and will feature a 4.7” screen with a 1.5GHz processor. LG will also make a series of less expensive devices, targeted at different demographics.

Sony also announced an expansion to its Xperia line of phones, the first the company has made since the end of the Sony Ericsson joint venture. The P and U Xperia models mark an attempt to sell the brand at more mid-range prices. Sony’s incoming Chief Executive emphasised that his task was as much to continue to try to integrate Sony’s music, video games and movies into phones as it was to improve devices. Improved displays would form a key part of the new strategy, the firm said, and the P model features a new technology called ‘White Magic’ for better outdoor viewing. Analysts at CCS Insight said they believed Sony “must quickly exploit its content assets” if its phones were to succeed.

HTC, however, focussed primarily on devices rather than on content. Although the Taiwanese manufacturer announced an improvement to its Dropbox tie-up, allowing enhanced back-up and synchronisation of files, the new 'One' range focused on improving photography and design.

The X, S and V models emphasised their new software, enhanced camera performance and the care taken over the design. Although analysts generally liked the individual products, CCS Insight added that “betting on attractive hardware to lure buyers may be risky in a cutthroat market”.

View the original article here

Apple's iOS most popular for mobile in Europe.

Apple's iOS remains the most popular in Europe but is losing ground. 

Apple’s iPhone operating system iOS remains the most popular in Europe but is in a steady state of decline.

Statistics posted on technology website Pocket-lint.com show how iOS has lost over six per cent of the market share since January 2010. Despite this Apple retains an almost three times larger percentage of the market than Android at 44.95 per cent.

Britain is unique in that Blackberry remains an extremely popular mobile choice lagging only slightly behind Apple with a 36.22 per cent share.

Android is far more popular in the US according to new comScore data which reveals it is second only to Blackberry as the most popular OS. Apple sits in third behind RIM and Google with Microsoft and Palm much further behind.Android in Europe appears to be taking a similar path to that of the US and has been growing monthly, currently sitting at 12.42 per cent of the market.

Nokia experienced a drastic fall in market share since January 2010, with their Symbian OS dropping from 23.25 per cent to 12.57.

The comScore data also shows how Samsung leads in the American market as an OEM. The Korean electronics firm is top of the manufacturer table above LG and Motorola. Interestingly RIM is in fourth and Nokia, despite its decline in European OS share, remains fifth OEM in the US.

View the original article here

HTC's 'freefall photoshoot' advert for the One X mobile phone

Using a C130 Hercules plane, 20-year-old photography student Nick Jojola was sent by HTC to take "the perfect picture" in the 0.8 seconds available during freefall. The model he was photographing was falling at 181mph during the dawn shoot .

Featuring 1,000 feathers, 50 mirrors and four lights along with four canisters of smoke, the shoot was initially cancelled due to bad weather. Jojola's tandem jump, which took place in Arizona, aims to kick-off a campaign for HTC's new phone that will see users recommending the phone to potential customers, rather than asking consumers to rely purely on advertising.

View the original article here