MAPPS Announces Speakers for Fall Policy Conference

MAPPS is pleased to report that an official from the Federal Trade Commission (FTC) is  confirmed as a speaker at the MAPPS Fall Policy Conference.

Peder Magee, a senior attorney in the FTC’s Division of Privacy and Identity Protection, will speak to MAPPS members on Thursday, November 17.

Mr. Magee works on a variety of policy and litigation matters, including online behavioral marketing, and was involved in the December 2010 "Preliminary FTC Staff Report on Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers."

The report proposed that firms be required to obtain a citizen's approval prior to collecting, storing or using "precise geolocation" data. MAPPS led a geospatial community effort to persuade the FTC to remove or revise the proposal.

Other presentations will feature:

Jerry Johnston of EPA, who will provide a demonstration of the "Geospatial Platform" being developed by the US Government. Johnston will discuss important issues affecting whether and how your firm's data can be on the platform.

The Federal Aviation Administration (FAA) is launching a new program to utilize remote sensing technologies, including LIDAR and others, in its airports program. An Advisory Circular has been issued. FAA will brief MAPPS members on the circular and the potential program.

Other presentations will be announced shortly.

The conference will also feature meetings of the MAPPS Federal Agency Liaison Committees (NGA, USDA, USGS, NOAA, DoD & DHS, and FAA & TSA), which includes valuable information from our Federal agency partners. This year, the MAPPS Fall Policy Conference will be held on Thursday, November 17 at the Hilton Washington Dulles Hotel in Herndon, VA, concurrent with the ASPRS/Pecora Symposium.

Early registration for the MAPPS Fall Policy Conference ends October 30. The MAPPS Fall Policy Conference features sessions on topics of interest to the geospatial community. Presentations will focus on policy issues that affect your firm and your markets.

The MAPPS Fall Policy Conference is only open to MAPPS members. If your firm has not joined MAPPS, we invite private sector firms to join today.

Potpourri

MAPPS has been deeply involved in a number of important issues of late, so this blog post will be a potpourri on several topics of interest to the private geospatial community.

The Federal Geographic Data Committee (FGDC) met in Washington, DC on June 8.  Surprisingly and disappointingly, it was the first meeting of the group responsible for coordination of federal geospatial activities since President Obama took office 2½ years ago. The agenda was long on reports and short on votes, decisions, and actions.  In fact, no votes were taken or policy decisions made.  A lot of frustration was expressed and promises were made for action before the next meeting, the date of which was not established.  I was pleased to be recognized by Acting Chair, Assistant Secretary of the Interior Anne Castle, to express concern for three threats to the geospatial community – government service and private practice alike.  Those were the threat the LightSquared application to the FCC poses for interference with GPS signals and all GPSusers, the FCC “privacy” rules that propose to limit the collection, storage and use of “precise geolocation data” without defining that term, and the criminalization of directing laser pointers at aircraft or their flight path, with LiDAR manufacturers’ interpreting the definition of the term “laser pointer” to include LiDAR.  Fortunately, Ms. Castle took note of all three and agreed to follow up on each.

Senators Orrin Hatch (R-UT) and Mike Lee (R-UT) have introduced a Senate version of the Federal Land Asset Inventory Reform (FLAIR) Act, to provide a current, accurate inventory of all land owned by the federal government, and to have an inventory of existing inventories conducted to identify those that are out of date, obsolete, redundant, non-interoperable or can otherwise be eliminated in favor of the new, current, accurate GIS-based cadaster.  S. 1153 is a companion to H.R. 1620, which was introduced in the House earlier this year by Rep. Ron Kind (R-WI) and Rob Bishop (R-UT).  ACSM and NSGIC are among the groups that have joined MAPPS in support of the bill in the past.  The bill was also recommended by the National Research Council of the National Academy of Sciences.  The NRC/NAS report recommendations have in turn been endorsed by the National Geospatial Advisory Committee (NGAC) and the Coalition of Geospatial Organizations (COGO).

The issue of government duplicating and competing with the private sector in the performance of commercially-available activities is getting a lot of attention these days.

The tragic tornado that hit Joplin, MO has also stirred up a storm of controversy.  NOAA dispatches an aircraft from Tampa, FL to capture aerial imagery.  Problem is, such digital aerial imagery had already been acquired, days earlier, by two private firms in Missouri, Surdex and MJ Harden.  The NOAA aerial photography unit has been documented by the Commerce Department Inspector General as being inferior to the private sector in cost and quality and privatization of the government capability has been recommended.  Moreover, a federal law, known as the Economy Act, implemented in the Federal Acquisition Regulation, requires an agency proposing to provide a service to another agency to prepare a determination and findings (D&F) that “the supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source.”  It is not known if NOAA prepared the D&F or if it did, how did it justify being more convenient or economical than aerial imagery already acquired.

The U.S. of Representatives has tackled two aspects of government performing commercial activities.  An amendment to the National DefenseAuthorization bill for 2012 by Rep. Nan Hayworth (R-NY) puts Congress on record as being opposed to insourcing - an Obama Administration program to convert work currently performed by private sector contractor firms to performance by Federal government employees.  In her speech in the House debate, Rep. Hayworth mentioned mapping as an example of a commercial activity that has been insourced in some agencies.  The Hayworth amendment was approved on a voice vote.  

A provision in the Department of Homeland Security (DHS) appropriations bill for fiscal year 2012 was stripped of a provision that would have prevented DHS from contracting out activities currently carried out by government employees, even if commercially available.  The amendment to remove the anti-free enterprise language, offered by Rep. Pete Sessions (R-TX), was approved by a 218-204 vote.




More news about MAPPS activities will be available next week in our bi-montly newsletter FLIGHTLINE, a link will be posted on the blog. Additionally, MAPPS is gearing up for a full program at the 2011 Summer Conference June 26-30 in Bolton Landing (Lake George), NY.

MAPPS Host 20th Annual Federal Programs Conference

Numerous policy and market opportunity pronouncements were unveiled at the 20th annual MAPPS Federal Programs Conference, held March 15-16 in Washington, DC. More than 90 MAPPS member firm principals, owners, partners and senior pro- fessionals converged in the nation's capital for briefings and meetings with more than 20 Federal agency officials, as well as more than 150 vis- its to the offices of Represen- tatives and Senators in the U.S. Congress.

At the Federal agency briefings on March 15, MAPPS members were treated to first-look information that could lead to upcoming business opportunities for private geo- spatial firms. The National Geospatial Intelligence Agency’s (NGA’s) Dennis Morgan announced that its request for proposals for Geospatial Intelligence (GeoINT) Data Readiness (GDR) contacts, the successor to the current Global Geospatial Intelligence (GGI) contracts, will be issued later this year. Additionally, FEMA‟s Paul Rooney noted the Department of Homeland Security (DHS) released its request for qualifications from firms for contracts for Remote Sensing to Support Incident Management and Homeland Security days be- fore the MAPPS session.

While MAPPS was in Washington, the Small Business Administration (SBA) released its proposal to revise “size standards” or definitions of small businesses in a variety of Professional, Technical, and Scientific Services categories. The classification for surveying and mapping, as well as architecture and engineering, is proposed to rise from $4.5 to $19 million in gross annual receipts, measured on a three year average.

The Federal Communications Commission (FCC) provided an update on its role in producing a national broadband map, compiled from individual state mapping efforts, and plans for a next-gen 911 system. Michael Byrne, the Geo- spatial Information Officer (GIO) of the FCC, assured MAPPS members that the FCC is well aware of the GPS interference posed by the LightSquared application, that the FCC understands the concerns expressed by MAPPS and others in our community, and that the LightSquared application will either be rejected or amended to assure no interference with GPS. While noting he could not comment on an ongoing investigation, Byrne said FCC’s inquiry of certain Google activities will not result in regulation of the broader geospatial community. He reported the caution provided by MAPPS was helpful in educating the FCC on the activities of the private geospatial profession. The privacy issue was also addressed by Karen Siderelis, GIO of the Department of the Interior and chairman of the Federal Geographic Data Committee’s (FGDC)’s executive committee. She reported on a meeting between FGDC and Federal Trade Commission (FTC) staff in which the FTC said it was “flooded” with comments on proposed regulations prohibiting the collection, storage or use of “precise geolocation data" without a citizens' prior approval. Siderelis said the FTC admitted it inappropriately used the term, resulting in an “unintended consequence” that would be corrected in the final rule. FTC is also considering a work- shop with the geospatial community to identify ways to implement privacy protections against phishing and cyber stalking, without disturbing the legitimate activities of geospatial firms.

Both Siderelis and BLM Chief Cadastral Surveyor Don Buhler predicted a demand in boundary data on Indian lands resulting from settlement of the Cobell case. Buhler reported the Interior Department’s Inspector General found “the Bureau of Land Management's Cadastral Survey program was missing the opportunity to identify and perform surveys on high risk lands where significant potential revenues could be collected by the Department or Indian tribes. Proper survey and management of high risk lands with antiquated surveys has the potential to generate hundreds of millions of dollars in revenue from lands with valuable resources.”

Bureau shared information on research and development opportunities for the 2020 Census to exploit technology on a secure (web) exchange process for ad- dress and spatial data, ways to ingest spatial and address data from partners, products and services that may facilitate the exchange of spatial and address data from Census to partners, and the use of imagery and change detection methods. She also said that the current Census policy that Title 13 restrictions prohibited sharing of master address file (MAF) and building structure point data is being reviewed.

David Kennedy, Assistant Administrator of NOAA for the National Ocean Service, provided details on a more than $80 million program for base mapping and charting activities, hydrographic surveys, integrated ocean and coastal mapping, and shoreline mapping. He also said an investigation was being launched in response to a MAPPS com- plaint about a recent bid for professional LiDAR data collection services in California that violated the Brooks Act and was awarded to a university.

On Wednesday, March 16, MAPPS members traveled to Capitol Hill to visit their Congressional delegations. As a result of the MAPPS efforts, ten cosponsors were secured for FEMA flood risk map reform legislation, seven lawmakers committed to cosponsoring the Federal Land Asset Inventory Reform (FLAIR) Act, providing a current, accurate, GIS-based inventory of Federal land ownership, nineteen Representatives and Senators pledged to cosponsor the Freedom from Government Competition Act and five members of the House agreed to introduce a bill to reform governance and coordination of Federal geospatial activities, known as the Map It Once, Use It Many Times (MIO-UIMT) Act.

MAPPS provides copies of the presentations from speakers to Members Only. For more information on how to join MAPPS, click here.

MAPPS Advocacy on Precise Geolocation Information Highlighted in Analysis of Filed Comments to the FTC

The Information Law Group has been monitoring privacy regulations at the State and Federal level, including the recent draft from the Federal Trade Commission (FTC). MAPPS, along with other geospatial associations and private firms, submitted comments addressing the use of "precise geolocation data". MAPPS is concerned with this term as it "would result in a number of unintended consequences by severely limiting information collected by the geospatial community".

The Information Law Group has released their findings in a post titled What's Next for the FTC's Proposed Privacy Framework? 

Within the five points made by the group, Point #5 – FTC will define 'Precise Geolocation Data' in its Next Framework.

The independent group focused on the response from geospatial associations and private firms that submitted comments on this threat. MAPPS was diligent through this blog and outreach to the geospatial community about the potential threat this could pose to the profession. This was identified in the post:

"This serves to highlight how closely the reports of agencies with regulatory and enforcement authority, like the FTC, are scrutinized by groups and associations. More likely the FTC's inclusion of “precise geolocation data” was a placeholder nod to location-based tracking and information increasingly sent out by GPS-enabled smartphones. But words matter. Definitions define. And entities are wary of any governmental action that could effect their industry."

This is only the beginning to what is sure to be evolving debate at the Federal and State level with regards to consumer and internet privacy. MAPPS will continue to help educate officials about the benefits and broad use of geospatial and geolocation technologies.  This is noted at the end of the post, the broad concerns of our profession will be subject to scrutiny from a lack of understanding:

"In short, expect the FTC to address geospatial and geolocation issues further within any broader online privacy framework moving forward, though as noted above, the State Attorneys General, like the FTC, appear to have completely missed the broader concerns of this group. "

In addition, MAPPS mobilized geospatial organizations including COGO, FGDC and The Centre for Spatial Law and Policy (Spatial Law) to submit comments to the FTC. The geospatial market “flooded” both the FTC and FCC with comments. MAPPS will continue to monitor the FTC’s recommendations and update the community.

From POB Editor: HOW THE FTC COULD SHUT DOWN YOUR BUSINESS

"This is from POB Editor Christine Grahl, originally posted on SIGHT LINES, a blog on RPLS.com. Grahl offers insights on issues of interest to surveying and mapping professionals."

Welcome to this week's edition of the POB eNews ...

When Congress failed to pursue several pieces of privacy legislation proposed or introduced in 2010, many in the surveying and mapping professions breathed a sigh of relief. A proposed draft of legislation introduced in May by Rep. Rick Boucher (D-Va.), which was intended to protect personal privacy, would have unintentionally limited the data that could be collected for a broad range of geospatial applications. The language in the bill was far too vague. A similar bill with equally ambiguous language -- HR 5777, the Best Practices Act -- was introduced in July by Rep. Bobby Rush (D-Ill.), but it, too, stalled out. It appeared that all the concern about these proposals had merely been false alarms.

However, new threats loom on the horizon, this time from the Federal Trade Commission (FTC) and the U.S. Commerce Department. In an FTC staff report issued on Dec. 1, 2010, titled "Protecting Consumer Privacy in an Era of Rapid Change," the FTC proposes regulations and policies that could, in essence, shut down the geospatial community.

"There are two major problems with this proposal," said John Palatiello, executive director of MAPPS. "This proposal (like legislation that was introduced but not acted upon by Congress) uses the very broad term 'precise geolocation data' but does not define the term. This is very dangerous. Also, to require that any geospatial firm get 'affirmative express consent' from every citizen about whom precise geolocation data is to be collected is impractical to the point of being impossible. This is not just data about an individual but any 'precise geolocation data.' This would require every citizen to be contacted and approval obtained before parcel data is collected, or imagery, or elevation data or any other geolocation data."

MAPPS, an association of photogrammetry, mapping and geospatial firms that has a strong record of advocacy, submitted a detailed letter on Jan. 4 to the chairman of the FTC, outlining the areas of concern and urging the FTC to remove any reference to "precise geolocation data," more specifically and exactly define the term, and/or include an exemption that would prevent the regulations from harming geospatial businesses.

Palatiello is also encouraging everyone involved in surveying and mapping to review the details of the proposal and submit comments to the FTC prior to the Jan. 31, 2011, deadline.

A report from the U.S. Commerce Department issued on Dec. 16 is raising similar red flags, and Palatiello expects additional legislation to be introduced in 2011 as personal privacy in an era of increased information sharing remains a concern.

"These proposals are poorly written, do not define precise geolocation data, and have serious unintended consequences for industries and professions beyond those these federal authorities are attempting to regulate," Palatiello said. "This is a significant issue and one that we need to address with a unified voice."

What do you think? Will you get involved? Share your thoughts in my Sight Lines blog.

Have a proactive week.
Kristi Grahl, POB Editor

Should the Geospatial Community be Worried About the Federal Agency Reports on Privacy? YES, AND HERE IS WHY!

In response to a recent podcast by Directions Magazine in which MAPPS was not contacted for comment or clarification there was speculation by the hosts. MAPPS would like to clarify the issues and answer the questions raised in the podcast.

The current proposals from the Federal Trade Commission (FTC) and Department of Commerce are both regulations, which “referrers to a specific requirement that can take on various forms, such as industry specific regulation or regulations that are much broader in scope” and not legislation going through Congress. It is because of this “broad scope” that MAPPS has mobilized the National Geospatial Advisory Committee (NGAC), Coalition of Geospatial Organizations (COGO) and law experts in the geospatial profession urge the geospatial community and those affected by the term “precise geolocation data” to take action and comment on the proposals.

Throughout the podcast the words ‘regulation’ and ‘legislation’ were interchangeably misused. As noted in the discussion, MAPPS commented on two separate pieces of legislation one draft and one formally introduced in Congress (HR 5777 ) that ultimately did not move in the House of Representatives or Senate. Regulations, such as those proposed  by the FTC and Commerce are not the same as legislation.

It is because of its experience and expert knowledge of the legislative and regulatory system that MAPPS has urged a response from the entire geospatial community.

Is this a web-based or browser based regulation targeting the Internet?

No, though this is drafted as a ‘consumer protection’ regulation, the fact that the term “precise geolocation data” is included in the regulation without any parameters indicates that no one industry or profession is defined and can affect with any industry/profession that falls within the definition.

Does the draft regulation include satellite, aerial photography and location based services (LBS)?

Yes, due to the broad use of the term precise geolocation data/information through the draft all would be regulated. It is because of this broad definition and the timeframe in which to comment that MAPPS is mobilizing the geospatial community – both producers and users.

Potential for competition with private firms.

The commentators allude to “potentially put US firms in competition with foreign firms who may or may not be under this same rubric and basically have a considerable impact on the business of members of MAPPS”.  This is a real threat.

To understand the extent of the FTC and Commerce proposals, take for example a town such as Reston, Virginia. They hire a geospatial firm to do a master plan, which requires address and parcel data. With the current language, a mapping, planning or A/E firm would have to get ‘prior consent’ from every landowner whose property would be included in the planning. That is impractical to the point of being impossible to comply with.

Comment to the FTC and Commerce.

MAPPS is alerting the greater geospatial community, including data producers and users, and location based service firms, of the immediate threat this has on their businesses and organizations. Social media companies such as Foursquare and MAPPS member firms such as CompassData, Inc., i-cubed and NAVTEQ that utilize and develop location based services (LBS) would be affected by this regulation.

It is because of the MAPPS is not made up of just aerial or collection firms, but firms in the broad spectrum of geospatial activities, including LBS, applications, and value-added services that MAPPS strongly urges for all firms to individually comment to the FTC and Commerce Department.  

Again, MAPPS is working with the National Geospatial Advisory Committee (NGAC) and the Coalition of Geospatial Organizations (COGO) to each send comments on these regulations.