FTC Extends Deadline to Submit Comments on “Privacy” Regulation

Various efforts are under way in the Federal government to create new "privacy" protections for citizens. These proposed rules apply to the collection, storage and use of certain data about individuals, including their address. The rules use the term "precise geolocation data" and prevent any private firm from collecting, storing or using such data without the citizen's advance approval. This is an impractical and impossible requirement for private geo spatial firms.

While there has been some abuse of personal information by some firms in some sectors, such as phishing, the process of attempting to acquire sensitive information such as usernames, passwords, online habits, e-purchases, credit card info, etc. in an electronic communication, e.g. Internet none has involved MAPPS members or the specific geospatial community.

The Federal 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.

Both the Federal Trade Commission (FTC) and Department of Commerce currently have draft regulations open for public comment.

MAPPS has submitted comments to the FTC and Commerce Department opposing regulatory language that would limit the collection, sharing or use of "precise geolocation data".

This is a significant issue and one that we need to address with a unified voice. It is why MAPPS is urging all geospatial professionals to submit comments to the FTC and Commerce Department.
MAPPS respectfully urges members to submit comments to the Commerce Department by today (January 28) and FTC by February 18.

MAPPS Submits Comments to Commerce Department

MAPPS today sent the following email with attached comments to the Commerce Department. 


MAPPS (www.mapps.org), the only national association exclusively comprised of private sector firms in the remote sensing, spatial data and geographic information systems field, is pleased to submit the attached comment on the Commerce Department “green paper”, Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework for the official comment docket.

News Release: MAPPS Urges Federal Trade Commission to Revise Draft Regulation Limiting Use of "Geolocation Information"

MAPPS has submitted formal comments to the FTC on the use of "Precise Geolocation Data". MAPPS urges professionals/firms in the geospatial profession, which includes Location Based Services (LBS) to submit comments. Suggested comments can be found in earlier blog posting below.

MAPPS (www.mapps.org), the national association of private sector geospatial firms, has submitted comments to the Federal Trade Commission opposing regulatory language that would limit the collection, sharing or use of "precise geolocation data".

The association said a draft regulation, proposed in a Federal Trade Commission staff report, threatens data collection, applications and growth in the private geospatial profession.

The draft regulation, "Privacy in an Era of Rapid Change," is intended to protect consumers' privacy by requiring that "companies must provide prominent disclosures and obtain affirmative express consent before using consumer data in a materially different manner than claimed when the data was collected..." MAPPS called compliance with requirement "impractical to the point of impossible" for geospatial firms.

MAPPS believes the current regulatory language threatens information that is collected by private and government entities to perform E-911 and emergency response management, environmental protection, homeland security, mortgage foreclosure monitoring/early warning systems, master planning, and many other tasks that are conducted by geospatial professionals.

"The intent of the regulation drafted by the FTC staff - to protect personal privacy - is laudable, but in its current form, would result in a number of unintended consequences by severely limiting information collected by the geospatial community. This information is collected for government agencies to support government programs and to provide for commercial applications that consumers are demanding in the marketplace," said Jeff Lovin, MAPPS President (Woolpert, Inc., Dayton, OH).

MAPPS urged the FTC staff to more clearly define the term "precise geolocation data", or exempt such information.

"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. It is why MAPPS is urging all geospatial professionals to submit comments to the FCC."

The MAPPS letter comes on the heels of letters to the FCC and Congress.

MAPPS has created a blog to update the geospatial community on the threat. The FTC is accepting public comments through January 31.   

About MAPPS
Formed in 1982, MAPPS is the only national association exclusively comprised of private firms in the remote sensing, spatial data and geographic information systems field in the United States. The MAPPS membership spans the entire spectrum of the geospatial community, including Member Firms engaged in satellite and airborne remote sensing, surveying, photogrammetry, aerial photography, LIDAR, hydrography, bathymetry, charting, aerial and satellite image processing, GPS, and GIS data collection and conversion services. MAPPS also includes Associate Member Firms, which are companies that provide hardware, software, products and services to the geospatial profession in the United States and other firms from around the world. Independent Consultant Members are sole proprietors engaged in consulting in or to the geospatial profession, or provides a consulting service of interest to the geospatial profession.

MAPPS provides its 180+ member firms opportunities for networking and developing business-to-business relationships, information sharing, education, public policy advocacy, market growth, and professional development and image enhancement.

For more information on MAPPS, please visit www.MAPPS.org. 

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.

MAPPS Submits Comments on Proposed FTC Privacy Regulation

Today, MAPPS submitted comments to the Federal Trade Commission (FTC) on it's Staff Privacy Report.

Within the comments MAPPS  "urges the FTC to either remove any reference to “precise geolocation data”, more specifically and exactly define the term; and/or include the exemption we have suggested herein."

The suggested exemption:

For the purposes of the regulations and privacy efforts currently under consideration by the FTC, MAPPS submits the following proposed definition of what is NOT “precise geolocation data/information” and thereby exempt from the scope of such regulation:

1.     Any information about the location and shape of, and the relationships among, geographic features, including remotely sensed and map data;

2.     Any graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images;

3.     Collection, storage, retrieval, or dissemination of graphical or digital data to depict natural or manmade physical features, phenomena, or boundaries of the earth and any information related to such data, including any such data that comprises a survey, map, chart, geographic information system, remotely sensed image or data, or an aerial photograph by surveyors, photogrammetrists, hydrographers, geodesists, cartographers, or other such mapping and geospatial professionals; and

4.     Data originating from commercial satellite systems licensed to operate by the U.S. government, global positioning systems, geographic information systems, and airborne or terrestrial mapping equipment.