Direct Marketing, Mobile Phones, and Consumer Privacy: Ensuring Adequate Disclosure and Consent Mechanisms for Emerging Mobile Advertising Practices

By King, Nancy J. | Federal Communications Law Journal, March 2008 | Go to article overview

Direct Marketing, Mobile Phones, and Consumer Privacy: Ensuring Adequate Disclosure and Consent Mechanisms for Emerging Mobile Advertising Practices


King, Nancy J., Federal Communications Law Journal


 I.   INTRODUCTION
 II.  MOBILE COMMERCE AND MOBILE ADVERTISING
 III. M-ADVERTISING RAISES PRIVACY CONCERNS FOR
      CONSUMERS
 IV.  PRIVACY REGULATION AND MOBILE ADVERTISING
 V.   FEDERAL PRIVACY REGULATION AND M-ADVERTISING
      A. Breach of Privacy Policies as Unfair Trade Practices
      B. Spamming as an Unfair Trade Practice
         1. "Opt-out" Consent is the Minimum Required to
             Send Unsolicited Advertising Accessed on
             Mobile Phones
         2. "Opt-in" is Required to send M-Ads Directly to
            Mobile Phones Using MSCMs
      C. Telemarketing as Unfair Trade Practices
         1. The Telemarketing Sales Rule
         2. The Telephone Consumer Protection Act
      D. Mobile Carriers' Obligations to Protect Phone
         Subscribers' Personal Data
         1. Customer Proprietary Network Information
         2. Subscriber List Information and Access to Mobile
            Phone Numbers
         3. Federal Preemption Limits State Law Regulation
            of Telecommunications Carriers That Aim to
            Enhance Telephone Subscribers' Personal Data
            Protection
         4. Legislative and Administrative Proposals Aim to
            Enhance Consumer Privacy Protections for
            Telephone Records and Mobile Phone Numbers
      E. Obtaining Subscribers' Phone Records by "Pretexting"
         Is a Federal Crime
      F. Federal Statutes Protect Mobile Phone Users'
         Communications from Unlawful Interception or
         Unauthorized Access
VI.   STATE PRIVACY LAWS AND M-ADVERTISING
      A. State Consumer Privacy Laws Address Unfair and
         Deceptive M-Advertising Practices
      B. Common Law Privacy Torts May Apply to M-Advertising
         Practices
      C. Common Law Contract Principles May Limit or
         Facilitate M-Advertising Practices--Focus on Mobile
         Services Agreements
VII.  Is FEDERAL PRIVACY REGULATION ADEQUATE TO PROTECT
      CONSUMER PRIVACY IN M-ADVERTISING?
      A. Consumer Privacy and the Market Approach to Data
         Protection
      B. Privacy Policies Should Provide Notice and Disclose
         Company Privacy Practices
      C. Industry Models for Privacy Policies for M-Advertising.
      D. Fair Information Practices for M-Advertising Must
         Include Obtaining Appropriate Consumer Consent
         1. Using Form Agreements to Obtain Consumer
            Consent
         2. The Use of Privacy Enhancing Technologies as an
            Alternative to Privacy Policies
      E. Why the Market Approach to Data Privacy Does Not
         Currently Ensure Appropriate Consumer Consent for
         M-Advertising
         1. Voice Calls Made to Mobile Phones
         2. Electronic Messages Sent to Mobile Phones
         3. Ads Displayed on Web Sites Accessed with
            Mobile Phones
         4. Ads Generated by Adware or Spyware Loaded on
            Cell Phone Handsets
      F. Proposal for Regulatory Reform to Ensure Appropriate
         Consumer Notice and Consent for M-Advertising
         1. The Need to Protect the Confidentiality of Cell
            Phone Numbers
         2. The Need for Meaningful Short Privacy Notices
            for Mobile Advertising
         3. The Need for Additional Protections Related to
            Consumer Location Data
VIII. CONCLUSION

I. INTRODUCTION

Mobile commerce is gradually emerging as a new commercial environment in the U.S., facilitated by the increasing numbers of consumers who have mobile phones and other portable wireless electronic communications devices. (1) No longer simply a mobile telephone, mobile phones offer new communications and information services. (2) Mobile commerce will enable consumers to use their mobile phones to conveniently purchase goods and services (like parking passes or theater tickets) and to receive timely information content (like directions and maps). …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Direct Marketing, Mobile Phones, and Consumer Privacy: Ensuring Adequate Disclosure and Consent Mechanisms for Emerging Mobile Advertising Practices
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.