Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Android
    • Android
    • Cybersecurity
    • Mobile

    FTC Response to Privacy-Violating Flashlight App May Signal Big Changes

    By
    Michelle Maisto
    -
    December 19, 2013
    Share
    Facebook
    Twitter
    Linkedin

      The Federal Trade Commission (FTC) is said to have a sent a message to the wireless industry in its handling of a settlement with Goldenshores Technologies, an app development company run by someone named Erik M. Geidl, who sold tens of millions of people a privacy-violating Android app.

      The “Brightest Flashlight Free” app wasn’t just performing the helpful function its name suggests, but it was sending precise location information about users, as well as the unique identifier number of their phones, to third parties, including advertising networks.

      The app disclosed that it collected user information, though it didn’t say that it shared the information with third parties. Further, when people went to download the app, it presented them with a “false choice,” the FTC said in a Dec. 5 press release.

      “At the bottom of the license agreement, consumers could click to ‘Accept’ or ‘Refuse’ the terms of the agreement. Even before a consumer had a chance to accept those terms, though, the application was already collecting and sending information to third parties—including location and the unique device identifier,” the FTC explained.

      Goldenshores’ settlement with the FTC prohibits it from misrepresenting how consumers’ information is collected and shared and the control they have over their information. It also requires Goldenshores to provide a just-in-time disclosure that informs consumers “when, how and why their geolocation information is being collected, used and shared, and requires defendants to obtain consumers’ affirmative express consent before doing so,” said the statement.

      While the settlement may seem “run-of-the-mill,” it’s actually “particularly noteworthy,” wrote D. Reed Freeman Jr., a partner with legal firm Morrison Foerster, and Adam Fleisher, an associate with the firm, in a Dec. 16 post on the law-meets-social-media blog SociallyAware.

      It’s noteworthy, they say, because the company’s alleged violation of Section 5 resulted not from the app being deceptive but “from an alleged material omission, and from an allegation that whatever disclosures there were did not rise to the required level of prominence because they were in the privacy policy and [end user license agreement] only.”

      Such allegations and policy determinations have until now been limited to spyware, and crept into online behavioral advertising, but otherwise haven’t been a part of the FTC’s enforcement actions.

      They continued:

      “This case represents the FTC’s signal to the industry that material facts, especially those involving sensitive data, and especially where the facts involve collection, use or disclosure of data that may surprise ordinary users because it is out of context of the use of the service, must be disclosed not only in a privacy policy, but also outside the privacy policy, clearly and conspicuously, prior to collection of the data.”

      The pair added that the FTC gave Goldenshores “very specific and detailed instructions” about how it needs to conduct the business of selling apps, “which could perhaps be an indication of where the FTC expects the entire industry to go in the near future.”

      Michelle Maisto
      Michelle Maisto has been covering the enterprise mobility space for a decade, beginning with Knowledge Management, Field Force Automation and eCRM, and most recently as the editor-in-chief of Mobile Enterprise magazine. She earned an MFA in nonfiction writing from Columbia University, and in her spare time obsesses about food. Her first book, The Gastronomy of Marriage, if forthcoming from Random House in September 2009.

      MOST POPULAR ARTICLES

      Big Data and Analytics

      Alteryx’s Suresh Vittal on the Democratization of...

      James Maguire - May 31, 2022 0
      I spoke with Suresh Vittal, Chief Product Officer at Alteryx, about the industry mega-shift toward making data analytics tools accessible to a company’s complete...
      Read more
      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      Applications

      Cisco’s Thimaya Subaiya on Customer Experience in...

      James Maguire - May 10, 2022 0
      I spoke with Thimaya Subaiya, SVP and GM of Global Customer Experience at Cisco, about the factors that create good customer experience – and...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×