The new wave of mobile and cloud computing presents a tremendous amount of innovation and opportunity. Together, the combination of innovative new devices like smart phones and tablets, along with centralized cloud-based storage and computing power, promise to transform how we work, consume media, communicate and live our live. The recent proliferation of these technologies is only the tip of the iceberg.

Perhaps the most visible innovation to users comes in the form of mobile apps providing information, services and communication in a way that was unimaginable just five years ago. Increasingly, substantial functionality of mobile apps derives from location-based services (LBS) that customize users experiences based on where they are.
Of course, with the opportunities always come new challenges.

On Tuesday, a bipartisan group of six Senators sent a letter to the FTC and DOJ expressing serious concern about “stalking apps,” mobile apps that allow “someone to continuously and secretly monitor another person’s movements and whereabouts.” There are clearly legitimate uses for individuals to be able to track others, such as the case of parental tracking of children’s location, or even allowing individuals to decide to allow others access to their location information to stay connected.

However, it goes without saying that some apps are designed and openly marketed to individuals seeking to “stalk” or “spy” on an unwitting victim. They clearly are designed to run secretly, or are undetectable. They are an invasion of privacy and pose a real threat to public safety.

The Senators appropriately reference some of the good work that is being done by the industry to combat this challenge, particularly that “all major carriers take precautions pursuant to voluntary industry guidelines to notify a wireless user that he or she is being tracked through one of the services” that they provide within users of a calling plan. Additionally, the leading smartphone and tablet platofrm providers have adopted policies that include removing any illegal apps that are identified. Spyware isn’t new, it’s been around and used to spy for quite some time. Fortunately, the technology industry has done an excellent job of providing tools for individuals to monitor and combat this phenomenon.

So, this is another case of good technology—LBS—being used for bad purposes. As always, it’s critical to make sure that laws and regulations are applied to stop the malicious applications without thwarting the technology. The obvious flip side is the benefit that LBS can provide for locating missing persons, particularly children. It would be a shame to lose this critical new technological tool.

SIIA is confident this balance can be created, through the application of technology and voluntary industry measures, as well as targeted enforcement for bad actors by the FTC and other regulators. We look forward to working with policymakers and regulators to enable enforcement against apps that inappropriately facilitate stalking.

More broadly, SIIA is actively working with a broad cross-section of stakeholders to develop to voluntary privacy principles and best practices for mobile app developers, and to establish transparency about the collection, use and protection of consumer data. We are confident that such practices, along with current laws and regulations, can ensure the level of safety and satisfaction that users deserve, and that will enable continued explosive innovation and growth.

David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy.