October 26, 2016
Carrier IQ, Pre-Transit Keystroke Logging, and the Federal Wiretap Act
Mobile analytics software companies must walk a fine line between providing useful data to their customers—handset manufacturers and wireless network operators—and protecting the privacy rights of consumers whose data they collect. In late 2011, a relatively unknown Connecticut-based systems administrator named Trevor Eckhart revealed that mobile analytics software developer, Carrier IQ, may have crossed this line by surreptitiously collecting outgoing cell phone numbers, SMS message text, and web addresses on user handsets. Although recent judicial decisions have narrowly interpreted the Federal Wiretap Act to exclude pre-transit keystroke logging, courts hearing the upcoming Carrier IQ class action suits should abandon these narrow interpretations in favor of a broader interpretation consistent with the Act’s original purposes.
Andrew D. Salek-Raham, Recent Development, Carrier IQ, Pre-Transit Keystroke Logging, and the Federal Wiretap Act, 13 N.C. J.L. & Tech. 417 (2012), available at http://ncjolt.org/wp-content/uploads/2016/09/16_13NCJLTech4172011-2012.pdf.
The North Carolina Journal of Law & Technology has adopted the Open Access Program, a part of the Scholar’s Copyright Project created by Science Commons. Authors designate the conditions under which their articles are licensed. By downloading articles, you agree to comply with the license terms specified. Click here to see a copy of our Publication Agreement. Please contact NC JOLT at firstname.lastname@example.org with permissions inquiries.