1. Field of Invention
The present application relates to a combination of hardware, firmware, or software used to control privacy breaches by mobile devices, wearable devices, game systems, or devices part of the so-called “internet of things” together with infrastructure to allow owners and users of such devices to control privacy aspects of these devices. The processes described herein selectively restrict the collection, storage, transmission, and metadata labels of information collected by such devices.
2. Discussion of Related Art
The capabilities of networked devices, particularly mobile networked devices, have grown exponentially in the past decade. Devices which previously were used solely for voice communication now include texting, Skyping®, geo-locational services, productivity software, games, full internet access, and recording of sound, still pictures, and video. Wearable devices blur the division between clothing and accessories and such devices. Gaming systems are well advanced from the stand-alone consoles of the past and are usually networked to facilitate multi-player games and handle sensitive information such as credit card numbers. The so called “internet of things” brings connectivity to thermostats, light switches, smoke alarms, automobiles, utility metering, household appliances, industrial machinery, and a multitude of other things.
With these growing capabilities have come growing concerns about the security and privacy problems engendered by these devices. The ability to record sound, pictures, and video are especially problematic. An Ohio man was recently escorted out of a movie theater and detained for hours by the FBI because he was suspected of recording a bootlegged copy of the movie using Google Glass®.1 Increasingly powerful, cheaper, and more ubiquitous mobile devices with collection capabilities are meeting growing resistance from those with legitimate privacy and security concerns. Such conflicts are likely to become more severe as wearable devices (Google Glass® being just an early example) become more widespread and difficult to identify. As connected devices further penetrate the home and become ubiquitous in daily life, the potential for privacy abuse grows exponentially. Hand in hand with privacy concerns are security concerns: vacant homes can be identified, vulnerable children can be located, connected devices can be sabotaged, etc. 1 Washington Post, “This Google Glass user went to the movies. Then he got interrogated for about four hours,” Jan. 21, 2014.
There seem to be two current responses to the privacy and security problems posed by these devices. Either such devices are prohibited from certain places or events denying the owners the other functionality of the devices, or people accept degradation of security and privacy such devices represent (i.e., live with them). With the legal regime surrounding such devices uncertain, conflict, including physical confrontation, is almost inevitable between those desiring the functionality afforded by these devices and those desiring to preserve security and privacy. The acceptance of many networked devices will depend of the assurances of those using such devices and those interacting with these users that privacy and security will be protected.
At core of these concerns is the ability of this family of devices to collect, store, label, sometimes process, and disseminate data, whether it is still pictures, full motion video, sound, location, temperature, velocity, flow of energy, water, sewage, or data, or a host of other information, some already collected by networked devices and other not implemented or even imagined. A series of processes which safeguard privacy and security during the use of such devices must provide a method of imposing selective controls on the collection, storage, labelling, processing, or dissemination of such data. Such controls need to be paired with a process whereby users or owners of networked devices and those they interact with can opt-out, limit, trace, become aware of, or otherwise affect the collection, storage, labelling, processing, and dissemination of such data by networked devices. Such processes could be either technological blocking (i.e., video and sound recording prevented at concert) or procedural (i.e., video and sound recording at concert is tagged with metadata identifying the location and time allowing easier scrubbing of such files from YouTube or other sites for copyright or other infringement). Procedural processes could in turn be mandatory or voluntary.
This application discloses a process by which privacy and security rights are asserted or preferences are expressed about data collected by networked devices and the collection and use of the collected data are affected by these asserted rights or expressed preferences. The overall process includes two subordinate processes. The first subordinate process is a means by which users or owners of networked2 devices or those they interact with them can opt-out, limit, trace, become aware of, or otherwise affect the collection, storage, labelling, processing, and dissemination of such data by networked devices. This first subordinate makes such rights and preferences available to networked devices by one of two methods. In the first, a networked opt-out registry allows owners or users of networked devices or those who interact with them the ability to assert rights or express preferences about the collection, storage, labelling, processing, and dissemination of data by a device and makes these rights and preferences available to hardware, firmware, software, or “cloudware” on or used by the device. In the second method, information about the asserted rights or expressed preferences of owners or users of networked devices or those who interact with them is conveyed by a beacon signal detectable and interpretable by the networked device. The second subordinate process is hardware, firmware, or software on a networked device or “cloudware” used in place of hardware, firmware, or software resident on the device which imposes selective controls on collection, storage, processing, labeling, or dissemination of data by a networked device in response to the rights asserted and preferences expressed in the first subordinate process. 2 The term networked here is intended to mean a device connected by wiring or some wireless technology such as radio waves (i.e., Wi-Fi or cellular signal) to a larger group of devices, servers, routers, processors, storage devices, or other devices. The most widespread current implementation of such a grouping is the internet, but intranets and other groupings may supplant or operate in parallel with the internet in the future. Connection may be near continuous or intermittent.
Within this overall framework, numerous types of rights may be asserted or preferences expressed with many different effects on collection, storage, labelling, processing, and dissemination of data by a device. For example, restrictions could be placed based on the time, place, duration, or type of collection of data by a device. Storage could be restricted based on of these factors or any combination of them. Overt or metadata labeling of collected data might be required under certain conditions, and certain processing (such as facial recognition) might similarly be restricted. The dissemination of such data or data derivative of data collected by the device can be prevented, restricted to destination, or dependent on specific labeling (metadata or otherwise).
Finally, a number of ancillary processes can be used to 1) detect the presence or absence of privacy and security protection technology on a device, 2) verify the integrity of such privacy and security protection technology on a device, and 3) detect and or locate devices which either have or do not have such technology present. Such processes could be generic and support multiple purposes or tailored for specific uses (i.e., you need to download specific software to your wearable device to use it on a military base and such software restricts still and video photography, or you need to download specific software to use your wearable device in a popular chain of restaurants or nightclubs which may restrict the use of the device or inform others of the use to which it is being put). Such processes could also include a device registry in which mobile, wearable, or other networked devices are registered as meeting some specific standards for privacy and security protection or for the presence of specific, tailored software programs.
This application discloses a process by which privacy and security rights are asserted or preferences are expressed about data collected by networked devices and the collection and use of the collected data are affected by these asserted rights or expressed preferences. The overall process includes two subordinate processes. In the first, such rights and preferences are asserted and expressed and made available to devices. In the second, the data collected by such devices or its use and disposition is affected by these asserted rights and expressed preferences. (See
There are two alternative embodiments of the first subordinate process. In the first embodiment, owners or users of a networked device or those who interact with them assert rights or express preferences through an online opt-out registry where information in the registry can be accessed by the networked device. (See
The sort of opt-out information which might be conveyed by any of these embodiments is quite flexible and may be both detailed and complex. In a simple embodiment, an opt-out registry or beacon might be used to convey restrictions on a type of data collection at a particular location. For example, the owner of a movie theater might assert a right or express a preference to prohibit video and sound recording within the theater. The owner might limit such restrictions just to times when a movie is actually playing either by including show times in the opt-out registry or by turning the beacon signal off when no movie is showing. A sports venue might allow still photography where the imaging lens is focused no more than a certain distance from the device, allowing attendees to photograph themselves and friends at the venue but not the sporting event. An event organizer might prohibit any sort of photographic or sound recording providing exceptions for those who pay a license fee or agree to upload these recordings only to a specific site where they might be used by the organizer (authorizing unofficial cameramen), possibly sharing royalties with the device user. When there is locational uncertainty for the device, a variety of responses is possible. (See
The opt-out information, whether made available to devices by either method can include restrictions on place, time, types of collection, storage or onboard processing of data, labelling of data (overt or metadata tags3), or dissemination of data. Dissemination control, particularly when paired with metadata tagging, can be used to detect or restrict further use of the data (i.e., a restriction that the data cannot be used for facial recognition or video of a concert cannot be posted online). A casino or conference venue might, for example, allow unlimited audio and video recording but restrict dissemination off the collecting device and any storage once the device has left the neighborhood of the casino or conference (the “What goes in Vegas stays in Vegas” type restriction). Locational based restrictions (by themselves or combined or qualified by other restrictions such as time) can be based on boundaries (two or three dimensional) (see
The management of an opt-out registry with geographic restrictions may require some additional processes to ensure its integrity. A registrant might be required to verify an interest in the space he or she is attempting to register as opted-out of some form of collection. That verification might be a proof of ownership or rental of a location, a contract to hold an event at a location, or some other method of verifying interest. In order to prevent abuse (i.e., to prevent a celebrity from opting-out the street area outside a restaurant which he or she plans to visit), certain spaces could be restricted from opting-out. For example, still and video photography is generally allowed in open public places (streets, parks, highways). In other places, state and local laws may govern certain types of collection (and the registry could either flag entire jurisdictions as either opted-out of certain types of collection or not eligible for opting out. Additionally, certain types of facilities might be opted-out of collection: museums, funerals, courtrooms, military facilities, etc. Finally, the accuracy of the device geo-locational capability will need to be considered, a parameter which may vary by device, location, meteorological conditions, and the current locations of the array of GPS satellites.
In the second subordinate process, hardware, firmware, or software on a device or “cloudware” used in place of hardware, firmware, or software resident on the device (hereafter collectively called “code”) imposes selective controls on collection, storage, processing, labeling, or dissemination of data by a networked device in response to the rights asserted and preferences expressed in the first subordinate process. There are five primary functions that may be performed by the code. (See
Not every embodiment of the second subordinate process need have all five components. Any embodiment will, however, have at least the interpretation center and one of the next three controllers. For example, a device with only the interpretation center and the data collection controller would stop restricted types of collection in areas so identified by an opt-out registry or beacon signal. A device with the interpretation center and the data disposition controller would allow collection of data but implement restrictions on the further use of that data and derivative data (i.e., delete after certain period of time, place overt or metadata labels on data, restrict types of processing locally, or prevent or restrict dissemination of data). Finally a device with the interpretation center and a notification controller would allow unimpeded collection and use of the data but inform the user of any asserted rights he might be infringing upon or preferences he may be disregarding. Compliance, if any, would be the responsibility of the user.
One problem with controlling wearable devices and other mobile devices is that they are relatively hard to detect. While Google Glass® may have a distinctive look, other small or wearable devices may be harder to differentiate from similar articles of clothing or accessories. Most cell phones and other mobile devices are easy to conceal. Because of this difficulty, many businesses, other venues, and homes have difficulty excluding or otherwise controlling these devices. Nor will those wishing to exclude or control such devices have easy ways of differentiating between various versions of such devices which may have different capabilities engendering different privacy and security concerns.
The acceptance of mobile devices, particularly but not limited to wearable devices, in many venues requires some assurance on the part of the owner, operators, and users of the venue and others who are in the venue that proper privacy controls are present on the device, not tampered with, and operational. An enhancement of the methods above may provide a means of verifying that a mobile device is equipped with the some or all of the control features described above. For a device with no changeable software, such confirmation could be visible (a logo or indicator on the device that says it meets certain standards for controlling collection in opted-out areas. For other devices, a query, perhaps IR or RF signal, might be sent to the device. Some part of the code used by the device (hardware, firmware, software, or “cloudware”) in the operating system, the application program interface (API), or an application on the device would be able to determine both the presence and integrity of the collection controller and data disposition controller on the device. This “opt-out integrity verifier” module would, through a series of check-sums and other verification algorithms determine, with a high degree of certainty, that the device opt-out functionality is present and not tampered with. If the code so such upon receiving a query, it would respond with a signal, perhaps encoded, which verifies the opt-out integrity. (See
Specific devices could be located in a venue to enforce privacy and security restrictions. For example, a person might turn off a device and conceal it to enter a movie theater. If that person subsequently turns the device on within the theater, perhaps to wrongly collect data, the device can be localized through several methods, all roughly based on triangulation. (See
The use of such technologies by a venue provides insights to the venue and its operators of the numbers, types, and general location of data collection capable devices and similar information on those currently collecting data. Such information could be made available to those in the venue through a public display or through a web site or app on other mobile devices. Such information could alert a venue patron or mobile device user when it is possible that data might be collected on them and when it is actually being collected. (See
The above methods can be used in a stand-alone fashion or integrated with other code and technologies. For example major league sports league often severely restrict the video and sound recordings (and sometimes still photography) of their events. Code which embodies the above methods could interact with an application or other code developed or adopted for a specific venue, a group of venues, and organization, or group of organization. Alternatively, the code which embodies the above methods could be configurable to accommodate the requirements of such entities. There could pre-set menus of configurations for such software for certain venues or organizations. For example, there could be a pre-set configuration for Major League Baseball, for Lowes Theaters, and for Legal Seafood Restaurants. These configurations could be selectable by a user or determined by complementary code developed for or adopted for venues or organizations. (See
Some proposed and demonstrated uses of wearable or portable devices could be considered assistive technologies for those with disabilities. Some of the restrictions a venue, organization, or other entity might want to impose on such devices may run counter to legal requirements under the Americans with Disabilities Act of 1990, state and local laws and laws and regulations, common sense and courtesy. For example, a visually impaired person might use text recognition capabilities of a wearable device to convert text into speech. Such a use would require use of a camera. A deaf or hearing impaired person might use a voice recognition capability converting sound to text. This use requires the use of a microphone. Both cameras and sound recording might ordinarily be banned in a venue. To allow for accommodations for those with disabilities and difficulties, a device registry could be used, and the restrictions normally imposed on a device could be modified to allow the device functionality. Creative use of the methods described above could tailor such modifications to retain the assistive functionality of the device while preserving, as much as possible, the interests of the venue, organization, or other entity in restricting the use of the device. For example, in a location where still and video photography is restricted, a device registered to a blind person could have the cameras enabled with the data collected from the cameras used only by the text recognition function and then deleted. Similarly, microphones could be enabled for voice recognition use only. Other uses for wearable and mobile devices will certainly arise, and means of accommodating needs of those with disabilities and difficulties can be developed around the method of registering the device and needed accommodations in an online device registry. Alternatively, devices used by those with disabilities and difficulties could programmed to include code which supports pre-planned accommodations. Such pre-planned accommodations could be recognized as an allowed variant of the privacy and security protection code by the opt-out integrity verifier.
The present application relates to and claims priority of U.S. provisional patent application (“Copending Provisional Application”), Ser. No. 61/989,327, entitled “PRIVACY CONTROL PROCESSES FOR MOBILE DEVICES, WEARABLE DEVICES, OTHER NETWORKED DEVICES, AND THE INTERNET OF THINGS,” filed on May 6, 2014. The disclosure of the Copending Provisional Application is hereby incorporated by reference in its entirety.
Number | Date | Country | |
---|---|---|---|
61989327 | May 2014 | US |