Geospatial Innovation and Legal Implications

Cambridge ConferenceJuly 23, 2013Kevin D. PomfretCentre for Spatial Law and Policy

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Geospatial TechnologyNow Is Pervasive

Resulting In Rapid Growth in Many Diverse Uses of Geoinformation

Social Media– Geotagged photos, tweets,

Smart phone apps Business Intelligence

– Big Data Open Data Law Enforcement Smart Grid Tracking (assets, loved ones)

Sustainable Development Infectious Disease Disaster Response Climate Change Protecting Endangered Species Smart Cities Insurance Intelligent Transportation

Systems

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And Creating A NewGeospatial Community

Geospatial Community

Data Provider

Data User

Data User

Data Provider

Data Provider

Data Consumer

Innovation Will Lead To “Location—enabled” Societies

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Augmented Reality

Location-enabled SocietiesOffer Numerous Benefits

Cost-savings and Efficiencies Creates Jobs Improves Governance Provides Greater Transparency Vital in Addressing Transnational Issues

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Geospatial Community:New Paradigm

An international ecosystem that collects/uses/stores/distributes geoinformation.

– Cuts across technology platforms, industry groups and user communities.

Products and services increasingly being developed based upon aggregation all types of data collected from diverse sources.

Innovation is being done by all stakeholders in the community As a result policies/laws that impact the collection, impact,

and distribution in one segment will impact others.– Traditional stovepipe approaches are obsolete/detrimental

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Innovation Coming From All Segments of Geospatial Community

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Has Happened Almost OvernightSt. Peter’s Square - 2005

9 Luca Bruno/AP

St. Peter’s Square - 2013

10 Michael Sohn/AP

Policy/Legal CommunitiesHave Failed to Keep Up

A number of policy/legal issues impact the collection/use/storage/distribution of geoinformation Privacy Intellectual Property Licensing National Security Open Data Liability

Policy/legal communities don’t understand geospatial technology, geoinformation, and/or the geospatial community

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Uncertainty Making It Increasingly Difficult to Collect/Use/Store/Distribute Geoinformation

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Privacy

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Licensing/Data Sharing

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Legal/Policy Communities Are Trying to Catch Up

Narrowly Tailored/Broadly Worded– Privacy Laws– Restrictions on Drones– Laws Regarding Data Quality– National Security Directives and Policies– Proposed “Convention on Geoinformation”

Value of geoinformation often not realized– Policies often about balancing benefits vs. perceived risk

Often fail to recognize “unintended consequence”

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Regulation of Geolocation Privacy

Many of the efforts based upon “Fair Information Practices” (FIP)

Elements of FIP include:– Notice and Transparency– Consent and Use limitations– Access and Participation– Integrity and Security– Enforcement and Accountability

Applying Fair Information Practices to geoinformation will be difficult

Legal Community Also Starting to Notice

Convention on Geoinformation initiated by International Bar Association. Intended to apply to all geoinformation, collected from whatever source, for

whatever purpose. Trying to address in one document a number of complex issues that are

critical to the geospatial community – such as privacy, data quality, intellectual property rights, and national security.

Would be signed by national government (like a treaty). Would result in a number of new regulations and burdens on industry (and

some government agencies) with respect to the collection/use/distribution of geoinformation.

Would increase the potential liability risks for industry (and possibly some government agencies) and would also likely dampen the willingness of individuals to contribute geoinformation (also due to liability concerns).

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Potential Impact on Innovation

Greater regulation will result in Increased costs and expenses Longer roll-out of new products/services Risk of lawsuits will increase

As a result . . . Geoinformation will be harder to collect/use/distribute Demand/market for geospatial products/services could

decrease Resulting in reduced incentives to innovate

Impact the entire geospatial community What will the opportunity costs of not collecting be?

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What Should Be Done?

Raise awareness of role/value of geospatial community and geoinformation: Complete economic, societal, governmental benefits

Greater understanding of the impact of legal/policy issues on geospatial community.

– Begin including in undergraduate/graduate studies

Create regional/local forums that include all relevant stakeholders.

Develop appropriate legal and policy frameworks (as necessary).

Thank You!

Questions?

Kevin Pomfret

Executive Director

Centre for Spatial Law and Policy

+1 804 928 5870

kevin@spatiallaw.com

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