What is Spatial Law and Why is it Important?
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Transcript of What is Spatial Law and Why is it Important?
Yale ISP Ideas Lunch
What is Spatial Law and Why is it Important?
Kevin D. PomfretCentre for Spatial Law and Policy
September 18, 2014
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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
Universities, Citizens, NGOs
Industry Government
Geospatial Community
Data Provider
Data User
Data UserData Provider
Data Provider
Data User
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 of geoinformation (Spatial Law) in one segment will impact others.◦ Traditional stovepipe approaches are
obsolete/detrimental
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Spatial Law The legal and policy issues impact the
collection/use/storage/distribution of geoinformation PrivacyIntellectual PropertyLicensingNational SecurityOpen DataLiability
Unfortunately policy/legal communities don’t understand geospatial technology, geoinformation, and/or the geospatial community
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St Peter’s Square - 2005
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Perceptions of Privacy are Changing
Luca Bruno/AP
St Peter’s Square 2013
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Creating a Location Privacy Paradox
Michael Sohn/AP
Location is different than other types of personal data we try to protect◦Harder to define◦More powerful◦Collected in so many ways
Harder to satisfy Fair Information Practice Principles
◦Much more versatile Can be used in a variety of other applications
Location Privacy
Why Issues Spatial Law is Important?
Products and Services are increasingly based upon geospatial data from a variety of sources◦ Impact on data sharing agreements/licenses
Lack of clarity is impacting adoption of new technologies
Lack of understanding of geospatial technology by policy/legal communities could lead to bad laws/policies.
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Products and Services are increasingly based upon geospatial data from a
variety of sources
Geospatial Products and Services are increasingly be developed using data from a variety of sources• Government• Industry• Crowd
Each are subject to their own licenses/data sharing agreements with varying terms/restrictions
1. Rights in Intellectual Property 2. Use rights 3. Allocation of risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
Impact of Spatial Law On Data Licenses
Facts not copyrightable.
“ A compilation of facts, however may be copyrightable if the author made choices as to ‘which facts to include, in what order to place them and how to arrange the collected data so that they may be used effectively by readers’”
Mason v. Montgomery, quoting Feist Court
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Intellectual Property Rights:Copyright
Grants Copyright Holder Exclusive Right to:
- Reproduce- Create Derivative Works- Distribute- Perform- Display
How do these apply to today’s geospatial data products and services?
:
1. Rights in Intellectual Property 2. Use rights 3. Allocation of risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
Impact of Spatial Law On Data Licenses
ODbL includes “share-alike” requirement for derivative products
Term is not clearly defined, particularly for geospatial data Centre for Spatial Law and Policy conducted a series of
interviews on impact of ODbL on use of OSM data A number organizations (government, industry, research,
NGOs) said could not use: Reasons include:
◦ Privacy◦ Proprietary information◦ Federal law◦ Other license agreements non-compatible
Lack of governance makes it more difficult
Open Database License (ODbL) and OpenStreetMap data
1. Rights in Intellectual Property 2. Use rights 3. Allocation of risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
Impact of Spatial Law On Data Licenses
Who is Responsible When Someone/Something is Injured?
As data is used in more real time critical decision making by non-sophisticated users the risk of mistakes increases.
Do you want judges, lawyers and juries to decide liability?
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Pomfret’s Theory of Data Aggregation
X = (A*B)C2
Where: X= complexity of aggregationA = number of data setsB = number of different legal systems
involvedC = number of parties removed from original data source
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Licensing/Data Sharing
Why Issues Spatial Law is Important?
Products and Services are increasingly based upon geospatial data from a variety of sources◦ Impact on data sharing agreements/licenses
Lack of clarity is impacting adoption of new technologies that collect/use geoinformation
Lack of understanding of geospatial technology by policy/legal communities could lead to bad laws/policies.
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Spatial law cuts across technology platforms Outdated laws and policies are slowing adoption
of technologies that collect/use location and other types of geoinformation◦ UAVs◦ Commercial Satellites◦ Uber◦ Airbnb◦ Smart grid◦ Autonomous Vehicles
Impact of resulting laws and policies likely to be much broader than intended
Concerns are Impacting Adoption of New Technologies
Unmanned Aerial VehiclesTremendous value for geospatial community
Number of legal concerns - Accidents - Privacy
Number of countries relooking at laws and policies
Remote Sensing Satellites
- Countries are beginning to reduce resolution for commercial imaging satellites
- Constellations of smallSats being deployed with high quality imagery/diverse sensors
- People beginning to raise privacy concerns
Other Technologies and Applications
Laws/policies being developed regarding numerous technologies and applications - Uber- Crowdsourcing- Autonomous
Vehicles- Wearable
Technology- Internet of Things- Smart Grids
All have one thing in common: geoinformation
Why Issues Spatial Law is Important?
Products and Services are increasingly based upon geospatial data from a variety of sources◦ Impact on data sharing agreements/licenses
Lack of clarity is impacting adoption of new technologies that collect/use geoinformation
Lack of understanding of geospatial technology by policy/legal communities could lead to bad laws/policies.
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Proposed Convention on Geoinformation
Like a Treaty
Being Pushed by International Bar Association
Filling the Current Legal/Policy Void
IBA is doing what lawyers often do – fix with laws and regulations
Covers all types of geoinformation Calls for each entity who processes
geoinformation to create a Custody Record:◦ Details of each transfer◦ Each stage of processing◦ Notes on models and standards used or interface
requirements observed◦ All person who had custody - Including government
agencies other than geoinformation “generated” exclusively for “national security purposes.
Summary of Key Provisions
Processing Obligations of Controllers (Art V)◦ Obligation to notify state if it have geoinformation can
be used to avert harm or avert natural or man-made.◦ Make all geoinformation available to sensed state on
fair and reasonable terms Individuals have enforceable rights to require
de-identification Consultative Committee assess and consider
new standards Recognition of Geoinformation Rights (Art. VII)
◦ Parties that all reasonable efforts to ensure that copyright and database rights are protected
Other Key Terms
Legal and policy issues associated with the collection/use/storage/distribution of geoinformation are becoming increasingly important
The lack of a legal/policy framework will impact the adoption of a number of innovative technologies that collect/use geoinformation
Unless (or until) legal/policies communities catch up, risk of bad laws/policies or unintended consequences
Conclusions
Kevin D. Pomfret 804-928-5870
[email protected] @kpomfret
Spatial Law and Policy Blog http://spatiallaw.com/
http://www.geolawpc.com/
Questions