Finding the Line: The Relationship Between Privacy and Smartphone Applications

20 Wake Forest J. Bus. & Intell. Prop. L. 57

Since smartphones became the standard cellular device, there has
been widespread concern on how to protect the data that individuals
share with smartphone applications. Despite a clear need for regulation
in this space, state and federal lawmakers have yet to devise a
comprehensive legislative scheme to govern smartphone applications’
data collection practices. In his 1999 book, Code and Other Laws of
Cyberspace, Lawrence Lessig argues that four modalities govern
legislative regulation: the law, social norms, the market, and
architecture. Using Lessig’s four modalities as a guide, this Article
postulates important considerations for lawmakers as they devise a
regulatory framework for data collection by smartphone applications.