Interactive Mobile Apps and Wiretap Laws
Mobile apps are increasingly designed with features and functions promoting interaction with users, including voice commands. Could the design of an app to capture and transmit user communications and other information violate federal wiretap laws?
An amended class action complaint filed in federal court in California against the Golden State Warriors and the team’s app designers poses that question. In 2014, the Warriors organization apparently updated its mobile app to include beacons to track consumers and how they interact with marketing and advertising. The amended complaint further alleges that, when the app is installed on a user’s smartphone, it monitored and recorded all communications, including the users’ conversations.More

In recent years, the Federal Communications Commission (FCC) has been considering what direction to take regarding mobile messaging. In August, the FCC held hearings where mobile companies and industry associations offered comments on the proposed regulations of mobile messaging. By way of example, comments filed by mobile messaging leader Twilio claim that, under the current environment of the federal Telephone Consumer Protection Act (TCPA), tens of millions of text messages have been blocked by carriers. Twilio has urged the FCC to ease this negative impact by relaxing federal regulations.
Businesses whose livelihood depends on proprietary technology must be vigilant in protecting that technology. Those who use others’ proprietary systems should strive to respect attendant use restrictions.