Prof. Josh Fairfield and Prof. Robin Fretwell Wilson's PowerPoint

2. Director, Frances Lewis Law Center

3. Professor Robin Fretwell Wilson Washington and Lee University School of Law © 2010

4. RoadMap Mobile Mayhem: What Can the ‘Net Teach Us About the Future of Mobile Environments? Failures of Real-World Enforcement Regimes in Novel Contexts Incentives: Workable Alternatives to Enforcement

5. Mobile Mayhem: Mutating Issues “Measured in terms of depravity, insularity and traffic-driven turnover, the culture of /b/ has little precedent. /b/ reads like the inside of a high-school bathroom stall, or an obscene telephone party line, or a blog with no posts and all comments filled with slang that you are too old to understand.” –Matthias Schwartz, “The Trolls Among Us,” inThe New York Times, 2008 Marginal Conduct Appeared on the Internet Immediately

7. more graphic

8. more real, and

10. and provide parent-free venue for kids to bully/speak explicitly to each other

12. Augmented Reality Objectification

13. “Jiggletits”: user takes pics of women & manipulates their bodies

14. “Bikini Camera”: user takes pics of clothed women and overlays bikini-clad women over them

16. Brings Violence Closer to Real Life

18. Constant (unlike cookies, which stop logging you when you log off)

20. Broadcasting Private Information

22. Mobile Commerce is now much more threatening to personal privacy than any world government.

23. Mobile Mayhem: Holistic Approach Invasions of Privacy Hate Speech, Cyber-Bullying, Kid-to-Kid Explicit Chat Adult Content Accessible to Children Users Must Be Protected from Social AND Economic Misconduct in Online Environments Deceptive Advertising Fraud/Scamming Technical Attack

25. VOIP phishing

26. Fraudulent Apps or WebsitesMobile Devices offer more varied means of contact, increasing risk that user will be unaware of threat and trust communication too easily.

28. Wifi

29. Bluetooth

30. Email

31. Download

32. SMS/MMS

33. Containment Problems

34. Mobility = Infection Opportunity

35. Hardware Theft

37. The U.S. system of COLLECTION SALE, and RESALE of personal information cannot be allowed to migrate to mobile markets.

38. Traditional Enforcement Regimes have been Forced into Novel Environments (the internet, virtual worlds, and now the mobile marketplace)

39. Enforcement is Ineffective Low Equipment Cost $1000s Profit Through Comm. Fraud Strong Incentive to Defraud + = Many Wrongdoers Engaging in Fraud Strong Incentive to Defraud Ineffectiveness of Even Harsh Penalties + =

41. incentives strongly in favor of abuse

44. abuse low where sending costly

46. businesses know who they may/may not contact

47. enforcement serves as backstopFailures of Enforcement Regimes

48. The Myth of the Tech-Savvy Third Grader: She may know which buttons do what, but she does NOT know how to keep herself [or her (parents’) money] safe.

49. Make Abuses Less Profitable! Lower Profit Margins, and Lower Incentive for Abuse Lower Profit Margins, and Lower Incentive for Invasion Fewer Users Falling For Scams Fewer Devices Vulnerable to Attack Fewer Users Allowing Privacy Invasions Competitive Marketplace for Non-Invasive Products + = + =

54. Carrier and Industry Provided Programs

55. Public (Gov’t) Provided Programs

56. Other Accessible Info

58. Director, Frances Lewis Law Center

59. Professor Robin Fretwell Wilson Washington and Lee University School of Law © 2010