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Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation data about their users. Apps such as Foursquare, Tinder and Waze, as well as mobile games such as Pokemon Go and Zombies Run all track and reveal an individual's physical location through GPS, Wi-Fi and cell-based tracking technologies. This information, in turn, can be used to market products and services, deliver context-specific content, monitor users or employees, and enforce location-based access restrictions, providing valuable information to companies that can help them uncover new insights about consumers and their behaviors. While this ubiquitous collection of data can have social and economic benefits, it can also pose significant privacy and security concerns.
FTC Protects Geolocation Data
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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