We’ve got phone apps being developed faster than you can say app-store and we have a distinct lack of rules/regulations that apply to this group of technology advances.  There are parent level laws that might apply, but were written by people that don’t understand technology and before technology like this was ever imagined. 

Technology moves fast.  Government moves slow.  This is a huge disconnect.  Legislators need to author and implement laws that not only fairly regulate technology and its advances but also leaves open the possibility of advances that they could not fathom.  (Hawaii’s distracted driving law is a great example, it covers phones, zunes, and any other device that has not yet been invented but distracts a driver)  With regulations and laws in place written by people without full understanding of the technology use and possibilities being enforced by  prosecutors that also don’t fully understand the use and possibilities of technology, we are ripe for a witch hunt. 

It looks like it may have started.  We’ve got them beginning already.  We’ve got a legislative request that would restrict location aware apps in general based on an app that offers user-provided and publicly available information in aggregated form (the app that prompted this discloses red-light cameras and DWI checkpoints).  RIM has already complied.  Taken as requested this would kill apps like FourSquare that report things based on location as well as the DWI app that started it all.

Then we have the subpoena-craze happening with federal prosecutors in New Jersey.  These prosecutors seem to be fishing for any information without knowing what they want, hoping to find something “dangerous.”  I’m all for being an informed consumer.  But I am also well aware that even if you put something in your terms of service, most people don’t read them and are unaware of what they may contain.  (I challenge you read the terms of service before you click “agree” next time you sign up for something online.)

How do we solve this problem?  A start could be adding more advisors that are actually currently involved in building technology, the innovators.  But then you also have to take their advice.  This is an evolving issue being regulated and enforced by well0intentioned public servants that don’t have a true understanding of the technology, the possibilities of technology to come or the intent of the regulations in place now.  (technology patents are a whole ‘nother topic; that one could be a multi-part series and still never be discussed effectively)

Will I ever cease to be amazed by the lack of understanding of our elected and appointed officials? 

Federal Grand Jury Investigating Apps, Pandora Says - WSJ.com

Apps warn of DWI checkpoints