End Notes

1. As we'll see later on, it's one thing for a consumer to agree to allow a grocer to track purchases in exchange for discounts. It's another thing altogether for the grocer to turn around and then market your purchasing profile to a third party. At the very least, the question arises as to whether you've been adequately compensated for the further use of your information.

2. Not surprisingly, many of the surveillance tools and techniques that we'll discuss in this chapter were or are marketed to parents as well. There's a natural symmetry between the two markets.

3. The pizza company would argue—as Domino's repeatedly did—that it was not within the job description of its pizza delivery people to drive faster than the speed limit. However, juries routinely found that drivers were in fact urged to do whatever was necessary to meet the company's promised thirty-minute delivery time.

4. Stern v. Ritz Carlton Chicago, No. 1-97-2148, slip op. (Ill. Ct. Appeals Sixth Div. 1998).

5. By focusing on colleges and universities, the manufacturers of smart cards are following a trail blazed by the personal computer industry. In the early and mid-1980s, many if not most educational institutions had programs that let students purchase computers through the school. Students grew increasingly comfortable with personal computers, and carried that experience with them into the workforce when they graduated. Similarly, today's graduates will be increasingly comfortable with the use of smart cards as cashless payment devices.

6. "SmartData," U.S. General Services Administration, n.d. Available online at egov.gov/scripts/sc_viewer.asp.

7. Jeffrey Selingo, "It's the Cars, Not the Tires, that Squeal," The New York Times (October 25, 2001).

8. The tempting value of customer information was amply demonstrated in the summer of 2000, when the Web retailer Toysmart went belly-up and tried to sell its customer list to raise funds for its creditors. The Federal Trade Commission sued Toysmart, and the company settled the suit by agreeing to abide by the terms of its privacy policy.

9. "FCC Adopts CALEA Technical Standards," Federal Communications Commission press release (August 27, 1999). Available online at www.askcalea.net/pdf/fccrelease3.pdf. The Amercian Civil Liberties Union, the Electronic Frontier Foundation, and an assortment of other Internet privacy groups have sued the FCC over its regulations.

10. Peter Wayner, "Technology that tracks cell phones draws fire," The New York Times (February 23, 1998).

11. Every GPS satellite contains a cesium-based atomic clock that keeps stunningly precise time (accurate to roughly one second each 100,000 years).

12. The Defense Department also retains the capability in times of national emergency to introduce even more serious errors into the civilian satellite signal, reducing their accuracy to a circle with a radius of about 300 yards.

13. "Clinton Unscrambles GPS Signal," Reuters (May 1, 2000). Downloaded on May 4, 2000, from www.wired.com/news/print/0,1294,36021,00.html.

14. "Terrorism Attacks Accelerate Interest in GPS Applications," SpaceDaily (December 11, 2000).

15. For comparison, approximately ten to fifteen million new vehicles are sold in the United States each year. Lou Hirsh, "Satellite Radio: Will Drivers Tune In?," OSOpinion.com (January 3, 2002).

16. Geoff Keighly, "Moving violations," Boston Globe (March 18, 2002).

17. Nighttime use is also an issue. While an employee's unauthorized after-hours use of a company vehicle is not likely to be within the scope of his employment, the employer is still likely to be sued if the employee causes injury. Even a successful defense can still be painfully expensive.

18. "GPS Testimonials," Formetco, Inc., n.d. Available online at www.formetco.com/links/testimonials.htm.

19. Adam L. Penenberg, "The Surveillance Society," Wired (December 2001).

20. Robert Lemos, "Car spy pushes privacy limit," ZDNN (June 20, 2001).

21. Elisa Batista, "A Kiddie GPS for the Masses?" Wired.com (October 12, 2002).

22. Hiawatha Bray, "Something to watch over you," Boston Globe (January 22, 2001).

23. Elisa Baptista, "E911 Wouldn't Help at WTC," Wired.com (September 20, 2001).

24. "Introduction," "Enabling Always On, Always Connected (AOAC) Computing with Bluetooth Technology," Intel Corporation, Intel Technology Journal (2d Quarter 2000).