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Submitted by Marie-Michèle Vassiliou on Fri, 10 Oct 2003 21:55 |
Are camera-phones threatening industrial secrets, individual privacy and copyright rules? The question arises from the multiplication of such phones all over the world.
First appearance of the phenomenon in South Korea
Korea is one of the most important camera-phone manufacturers, but also the pioneer in the dissemination of this technology. More than four million of theses phones are in use in the country. Samsung, fourth manufacturer of mobile phones in the world – which account for 10 percent of its sales – has nevertheless forbidden the use of these devices in its factories and research departments since July 14th.
Samsung’s objective is to protect itself against industrial espionage. The constant improvement in the definition of snapshots taken with such phones would make it possible – according to the manufacturer – to take a picture rapidly and discreetly of strategic details or documents of the firm.
A few months after Samsung, Korean car manufacturers were the first to engage in this struggle. Hyundai and Kia Motors have banned camera-phones from their factories and research centers.
Since the beginning of the year, South Korea has thus become a sort of world testing ground for risks linked camera-phone. According to the Chosun Ilbo Daily, the very serious South Korean democratic party should soon put forward a bill to force manufacturers to build phones that would generate a noise when a picture is being taken, so as to warn the entourage. Click !
After Korea, Australia and Saudi Arabia
Korea is not the only country in this situation. Parliaments of several Australian provinces will soon decide on the straight ban of camera-phones in public places, locker rooms, swimming pools, saunas and sports clubs. To fight voyeurism, some youth hostels of the country, which manage many swimming pools and sports clubs, have already introduced such a ban. Alemannic Switzerland and Norway have also prohibited the use of these mobile phones in public swimming pools.
As a matter of interest, the Scottish daily Edinburgh News reported that a city strip-tease club has banned camera-phones to safeguard the modesty of its hostesses… and patrons. Even more radical, Saudi Arabia has prohibited altogether the presence of these phones in the country. The camera-phone has thus been included in the list of communication equipments banned or highly regulated in the country.
A generally suitable repressive arsenal
Yet, in most countries, the misuse of these devices can be repressed without having to pass specific legislation. In Japan, a primary school teacher was suspended for three months after being caught taking pictures with his camera-phone under the skirt of a pupil. Following the scandal, the teacher had to resign.
Aware of these new risks, the judiciary can also step ahead: at the request of the police department, the New-Zealand subsidiary of Vodafone has set up an internal system to intercept photos transmitted on its mobile phone network. But the authorization of the judiciary is a prerequisite to warrant the individual liberties of the user.
The legal issue of the right to one’s image
The discretion of camera-phones also raises the risk of an explosion in the violation of individual countries’ rules concerning the right to one’s image. Many fans already brandish their cellular phones to record a souvenir of a concert. Security staff who prevent the introduction of still cameras are not yet banning the introduction of camera-phones in concert halls.
Last use which could worry the flower of the world of show-business: the camera-phone could eventually turn any user into a paparazzi. Always handy, the discreet device can immortalize the chance encounter of a star with a new conquest. A new problem for stars’ watchdogs: it’s impossible to take hold of the photo or the film. As soon as it is taken, the snapshot can be forwarded through the telephone network.
Still not a problem in the United States or France, the issue is bound to be raised with the rapid dissemination of this new gadget. About 1.9 million devices were sold in the US alone since the beginning of the year. The French market should soon follow with the spreading of third generation mobile phones.
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