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The busiest shopping day of the year is set for a new level of consumer exploitation at two American malls.

A notice appearing at Promenade Temecula in California, and Short Pump Town Center in Richmond, Va. will advise shoppers that their cell phone signal will be used to track them as they move from store to store. 

Although the system that is being employed claims it is guaranteed not to collect personal data, and people can opt-out by turning off their phone, we have heard this all before when justifying why it is OK to track, trace, and database the movements of everyday citizens.

According to a CNN report:
"The goal is for stores to answer questions like: How many Nordstrom shoppers also stop at Starbucks? How long do most customers linger in Victoria's Secret? Are there unpopular spots in the mall that aren't being visited?"
This is supposedly being done, of course, to identify which stores and items people desire most, thus enhancing the shopping experience for store customers.  This is the very same reason that was presented to encourage people to sign-up for "loyalty cards" and "frequent-shopper" cards.  However, as we have come to find out, these systems of convenient shopping are more accurately described as data collection systems that can be used to profile people's shopping habits, their physical movement, as well as for other uses far beyond the scope of the shopping experience.
 
This overall database of collected information has been used in numerous cases by law enforcement to establish the time and place of potential suspects, which has sometimes caused innocent people to be caught in the dragnet as a result of ordinary purchases that may suddenly look suspicious to law enforcement mining the data.

We know that there has already been a push by Federal agencies to employ warrantless cell phone tracking, so we can't reasonably expect the validity of reassurances by mall management that the system, "doesn't collect any personal details associated with the ID, like the user's name or phone number. That information is fiercely protected by mobile carriers, and often can be legally obtained only through a court order."  An article by Declan McCullagh at CNET News states more accurately the following:
Whether state and federal police have been paying attention to Hollywood, or whether it was the other way around, cell phone tracking has become a regular feature in criminal investigations. It comes in two forms: police obtaining retrospective data kept by mobile providers for their own billing purposes that may not be very detailed, or prospective data that reveals the minute-by-minute location of a handset or mobile device.
(...)
Obtaining location details is now 'commonplace,' says Al Gidari, a partner in the Seattle offices of Perkins Coie who represents wireless carriers. 'It's in every pen register order these days.' (source)
The Federal government is also fighting a recent Texas ruling declaring warrantless wiretapping to be a violation of the Fourth Amendment.  So these are supposedly the "protectors" to whom we should surrender our data.
 
 
 

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