Can a Police Bluetooth Network Be Illegal?
Written on Friday, November 21, 2008
Bluetooth Marketing is based on a relatively new technology (for the wider public) and is also a relatively novel marketing approach. As with most new technologies (and all things new) there is a problem in identifying and classifying these new technologies into the existing legal framework.
This means that, until new laws are voted and applied, there is a legal gap. In the case of Bluetooth Marketing particularly, the current status (at least here in Greece, but I think this is also the case in most major European countries) is that most well-designed currently running campaigns are 'probably legal'.
There is a lot of debate regarding this matter, and a lot has already been said, including this blog, where you can find one of the most interesting threads about whether bluetooth proximity marketing is legal or not. On the one side marketers can argue why the message appearing on bluetooth-enabled mobile phones asking for permission to receive an incoming connection, is an opt-in prompt message. On the other side consumers can also argue that even that very message asking for permission is intrusive in itself and thus constitutes SPAM and is illegal.
With this ongoing debate it seems reasonable then, that mobile marketers, and companies wishing to invest in mobile marketing are very cautious about investing their money into a marketing approach that could be fashioned illegal. Of course, Bluetooth Marketing as a whole can not, and will not be fashioned illegal because it offers a specific set of opt-in capabilities, that can render every campaign perfectly legal. Campaigns instead of sending a message to the consumer, can ask them (via a different medium) to opt-in by initiating the connection and 'pairing' their phone with a Bluetooth Hotspot. However, the argument from mobile marketers is that this approach leaves too much on the consumer and thus renders the medium a lot less useful for mobile marketing, and also that the Bluetooth protocol provides the confirmation message precisely for this reason, i.e. to enable people to opt-in.
There does not seem to be a clear answer to these questions yet, and different people have different views, depending on their viewpoint. However, the U.K. Police seems to be taking an interesting stance in the matter!
I posted a while back about a bluetooth marketing campaign by Southport Police. Now, it is the Northamptonshire Police taking up this marketing approach. The latest comes from this article:
Northamptonshire Police are now using Bluetooth technology to send crime prevention text messages to the mobile phones of people living in hotspot areas.
From a fundamental point of view, it seems to me that the Police should not participate in any illegal activity. And it is pretty obvious to me that the Police would never publicly partake in any illegal activity. I also don't think the Police is following the opt-in campaign type that is legal either way, we are talking about a content push campaign.
And there are hopes that the messages will also reach offenders, as some of the texts mention trap or sting cars where dummy items are deliberately left on show so that offenders are caught in the act when they try to break in.
I think these two proximity marketing campaigns are the best and most convincing examples about the legality of this approach, at least in the U.K. If anyone is aware of some reason why this would be the case in the U.K. but not elsewhere in Europe (or the rest of the world, for that matter), please let me know and I will amend this. Until then I will remain convinced that, though if not done properly proximity marketing campaigns can be very annoying, the approach itself is legal. Period.
I still think that there should be a certain extra set of regulations for mobile and proximity marketing, but I will write about that again sometime soon. Please let me know if you have a different opinion on the matter! I am always open to discussion, especially if you are legally more qualified than me to discuss this!
Posted in
bluetooth,
bluetooth marketing,
proximity marketing
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