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AndrewWatikerFirstPaper 5 - 10 Jul 2017 - Main.EbenMoglen
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Privacy in the Mobile Workplace - AirWatch | | VMWare should update their website to provide a more honest explanation of the features of AirWatch? . The site should detail all of the most intrusive ways that the software can be used. Further, VMWare should recode their software to make the most egregious uses of the software prohibited by design rather than relying on self-regulation through best practices.
Finally, there should be legal protection for owners of devices from having their personal information subjected to the whim of an IT administrator. Either companies should be legally prohibited from executing full wipes and accessing non-company application information or employees should be legally protected from discipline for electing to not use this kind of software.
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The draft is thorough in description, so long as VMWare and Apple
are the only companies on earth. It might make more sense to begin
by describing the BYOD situation more generally, explaining why
"mobile device management" became so important, and why the tug of
war over MDM and employee privacy presents so many multivalent
problems. (In verticals like health care and finance, where the
employer can still largely determine what employees' devices are;
and in verticals where the device is required to exist, but the
employer cannot effectively determine what it is, even though
business is done over it.) Some analysis of the business incentives
of the various relevant players (the employer, the handset
manufacturer, the platform companies, and the telecomms) would also
help, if there were room for it, which will be tricky.
On the normative side, the question is "what does 'should' mean?"
This is a society of at-will employment, and at the federal level
there are no prospects of any regulatory, let alone legislative,
efforts on behalf of workers in this or any other context for the
immediate future. Unions no longer matter. So what relevance has
"should"? And who could possibly have either the legislative
authority or the constitutional right to tell companies or
individual programmers what to put in their software?
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