Don’t Be Dumb About Your Smart Phone


Don’t Be Dumb About Your Smart Phone
Posted on January 31, 2017 by Andrew Jaffe
I am reposting this blog as these issues came up with a client just this week. I know it is inconvenient to keep re-logging into your phone but you need to lock it. An unlocked, unencrypted smartphone could easily lead to a data breach situation.

If someone asked me to guess, I would say that 75% of people with smart phones don’t password protect their phone. Yes, it is inconvenient to constantly be putting in your password every time you want to use it, and people just let it stay on for their convenience. However, consider some of the scenarios I outline below, and then pick up your phone and password protect it!

let us consider this scenario. You go out to lunch and forget to pick your phone up off the table. You get home and go to call someone a couple of hours later and cannot find your phone. You call the phone to try and find it, but do not hear it ring. You go out and look in your car, and don’t find it there. You figure it will show up and wait a day or two until you call your provider to shut the phone down. finally, you realize you have lost your phone and you are going to need to buy a new one – adding to your aggravation.

Here are the problems you face because you did not have your phone password protected. First of all, your phone is a computer. It contains apps for your convenience, perhaps even your banking information. Someone who found your unlocked phone has had a day or two to use those apps and run up your bills. They may even have been able to buy things or take money from your accounts.

Further, and maybe even more importantly, your contact list contains Personally Identifiable Information on a long list of people. If someone can access this list, you have now had a data breach from a computer. If you have people on your contact list who relate to your work, your company has now suffered a data breach. Your bosses will not be happy when you go to them and tell them the company needs to address a data breach – A situation that will cost the company not only embarrassment, but also considerable time and money to rectify.

I can think of many other scenarios that will cause you problems if you do not password protect your smart phone. That is why I say above, Don’t Be Dumb About Your Smart Phone. Password protect your phone, NOW!

Adding a “Don’t Text and Drive” Section to Your Terms of Service

Traffic accidents caused by drivers texting while operating a motor vehicle are beginning to reach epidemic proportions. Further, there are even cases where pedestrians are walking into trees because they are not paying attention to their surroundings while texting.

As a precaution against liability being somehow charged to the texting application suppliers, I am suggesting to my clients who provide texting applications to their users that they add language to their Terms of Service regarding these activities. I suggest that they add a separate section to their TOS under their Limitation of Liability section similar to the example below:

User Agrees Not to Text and Drive
The User understands that texting while driving and texting without paying attention to their surroundings is a hazardous activity. The User hereby agrees not to text while driving or to text while engaged in other activities where they should be paying attention to their surroundings. The User hereby further agrees to hold the Company harmless from any liability caused by User texting while engaged in any other activity.