Regulating Mobile Mental Health Apps

Mobile medical apps (MMAs) are a fast‐growing category of software typically installed on personal smartphones and wearable devices. A subset of MMAs are aimed at helping consumers identify mental states and/or mental illnesses. Although this is a fledgling domain, there are already enough extant mental health MMAs both to suggest a typology and to detail some of the regulatory issues they pose. As to the former, the current generation of apps includes those that facilitate self‐assessment or self‐help, connect patients with online support groups, connect patients with therapists, or predict mental health issues. Regulatory concerns with these apps include their quality, safety, and data protection. Unfortunately, the regulatory frameworks that apply have failed to provide coherent risk‐assessment models. As a result, prudent providers will need to progress with caution when it comes to recommending apps to patients or relying on app‐generated data to guide treatment

Regulating Habit-Forming Technology

Tech developers, like slot machine designers, strive to maximize the user’s “time on device.” They do so by designing habit-forming products— products that draw consciously on the same behavioral design strategies that the casino industry pioneered. The predictable result is that most tech users spend more time on device than they would like, about five hours of phone time a day, while a substantial minority develop life-changing behavioral problems similar to problem gambling. Other countries have begun to regulate habit-forming tech, and American jurisdictions may soon follow suit. Several state legislatures today are considering bills to regulate “loot boxes,” a highly addictive slot-machine- like mechanic that is common in online video games. The Federal Trade Commission has also announced an investigation into the practice. As public concern mounts, it is surprisingly easy to envision consumer regulation extending beyond video games to other types of apps. Just as tobacco regulations might prohibit brightly colored packaging and fruity flavors, a social media regulation might limit the use of red notification badges or “streaks” that reward users for daily use. It is unclear how much of this regulation could survive First Amendment scrutiny; software, unlike other consumer products, is widely understood as a form of protected “expression.” But it is also unclear whether well-drawn laws to combat compulsive technology use would seriously threaten First Amendment values. At a very low cost to the expressive interests of tech companies, these laws may well enhance the quality and efficacy of online speech by mitigating distraction and promoting deliberation

Going Rogue: Mobile Research Applications and the Right to Privacy

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, including mobile-app-mediated health research participants

Tackling food marketing to children in a digital world: trans-disciplinary perspectives. Children’s rights, evidence of impact, methodological challenges, regulatory options and policy implications for the WHO European Region

There is unequivocal evidence that childhood obesity is influenced by marketing of foods and non-alcoholic beverages high in saturated fat, salt and/or free sugars (HFSS), and a core recommendation of the WHO Commission on Ending Childhood Obesity is to reduce children’s exposure to all such marketing. As a result, WHO has called on Member States to introduce restrictions on marketing of HFSS foods to children, covering all media, including digital, and to close any regulatory loopholes. This publication provides up-to-date information on the marketing of foods and non-alcoholic beverages to children and the changes that have occurred in recent years, focusing in particular on the major shift to digital marketing. It examines trends in media use among children, marketing methods in the new digital media landscape and children’s engagement with such marketing. It also considers the impact on children and their ability to counter marketing as well as the implications for children’s rights and digital privacy. Finally the report discusses the policy implications and some of the recent policy action by WHO European Member States

After Over-Privileged Permissions: Using Technology and Design to Create Legal Compliance

Consumers in the mobile ecosystem can putatively protect their privacy with the use of application permissions. However, this requires the mobile device owners to understand permissions and their privacy implications. Yet, few consumers appreciate the nature of permissions within the mobile ecosystem, often failing to appreciate the privacy permissions that are altered when updating an app. Even more concerning is the lack of understanding of the wide use of third-party libraries, most which are installed with automatic permissions, that is permissions that must be granted to allow the application to function appropriately. Unsurprisingly, many of these third-party permissions violate consumers’ privacy expectations and thereby, become “over-privileged” to the user. Consequently, an obscurity of privacy expectations between what is practiced by the private sector and what is deemed appropriate by the public sector is exhibited. Despite the growing attention given to privacy in the mobile ecosystem, legal literature has largely ignored the implications of mobile permissions. This article seeks to address this omission by analyzing the impacts of mobile permissions and the privacy harms experienced by consumers of mobile applications. The authors call for the review of industry self-regulation and the overreliance upon simple notice and consent. Instead, the authors set out a plan for greater attention to be paid to socio-technical solutions, focusing on better privacy protections and technology embedded within the automatic permission-based application ecosystem

Interactive gambling

Summary: One of the most significant changes to the gambling environment in the past 15 years has been the increased availability of interactive or Internet gambling. Interactive gambling, including mobile gambling, is the fastest growing mode of gambling. This paper describes how and why Australians choose to gamble interactively.It will consider how interactive gambling differs from traditional land-based options and the differences between gamblers who do and do not gamble interactively. The discussion paper focuses on concerns regarding interactive gambling, including the risks it poses, particularly in terms of problem gambling. Key messages Interactive gambling is increasing in popularity with intensive marketing being used to encourage greater use of this mode of gambling. Sports and race wagering are the dominant forms of interactive gambling in Australia and interactive gamblers are more likely to be younger males. Most online gambling occurs on home computers, but the popularity of mobile technologies is increasing, allowing Australians to gamble at any time, from any place. Interactive gamblers tend to be more intensely involved in gambling than their land-based counterparts and more likely to experience gambling issues. Harm reduction may be achieved through initiatives such as regulated gambling sites, community education about the risks of interactive gambling, specialised treatment and prevention programs, and improved understanding of the impact of new technologies on gambling behaviour

Mental Health Mobile Apps and the Need to Update Federal Regulations to Protect Users

With greater societal emphasis on the need for better mental health services coupled with COVID-19 limits, mental health mobile applications have significantly risen in variety, availability, and accessibility. As more consumers use mental health mobile applications, more data is generated and collected by mobile application companies. However, consumers may have the false assumption that the data collected is protected under HIPAA or have an expectation of privacy protection higher than current regulations afford. This Note examines HIPAA, Health Breach Notification Rule, and section 5 of the Federal Trade Commission Act, as well as how these regulations fall short of protecting the data and privacy of consumers who use mental health mobile apps. This Note then advocates for a preventative approach by Congress towards potential data breaches and protection of data from mental health mobile apps. Looking prospectively, the Note suggests how the gaps in consumer protection can be federally remedied

Smartphones

Many of the research approaches to smartphones actually regard them as more or less transparent points of access to other kinds of communication experiences. That is, rather than considering the smartphone as something in itself, the researchers look at how individuals use the smartphone for their communicative purposes, whether these be talking, surfing the web, using on-line data access for off-site data sources, downloading or uploading materials, or any kind of interaction with social media. They focus not so much on the smartphone itself but on the activities that people engage in with their smartphones