Research On Location Information Protection In Mobile Location-based Service

Mobile Location-based Service refers to a value-added service in which service providers rely on positioning technology to obtain the geographic location of mobile terminal users and base on,use or merge the location of mobile terminals to provide or enhance corresponding services to users.With the in-depth development of the mobile Internet era,with the help of artificial intelligence technology with algorithm technology as the core,mobile phone location services have become a new type of business model that is indispensable for modern people to realize "smart life." Today,when personal information becomes "new oil",mobile phone location information has been upgraded from simple geographic coordinates to resources with important personal and economic value.However,the sword has a double front.Due to the widespread use of mobile phone location services and the great value carried by location information,improper collection,utilization,and propagation of location information occur frequently,which poses challenges to the traditional location information protection model.Therefore,this article starts with the business model of mobile phone location services,and discusses the new development of mobile phone location information protection theory with the US judicial practice as the core.The main body of this article is divided into five parts.First,this article firstly takes the technical basis,data foundation and institutional framework of mobile phone location services as the perspective,and analyze the location technology,the special attributes of location information in form and content and the business architecture of mobile phone location services that mobile phone location services rely on,in-depth tracing the production process of mobile phone location information,the unique value of mobile phone location information and how mobile phone location services can grasp user psychology,use location information as raw materials to engage in production activities to obtain economic benefits.Second,the challenges posed by the comprehensive application of mobile phone location services to the protection of location information are investigated:the integration of mobile phone location services with multiple positioning technologies has enabled service providers to collect location information to break the barriers of space and time,resulting in substantially all-round monitoring of individuals;the social attributes of location information and the falsification of the rules of informed consent in mobile phone location services determine the failure of the absolute standard of traditional privacy disclosure;location information implies the interests of multiple parties,and it is also faced with threats from service providers,countries,other organizations and individuals.Third,in order to explore the path of location information protection in mobile phone location services,this article uses "Carpenter v.United States Case" as an entry point to analyze the location information protection model formed by the United States injudicial practice,and suggests that the United States Supreme Court has formed The judicial protection model of location information is based on the reasonable privacy expectation standard,the information characteristics as the consideration factor,and the third party principle as the limiting condition.Fourth,through careful analysis,this work indicates that the United States has achieved a theoretical upgrade of reasonable privacy expectations judgment from public exposure theory to mosaic theory,third-party principles apply from absolute privacy disclosure standards to relative privacy disclosure relative standards,and benefit measurement from the principle of public welfare priority to the theoretical adjustment of the principle of equilibrium adjustment and value orientation from judicial minimalism to futurism in the field of location information protection This theoretical upgrade reflects the response of traditional location information protection theory to new technologies and judicial practice to the general trend of the theory,which is scientific and feasible.Fifth,this article summarizes and explains the framework of the current laws of China on the protection of location information and the shortcomings faced by this framework.This part also puts forward suggestions to improve the location information protection in Chineses mobile location-based service from three aspects:clarifying the attributes and content of location information,applicable privacy disclosure relative standards,and the balance between the location information protection and efficiency.And the concluding part calls for reference to the postive response to the development of new technologies in the US judicial practice,and explores the path of information protection for strengthening oChina's citizenship position in the context of mobile phone location services.