Legal issues in GIS

the legal context in which GIS operates

a set of constraints on practice

opportunities also

varies from country to country

US exceptional in many respects

copyright law

data, software

intellectual property rights

IPR

patents

data protection laws

privacy, confidentiality

high spatial resolution

looking into the back yard

linking data sets using geographic location

research ethics

institutional review boards

IRBs

impact on tracking, individual spatial behavior

freedom of information acts

FOIAs

legal liability

accuracy

due diligence

contracts, licensing

data and services

Licensing Geographic Data and Services

access to private land

Copyright

Feist case of 1991 (Supreme Court)

Feist Publications Inc vs Rural Telephone Service Co

copying of information from yellow pages

geographic data are facts

<x,z>

not the result of creative acts

traps are still facts

"sweat of the brow" not protected by copyright

US copyright law designed to foster creativity

making a map can be a creative act

artistic aspects of design

aspects of style may be protected by copyright law

ArcMap's style choices?

copyright protection is automatic

no need to register, annotate

© Michael Goodchild, 2007

fair use provision

allows copying for personal use

putting material online

published papers

images copied off the web

my homepage

how about data born digital?

no humans involved

commercial satellite imagery

Google Earth

watermarking technology

plagiarism

copying without giving credit or citation

a serious academic mistake

or academic flattery?

self-plagiarism

content analysis of online publications

what about new information created by GIS?

merged data sources

processing

adding value to other sources

TIGER

Intellectual property rights

patents, inventions

software patents

US Patents 6,385,622, 6,408,307, and 6,415,291

the CIVIX patents

access to a remote database over the Internet, performance of a spatial query

give me all the hotels within 10 miles of Denver airport

e.g. Claim 6 of the '622 patent

1. System for remotely determining the position of a selected category of items of interest in a selected geographic vicinity from a database, the system comprising

(A) a database for storing information about a plurality of items of interest, the information including, for each of the items of interest, a geographical position and at least one associated category,

(B) a communications link for communicating between a user of the system and the database,

(C) an information controller for transmitting a portion of the information in the database to the user via the link upon receipt of a request signal representative of a selected category and geographic vicinity, the transmitted portion of the information including identification of geographic position for at least one of the items of interest within the selected category and geographic vicinity, and

(D) a port for remotely accessing the portion of information via the link, the port generating the request signal in response to inputs by the user which are representative of the selected category and geographic vicinity, the port having a user interface for accepting the inputs and for indicating to the user the position at least one of the items of interest in the selected category and geographic vicinity.

Accuracy

three types of errors are important in liability:

errors in represented location

typically result from measurement and data handling mistakes

national map accuracy standards prescribe a reasonable frequency of errors in locations

court is likely to consider the process of data entry

whether a reasonable level of care was established

used in design and implementation of the system

emphasized in training

Indian Towing Co. vs United States

federal government was held to have negligently failed to maintain a lighthouse

location was marked on charts

character was described in the official Light List

Reminga vs United States

federal government was held to have inaccurately and negligently depicted the location of a broadcasting tower

on an aeronautical chart

contributing to the mistakes and fatalities in an airplane accident

representations of error-free data

Aetna Casualty and Surety Company vs Jeppeson and Company

asserted that fatal plane crash resulted from defective aeronautical chart published by Jeppeson and Company

chart by Jeppeson and Co. depicted the instrument approach procedure to an airport

information based on tabular data from the Federal Aviation Administration

parties did not dispute the accuracy of the data on the chart but rather the graphic depiction of it

the chart showed two views of the approach, one from above, one from side

two views appeared to have same scale on chart

actually scales differed by factor of 5

court found the crew were misled by representation

unintended and inappropriate uses

user lacks expertise in interpreting map

has no access to map's designers and compilers who could explain it

e.g. in Zinn vs State:

the state owns all land below the Ordinary High Water Mark (OHWM) of a lake

evidence from botanists and surveyors at a regulatory hearing

established an elevation of 990 ft for the OHWM for a certain lake

the report of the hearing included a 1:24,000 USGS quadrangle showing the OHWM

thus the extent of the state's land

defined by the 990 ft contour on the map

an adjacent landowner sued the state

for the harm resulting from temporarily claiming part of her land

temporary in that the agency subsequently rescinded the report

the state was held liable

the 990 ft contour had been drawn for purposes other than definition of property rights

its use to depict the OHWM also implied a specific boundary of the property in question

i.e. the property boundary at the lake is defined by the OHWM

not a line on a map

inappropriate uses of data are likely to increase with GIS technology

unless safeguards can be built into systems