an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
David Segal had a wonderful piece in The Times on Sunday pointing out a missing market in theft protection.
“Tracking down cellphones is not rocket science.”
Corporations like Amazon and Sirius won’t help owners recover their lost gadgets, like cell phones or Kindles or the Sirius receiver. The article points out that “iPhone owners have a number of options to search for their handsets, including features that use GPS technology to send out virtual semaphores.”
I have the “Find My Phone” app which will automatically email the location of the phone to me if the application is ever launched. It relies on a good Samaritan or a curious thief hitting the app icon, but still it’s pretty ingenious. For iphone users who use Apple’s MobileMe, the “Find my iPhone” is even neater because it allows you remotely to ask where your lost or stolen iPhone is.
The victim, whose name has been withheld, told the Pittsburgh police that three robbers held him at gunpoint, which later turned out to be a pellet gun, and forced him to hand over his wallet, PIN number, and iPhone. After the confrontation he quickly called police and canceled all of his credit cards, but he didn’t stop there.
Later on in the day, the victim decided to use MobileMe’s Find My iPhone feature to attempt to hunt down the perpetrators, assuming they weren’t savvy enough to realize the iPhone’s capabilities and simply shut the device off. As it turns out, they weren’t. The Pittsburgh police were able to apprehend the suspects at a local restaurant after the victim had tracked their location.
The three suspects remain in police custody, and they will be charged with two counts each of access device fraud, conspiracy, receiving stolen property, and possessing instruments of crime.
These tracking technologies are near and dear to my heart, because they are parallel to what Steve Levitt and I looked at in our study of LoJack. When you install one of these apps onto your phone, you’re probably helping other iPhone owners because you’re making the activity of stealing any iPhone less profitable. Thieves who don’t know whether this is a protected or unprotected phone will be less likely to steal iPhones generally.
The real mystery to me is why gadget manufacturers don’t see theft protection as a business opportunity. Like LoJack, they could sell theft protection services where they promise to help track down and maybe even prosecute bad guys. In doing so, they would not only generate some extra revenues from people like me who put a value in getting our gadgets back (and getting the bad guys), but they also would be making all of their gadgets more attractive because they would generally deter some thieves from taking the devices.
Tracking down cellphones is not rocket science. In this old Forbes column, you can read about how I downloaded the cellphone calls that the thief was making and soon was talking to the thief’s girlfriend. Before you know it, a “friend” of the thief gave me back my phone at a local McDonald’s.
One of the simplest things a cellphone company could do is embarrass the thief. As Barry Nalebuff and I suggested:
Anytime a stolen cell phone is used, a computer would automatically call the same number just after the thief’s call is over. A recorded message would say: “This number has just received a call from a cell phone that was reported stolen. At the tone would you please identify the caller.” We think that this is better than just turning off the phone (at least for a short time) so that the thief can be outed and the trail can be marked.
The theft of a cellphone, or nowadays any device that is a receiver, leaves an electronic trail that can be used to find the phone and deter crime. The success of the iPhone tracking apps suggests that this is a market that is waiting to be more completely filled.