Archive for April, 2022

Taiwans silicon shield: Why island may not be the next Ukraine – Al Jazeera English

Taipei, Taiwan Since Russia invaded Ukraine, Taiwans security has been on the lips of policymakers and analysts the world over, amid predictions China could one day follow Moscows lead and attempt to take over the island nation.

Both Taiwan and Ukraine are young democracies, whose national identity and political independence face the threat of aggression from a neighbouring superpower.

Taiwan, however, has a little-discussed secret weapon that Ukraine did not have a dominance in manufacturing semiconductors that some analysts say could prove crucial in deterring an invasion by Beijing.

An invasion of Taiwan could trigger unprecedented global economic fallout due to the islands position as arguably the most vulnerable single point of failure in the technology value chain.

Taipeis silicon shield makes the stakes especially high for China. While Chinese President Xi Jinping has pledged to reclaim the self-ruled island by force if necessary, Beijing relies heavily on Taiwanese technology to power key industries that it is banking on to double its gross domestic product (GDP) by 2035.

Taiwans integrated deterrence strategy must keep this stark choice between national objectives for Beijing clear, Jared McKinney, a scholar at Air University, told Al Jazeera. Either conquer Taiwan or maintain economic prosperity.

A question delayed is an invasion denied, McKinney said.

Taiwan accounts for 92 percent of global production for semiconductor process nodes below 10 nanometres (1 nanometre is one-billionth of a metre), making it the main supplier of the vast majority of chips that power the worlds most advanced machines, from Apple iPhones to F-35 fighter jets.

A one-year disruption to the Taiwanese chip supply alone would cost global tech companies roughly $600bn, according to a study by the Boston Consulting Group. In the event its manufacturing base was destroyed in a war, rebuilding production capacity elsewhere would take at least three years and $350bn, the study found.

China is good at algorithms, software, and market solutions, Ray Yang, a consulting director at Taiwans Industrial Technology Research Institute, told Al Jazeera. But their industry needs many high-performance computer (HPC) chips that they do not have.

If a conflict interrupted their supply, it would dramatically slow down Chinas AI and 6G ambitions, Yang said. They would have to reorder their entire industrial strategy.

That dependence could be further exploited by Taipei to buttress its national security, according to some military analysts.

McKinney, who stressed his views do not necessarily represent those of Air University or the US Air Force, said Taiwans silicon shield should be less a commitment device for American defence than a deterrent against Chinese aggression.

Last year McKinney and Peter Harris, an associate professor of political science at Colorado State University, published a paper on a broken nest strategy for deterring China. They proposed Taiwan could credibly threaten to destroy industry leader TSMCs infrastructure at the onset of an invasion, which would deny Beijing access to its chips and inflict serious damage to its economy.

McKinney said deterrence could be boosted further by instituting a multilateral semiconductor sanctions regime whereby the United States, South Korea, and Japan joined with Taiwan to halt semiconductor exports to China if it started a war.

If the ask is to sanction the whole Chinese economy, you might not get enough buy-in, he said, expressing doubt that conglomerates with deep exposure to Chinas market would pull out.

The comparatively modest scope of semiconductor sanctions makes them more credible as a deterrent, making it a warning signal Chinese policymakers cant ignore.

Though China remains dependent on Taiwanese tech for now, it is working hard to turn the tables amid allegations of talent poaching and intellectual property theft. Taiwan bans Chinese-funded companies from investing in high-end technology and those who violate incoming economic espionage laws could spend up to 12 years behind bars. Last month, Taiwan raided eight Chinese tech companies and interrogated 60 Chinese scouts who were allegedly trying to poach Taiwans top engineers.

The biggest threat to Taiwans continued technological dominance is talent poaching from mainland China, James Lee, an expert on US-Taiwan relations who will take up an academic post with Taiwans Academia Sinica later this year, told Al Jazeera.

So far, it [China] hasnt succeeded for high-end chips but it is plausible that they may succeed at some point, and given the sheer amount of resources that Beijing has at its disposal, Taiwans going to be under constant pressure.

Ross Feingold, a Taipei-based lawyer, told Al Jazeera IP theft is a particular concern.

Due to drawn-out court proceedings and slight penalties, the law does not inspire enough fear to deter individuals from routinely stealing trade secrets or insider information from firms, Feingold said.

However, Yang does not see this as a big worry for leading firms like TSMC.

They are very smart and have a very sophisticated system to protect their most sensitive information, he said.

Taiwans tech dominance affects Washingtons risk calculus, too. The US has no defence treaty with Taiwan, while the debate is heating up in Washington over whether it should maintain its long-held policy of strategic ambiguity or switch to strategic clarity.

I see US technological dependency on Taiwan as an effective and even preferable substitute to a policy of strategic clarity, Lee said.

It locks the United States into defending Taiwan to protect the islands semiconductor industry, but it doesnt mean that the United States is treating Taiwan as an ally or supporting Taiwans independence.

Yet, with Washington investing $52bn into reshoring chip manufacturing and homegrown hero Intel edging to become the worlds most advanced chipmaker again, the US may not be technologically dependent on Taiwan for long.

If the United States started manufacturing the worlds most advanced chips, that would make Taiwan less important to the United States and would consequently make the US less likely to defend Taiwan, but that is still very much a theoretical scenario, Lee said.

Intel might be able to reach this tier of elite manufacturers if there is substantial public and private investment in the United States over the course of the next 10-20 years, but even if that happens, its not likely to displace TSMC altogether.

Even if Intel catches up technologically, there is no guarantee industry players will not still prefer TSMC.

This is what Intel needs to deal with, Yang said. TSMC is fully trusted by its international partners since [unlike Intel] it does not have its own product and does not compete with them.

Global semiconductor making concentrated on the island thanks to three decades of globalisation that prioritised low costs and economies of scale. But now de-globalisation is very much under way as industrial and national leaders worldwide wake up to the reality of black swan events.

Adjusting to the new reality of supply chain vulnerability, leading firms are moving process capacity outside of Taiwan. TSMC will kick-start the construction of semiconductor fabrication plants in Arizona and Japans Kumamoto in 2024. Taiwans UMC, the worlds third-largest chipmaker, is due to open a plant in Singapore the same year.

Yang believes international firms that previously saved by offshoring manufacturing will seek to offset the costs of reshoring through technical breakthroughs that will be achieved with the assistance of Taiwan.

More and more players from up and down the supply chain are coming and setting up here to get closer to Taiwans ecosystem, be it Dutch lithographic equipment makers, Japanese chemical suppliers, and others, he said.

Taiwan will still lead the whole ecosystem because international players need to join with us to innovate the next generation of chips.

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Taiwans silicon shield: Why island may not be the next Ukraine - Al Jazeera English

The Top Google Analytics Training Courses for Marketers to Take in 2022 – Solutions Review

The editors at Solutions Review have compiled the following list to spotlight some of the best Google Analytics training courses for marketers of all experience levels to consider taking.

If your marketing team wants to kickstart or improve its marketing analytics strategy, Google Analytics can probably help. As one of the most popular analytics platforms in the marketplace, Google Analytics is capable of helping marketers monitor, analyze, and optimize their website traffic. However, if youre unfamiliar with the platform, you should consider a training course to help you get started on the right foot.

To help, the editors at Solutions Review have spotlighted the following Google Analytics training courses for marketers to consider improving their skills and platform expertise.

Provider:Coursera

Description:This beginner-level certification course has no prerequisites and can be taken by anyone looking to break into the analytics marketplace. Over approximately six months, aspiring data analysts will learn from Google employees and experts and understand the practices and tools needed in the high-paced world of marketing and data analytics. Topics covered include cleaning data for analysis, developing data spreadsheets, R programming, data visualizationTableau, and presenting data findings via dashboards and presentations.

Provider:Edureka

Description:Google Analytics is one of the most widely-used analytics platforms globally, so theres a lot of value in learning to master the capabilities and tools. With this online self-directed training course, learners will use structured training exercises, videos, presentations, projects, and assignments to enhance their Google Analytics skills. Some of the subjects covered include an introductory overview of web analytics products, categories, segmentation, case studies, and techniques. Meanwhile, the Google Analytics-specific tools introduced in the course include audience reports, e-commerce analytics, behavior analysis, social media analytics, data analysis, and conversions.

Provider:Skillshare

Description:With this compact, intermediate-level course, aspiring data analytics will learn to use Google Analytics to identify what web pages are most successful, why those pages are successful, where the traffic is coming from, who the visitors are, and what sources are sending people to the site. Other subjects covered in the course include demographic reports, using behavior reports to learn how to keep people on a page for longer, segmenting data to discover new insights, and measuring marketing performance with real-time information. The course uses a series of 13 videos and a hands-on class project to help learners practice and hone the skills theyve learned.

Provider: LinkedIn Learning

Description:From Madecraft and Brad Batesole, an internationally recognized marketing thought leader, this ninety-minute training course is designed to help active Google Analytics users learn to use the platforms more advanced tools and capabilities. Learners who enroll in the course will learn how to track Google Analytics users with User-ID, measure events, report on event flows, create and manage filters, add new views, apply segments, and become familiar with the advanced features available on the platform.

Provider: LinkedIn Learning

Description: This course is a great place to start for marketing teams looking for a class to teach them about the out-of-the-box functionalities available from Google Analytics. The program explains how a business can use analytics to understand who its audience is and how to engage with them with tools like behavior reports, segmentation, tracking tags, and funnel visualization. Students who enroll will also learn how to set up a Google Analytics account, work with its essential reporting tools, graph data over time, use annotations in their reports, set goals, and determine their audiences demographics, interests, and location.

Provider:Udemy

Description:This beginner-level Google Analytics training course will teach users to identify their audience, track website engagement, understand where web traffic comes from, optimize web content for SEO, and see how users navigate the website. Specific skills covered in the training course include Google Analytics Behavior Reports, campaign tagging, custom report management, custom alerts, goal tracking, audience reports, analytics intelligence, segmentation, and more. The bestselling, top-rated course has helped thousands of users learn valuable best practices for Google Analytics.

Provider:Udemy

Description:This bestselling Google Analytics course can help beginners improve how they monitor their business performance and identify growth opportunities. Students will learn to create a Google Analytics account, install tracking codes,load demo data, remove internal traffic from reports, explore data segments, use campaign tagging to monitor marketing performance, remove spam traffic, set up custom alerts, and analyze audience, behavior, and acquisition reports. The program is taught by Daragh Walsh, a top-rated instructor who has helped over one million people improve their skills.

Provider:Udemy

Description:With this course, Google Analytics users will have access to almost five hours of video material, over fifty real-world examples, and one-hundred quiz questions to help them learn how the platform works and put their new skills to the test. The course will cover topics like measuring data with Google Analytics, website speed optimization, data segmentation, socio-demo data analysis, UTM parameters, internal site search, and using data to drive meaningful business growth.

William Jepma is an editor, writer, and analyst at Solutions Review who aims to keep readers across industries informed and excited about the newest developments in Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), Business Process Management (BPM), and Marketing Automation. You can connect with him on LinkedIn or reach him via email at wjepma@solutionsreview.com.

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The Top Google Analytics Training Courses for Marketers to Take in 2022 - Solutions Review

Confessions of a professional clickbait writer – The Boston Globe

I had no clue what SEO was when I was hired by a Silicon Valley health startup in 2018. But it wasnt long before I understood the value of ranking higher in search engines.

Get Weekend Reads from IdeasA weekly newsletter from the Boston Globe Ideas section, forged at the intersection of 'what if' and 'why not.'

Approximately 75 percent of clicks go to the top three results on search engines. To put that into context, I run a college-student tips website with one of the top-ranking articles for the question How much do college students spend on food? In 2019, my article was the number one search result for that query. That year, 35,339 people read it. In 2021, my article dropped to the bottom of page one, where it hovered between spots eight and 10. The page received only 8,470 views last year, a 76 percent decline.

If I sold a product or service through my website, dropping even eight spots on Google would have lost me 26,869 potential new customers. Ive seen search engine updates affect a companys search rankings so much that they effectively destroyed a five-figure monthly online business overnight.

Today, more businesses than ever before rely heavily on SEO to get their products in front of new eyes. Because its viewed as a long-term growth strategy, companies are investing more resources than ever in SEO. Heres why this is troubling: Companies that have access to expensive SEO artificial intelligence tools and the funds to pay freelance writers often outcompete true experts who lack such resources. Its a numbers game: The more an entity is willing to spend, the greater the likelihood that its information accurate or not ends up at the top of search engines. Ask yourself: How often do you look for the answer you seek on the second page or even the bottom of the first page of search results?

Access to the top of page one on Google, like life in many of Americas cities, is becoming less affordable every day.

The artifice of SEO

Being an SEO writer is an exercise in imagination. Im a city dweller whos never owned a home, yet I pay my rent by writing home improvement articles. I once wrote a Christian book review right after writing about language hacks that men can use to pick up women. Im a former physical education teacher with expired personal training credentials, yet from 2018 to 2021, I wrote hundreds of health articles.

When clients ask me to conduct research before writing an article, the instructions are usually pretty simple: See what the top articles are doing, and do it better.

Better, Ive come to understand, doesnt mean more factual or presented with more compelling statistics. The client wants me to reiterate what the top-ranking websites have already said. By peppering in terms related to the topic that people might search for, its not hard to make poached words sound like my own.

I try in earnest to create original, well-sourced content. Yet Id be silly not to cherry- pick ideas from pages that, according to Google, are winning the rankings game. Im not paid to write beautiful prose; Im paid to grab eyeballs.

But for freelancers working for SEO content farms who churn out a dozen or more articles per day, the research standards are far lower. Its about a paycheck. A Google spokesperson told me that the search engine identifies and penalizes spam and scraped content, but I regularly spot reshuffled sentences, if not outright plagiarism, on the first page of Google search results.

Recently, I attended an SEO Lunch and Learn Zoom call for a marketing agency I write for. Showing us the back end of the agencys Google Analytics page, the marketing director clicked on a company whose website was getting about 100,000 monthly views.

This article receives about 20,000 clicks each month, he boasted of a piece written by a freelancer but bearing the CEOs byline.

[He] doesnt even know his company has a blog, the marketing director said, referring to the CEO and laughing.

This is another thing about SEO. Companies get a great return on their investment by paying an unknown freelancer to write a piece that the CEOs name will go on.

Author authority is good for SEO, youll hear. But if that blog has 100,000 monthly readers and the CEO hasnt written any of its content, is that really author authority? What if everyone did it that way?

The thing is, many companies do.

To sum up the game of SEO-upmanship: Freelance writers, cheaper than actual experts, get paid to write things that are way out of their wheelhouse. If they follow basic SEO principles, their articles especially ones bearing the name of someone well known can rank high in search engines.

The kicker is that the reason people invest in SEO in the first place to get new visitors and potential customers to their website may soon be gone. Consider Googles content-snippet feature that previews answers and the FAQ accordion box that pops up before the first search result. With each of these tools, Google tries to answer your question before you even have to click on any of the search results.

If you find the answer to your question without ever leaving Google, the companies paying for SEO-optimized content lose money. Once the information middleman, Google is morphing into an information landing page. This is one reason you often have to scroll through so many ads before you get to the information youre looking for. Googles revenue from search-related advertising was $149 billion in 2021.

A cog in the SEO machine

For some time I havent felt great about the work Im doing. I may spend my workday writing, but Im not writing for artistic expression. Im marketing my words to a search engine. In that sense, Im more of a literary salesman than a writer, using industry-standard sentence structure and similar tactics to sell Googles algorithm on my product.

In addition to the spread of low-quality, zero-accountability information online, I wonder if SEO harms us in other, subtler ways. Its entirely possible that the mental health crisis in America is being exacerbated by our efforts to fix complex life problems with Seven Simple Steps how-to articles. Even though a lot of us know these bullet-pointed formats are superficial, theyre great for SEO.

I used to think of Google as the information superhighway an unbiased resource where you could go to find the best answers to your questions, ranked in terms of quality. This is not to say that Google turns a blind eye; the spokesperson said that the company believes its cut in half the number of irrelevant results on searches over the past seven years. Even so, I have come to believe that Googles primacy as the default search engine comes at the expense of quality information.

Something happened recently that put a finer point on that concern.

While eating lunch, I found myself wondering about something. Like most of us do, I Googled it. I clicked the top result and read the majority of the article, only to be completely shocked when I reached the bottom of the page and saw the image in the author box.

It was a picture of my face. The article said Written by Ben Kissam.

Ive written so many articles on topics Im not qualified to write about that I accidentally learned something from an article I wrote.

Ben Kissam is a writer and stand-up comedian in Denver. Follow him on Twitter and Instagram @benkissam.

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Confessions of a professional clickbait writer - The Boston Globe

Track teams out of the starting blocks | Local | rutlandherald.com – Rutland Herald

The Fair Haven Union High School track and field team is opening the season in style on Saturday at the Empire Arsenal Relays in Watervliet, New York.

It is a great way to start a season, Fair Haven coach Jon Oakman said.

Rutland will kick off its season on April 12 with a home meet on its eight-lane rack at Alumni Field.

Oakman and his assistant Randy Shutter expect the strength of the Fair Haven girls squad will be the middle distance events led by the likes of Isabella Carrara, Ava Shull and Ella Kuehn.

The boys strength figures to be in the throwing events.

We have some big strong throwers, Shutter said.

Most will throw in all three events the shot put, discus and javelin.

Leading the way are Dave Doran, Cooper Spaulding, Nate Young, Caden Lynch, Kole Matta, Patrick Stone and Mason Williams.

Luke Williams will be taking aim at the school record in the long jump that was set by his brother Evan Williams at 21-4, established in 2019.

He also could be one of the top triple jumpers in Division II, Shutter said.

The D-II State Meet will be at U-32 in East Montpelier.

I think we could have a few (winning state titles), Shutter said.

Kuehn and Carrara are confident that they could be part of some relay units that could do big things.

I have been part of relay teams for four years. I see a lot of hard working underclassmen on the relay teams this year, Carrara said.

Since we have all played soccer together in the fall, I think we have a lot of chemistry and and I think we can be successful, Kuehn said.

A highlight of the Slaters hefty 21-meet schedule will be a large invitational hosted by Niskayuna High School in New York State. The Slaters will be going to several meets in the Glens Falls-Albany area.

Other boys on the squad include Phil Bean, Noah Beayon, Riley Buckley, Reilly Flanders, Emmett MacKay, Sulivan OBrien, Cole Oakman, Konner Savage, Kaylo Stevenson and Nikolai Wook.

Others on the girls squad are Aunnika Brannock, Julia Carrara, Olivia Charron, Abi Fowler, Ash Kennett, Vivian Ladabouche, Ayame Merkel, Madison Perry, Allison Rogers, Katarina Stevens and Alexandra Williams.

GREEN MT.Green Mountain coach Angela Hutchins wont be short on senior leadership with 13 members of that class across the boys and girls teams: Ryan Colburn, Aiden Farrar, Miles Garvin, Jordan Harper, Evan Hayes, Jaden Holden, Jayden Hinkle, Everett Mosher, Mitchell Rounds, Jackson Ruhlin, Elias Stowell-Aleman, Eva Svec and Grace Tyrrell.

Juniors include Greta Bernier, Josh Buckley, Luna Burkland, Berkley Hutchins, Marlayna King, Eben Mosher and Ben Munukka.

The lone sophomore is Noah Cherubini and freshmen are Kyra Burbela and Joa Gibson.

Mill River coach Brandon Ryan has a small team but it has members capable of making plenty of waves this season when the Minutemen open the season on April 12 at Fair Haven.

You can start with senior Annika Heintz who is defending her three individual state titles. The elite distance runner in coming off an outstanding cross country season and a good winter training regimen.

Ryan said the team has others who could turn heads this year.

We have a lot of surprises in the bag that I think will shock Vermont, he said.

One of those is Mount St. Josephs Leah Majorell who is training with the Mill River team.

The girls team is comprised of seniors Faith Murray and Heintz, junior Malorie Tarbell, sophomores Majorell and Claire Morris and freshman Willa Seo.

Leah Majorell has a lot of untapped potential, Ryan said.

Ethan Foley is the lone member of the boys squad.

I come into my first year as Mill Rivers track and field coach as optimistic. We have a small team but with very promising members, Ryan said.

When Rutland unveils its team for the home fans at Alumni Field, the Raiders could be strong in the distance events with top female runners from the cross country team like Helen Culpo and Erin Geisler as well as Brady Geisler, Karver Butler Owen Dube-Johnson and Sam Kay on the boys squad.

The potential of the distance runners has to excite coach Mike Audette, himself an elite runner at Catholic University in Washington, D.C.

The girls team is comprised of Calle Alexander, Sophie Boulette, Isabel Crossman, Culpo, Geisler, Raynna Hanlon, Makenna Houston, Makenna Hubert, Dierdre Lillie, Jenna Montgomery, Kailey Murray, Jillian Perry, Ava Rosi, Emelia Sabataso, Bethany Solari, Evangeline Taylor, Emily Wigmore and Emma Worton.

The boys team includes Abed Alawi, Butler, Dube-Johnson, William Fuller, Brycen Gandin, Geisler, Aiden Good, Sam and Joshua Kay, Coletan Lapham, Jahmalie Mckenzie, Tyler Messer, Logan Mormando, Slade Postemski, Hank Potter, Brock Quinlan, Matthew Reveal, Eli Rosi, William Sabataso, Brayden Shelton, Lane Shelton, Finnian Smathers and Marko Svoren.

There has been a trend at Springfield of athletes doing a couple of sports in the spring, baseball and softball players competing on the track and field team.

Baseball player Sam Presch is one of those.

He was kind of the pioneer of that, Cosmos track and field coach Jim Fog said.

Presch was third in the 400 meters at the State Meet last year and he is one of several baseball players that Fog expects to see.

Chris Jeffers is a senior in his fourth year on the team and is also strong in the 400.

Tim Amsden is a 300-meter hurdler and Aidan Donahue could perform well in the throws.

I coached him in football. He is big and strong. He could be one who steps up, Fog said.

Alicia Ostrom, a strong cross country runner, will be counted on as a leader of the girls 4X800 relay unit as well as being strong in distance events.

Liz Loney will be counted on for points in the girls javelin event.

Ari Cioffi, a softball player, could have success in the throwing events.

Damian Stagner and Dylan Magoon are both strong distance runners on the boys side.

The West Rutland girls will be led by the reigning Division IV state shot put champion Isabel Lanfear. She also finished second in the javelin at the State Meet.

She will also compete in the 100-meter hurdles and might try the high jump, coach Dillon Zaengle said.

Her sister Abigail Lanfear will compete in the triple jump, long jump and shot put.

The boys will have Jaden Jarrosak representing the Golden Horde in the 100 meters, 400 meters and long jump.

He moved back from Agawam, Massachusetts at the beginning of the school year and Zaengle considers that a windfall.

JJ Clemmons is a returning senior who will be competing in the shot put, discus and possibly the long jump.

Colby Perry is taking on the shot put, discus and potentially the 100 meters.

Sophomore Quincy Senecal is tackling the high jump, 100 meters, 100-meter relay and long jump.

Tristan Rocke, who flashed his speed on the soccer field, will showcase it in the 100, 400 and 800.

Freshman Charlie Duncan will be in the shot put and discus events.

Our goal is to get everyone qualified for at least one event in the State Meet, Zaengle said.

A highlight of the schedule, that begins on April 12 at Fair Haven, will be a trip to the Windsor Invitational.

I am excited about some of the newcomers because we are trying to grow the program, Zaengle said.

NOTES: The State Meets will be the weekend of June 3-4. ... Oakman said the turnout of 40 athletes in the Fair Haven program is low. The Slaters numbered in the 70s several years ago. ... The Jerry Jasinski Vermont State Decathlon Meet will be June 13-14 at Burlington High School.

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Track teams out of the starting blocks | Local | rutlandherald.com - Rutland Herald

New Jersey Joins the Trend of Increasing Privacy Protections for an Employees Location – JD Supra

In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jerseys Assembly Bill No. 3950, goes into effect on April 18, 2022 and requires employers to provide notice to employees for certain types of geotracking. This law continues the steady advance in protectionsboth in state legislatures and in the courtsfor the privacy of an employees location. Employers in every state should examine their geotracking programs to address the risks created by these developments.

What does New Jerseys new law require?

Assembly Bill No. 3950 requires that employers provide written notice to employees if the employer knowingly makes use of a tracking device in a vehicle used by an employee when that device is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.1The laws definition of tracking device supports a narrow reading that excludes devices capable of tracking location but that are not designed or intended to be used solely for that purpose. It is not yet clear, however, how narrowly courts will interpret the laws tracking device definition.

What does a tracking device include?

Reading the law narrowly, a tracking device would exclude many common forms of geotracking. For example, it would not cover GPS tracking apps in company-issued smartphones because of the wide array of other functions performed by a smartphone. Similarly, tracking devices would not include combined devices often used in a fleet of trucks that capture vehicle movement as well as perform audio and video surveillance. The laws definition of tracking device, furthermore, excludes devices used for the purpose of documenting employee expense reimbursement, one of the most common reasons that employers track location.2

On the other hand, a tracking device likely includes telematics devices that track movement, e.g., hard braking, swerving, and speeding, because this information includes movement if not location. Other equipment that might be covered include devices issued by insurance carriers to monitor safe driving and GPS locators that track drivers routes.

What are the penalties for not complying?

New Jerseys law does not provide a private right of action. Rather, the law is enforced by New Jerseys Commissioner of Labor and Workforce Development pursuant to New Jerseys Penalty Enforcement Law of 1999. Failure to provide the required written notice can result in a penalty of up to $1,000 for the first violation and up to $2,500 for subsequent violations.3

How is New Jerseys law different from other tracking laws?

Narrow definition of tracking

In passing this statute, New Jersey joins over a dozen other states with location tracking laws. The unique language of New Jerseys law, however, makes its application both narrower and wider than the other laws. As explained above, New Jerseys law defines a tracking device as an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person or device.4This narrow definition stands in contrast to other states laws. For example, Californias tracking law broadly defines an electronic tracking device as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.5On the other hand, Floridas tracking law defines a tracking device as any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals.6Floridas definition is clearly more expansive than New Jerseys but not as broad as Californias.

Application to both company and personal vehicles

Alternatively, some provisions of New Jerseys tracking law are broader than other states laws. Notably, New Jerseys law requires notice to employees regardless of whether they are driving a company or personal vehicle. State laws typically exempt a company from compliance obligations if the company owns the vehicle being tracked. For example, Illinois and Michigan require the employees consent to track the location of the employees vehicle, but do not require the employees consent if the company owns or leases the vehicle being tracked.7

Requirement of notice but not consent

Furthermore, unlike tracking laws in many states, the New Jerseys law requires only notice, not consent, for location tracking. Wisconsin, for example, requires consent for individual GPS tracking, except in a few circumstances. Notably, Wisconsin does not require employee consent for the employers tracking of a company vehicle.8

Relevant case law regarding tracking

Even in states without legislation on geotracking, recent developments in case law provide greater protection for the privacy of an individuals whereabouts. This trend has been led by the Supreme Court. In Carpenter v. United States, the Supreme Court held that the warrantless collection for 127 days of cell-site data for mobile devices violated the Fourth Amendment.9The Court reasoned that the continuous real-time tracking of an individuals location violates a legitimate expectation of privacy.10Chief Justice Roberts explained, As with GPS information, the time-stamped [cell-site] data provides an intimate window into a persons life, revealing not only his particular movements, but through them his familial, political, professional, religious, and sexual associations. These location records hold for many Americans the privacies of life.11

Although Carpenter considered whether the governments warrantless search violated the Fourth Amendment, the case is relevant to private employers because the reasonable expectation of privacy standard is effectively the same for the common law invasion of privacy tort. In fact, a growing number of state courts have followed the Supreme Courts reasoning to hold that real-time continuous location tracking violates an individuals reasonable expectation of privacy and can serve as a basis for privacy torts. For example, in a Nevada district court case,an employer surreptitiously placed a tracking device on an employees car.12The employee brought a claim for the common law privacy tort, intrusion upon seclusion, which survived summary judgment.13Citing to Carpenter, the court found that the plaintiff had a reasonable expectation of privacy in his daily movements in the car.14

What steps can employers take given the recent case law?

In light of the growing case law protecting a privacy interest in location, employers can consider giving notice of location tracking even in states where not required by statute. Employers should consider notice in particular when conducting real-time, highly accurate, continuous tracking of an individuals location. This applies to the tracking of any individualnot just employees, but also applicants, independent contractors, interns, and others. By providing a clear and explicit notice about tracking, the employer undermines expectations of privacy in the individuals location.

Second, employers should safeguard location tracking data within the organization and provide access on a need-to-know basis only.

Third, if the employer implements a tracking program, it should consider other laws in the employment context as well as the risks of over-collecting personal information about employees. In particular, employers should try to avoid tracking employees after working hours because the employer risks gathering a wide spectrum of intimate details. Some of these details may reveal the employees membership in a protected category. An employer could learn, for example, that an employee regularly visits a dialysis clinic after work or that an employee goes to the mosque every Friday. If the employee is then terminated or subject to some other adverse employment action, the employee may suspect that the adverse action resulted from discrimination based on the employees disability or religion. This potentially could lead to claims against the company, even if the company had a legitimate reason for the adverse action.

Employer takeaways

Given the growing protections for location tracking, employers should consider the following:

Footnotes

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New Jersey Joins the Trend of Increasing Privacy Protections for an Employees Location - JD Supra