938 Mobile Computing and Commerce Legal Implications Gundars Kaupins Boise State University, USA Copyright © 2009, IGI Global, distributing in print or electronic forms without written permission of IGI Global is prohibited. introduction This article summarizes the present and potential legal constraints of mobile computing and commerce and provides company policy suggestions associated with wireless data collection, dissemination, and storage. The legal constraints focus on major American laws that directly and indirectly involve mobile computing and commerce. Mobile computing is the ability to use wireless devices such as laptops and handheld computers in remote locations to communicate through the Internet or a private network. The technology involves a computer linked to centrally located information or application software through battery powered, portable, and wire- less devices (Webopedia.com, 2007b). Mobile commerce uses computer networks to interface with wireless devices such as laptops, hand- held computers, or cell phones to help buy goods and services. It is also known as mobile e-commerce, m- commerce, or mcommerce (Webopedia.com, 2007b). Radio frequency identifcation (RFID) technologies are often a part of mobile commerce. The technologies use radio waves to provide services such as identifying product packaging, paying tolls, purchasing at vending machines, and covertly monitoring employee locations (Grami & Schell, 2007). This article is signifcant because mobile computing and commerce are expanding at a terrifc pace. Laws have been slow to catch up with the new technologies. However, some existing laws on mobile computing and commerce already have a large impact on how com- munication is disseminated, security and privacy are maintained, and companies develop mobile policies. This article helps corporate managers reduce potential litigation because these mobile laws are described and their implications on company policies disseminated. background Companies incorporating mobile computing and com- merce must balance the freedom of communication with legal constraints associated with privacy, fair- ness, copyrights, and discrimination. Technological and legal changes in the last 40 years have lead to a plethora of wireless devices and laws. wireless device history First generation (1G) systems that began in the early 1980s provided analog voice-only communications while second generation (2G) systems introduced in the early 1990s provided digital voice and low speed data services. Third generation (3G) systems introduced in the early 2000s focused on packet data rather than just voice (Grami & Schell, 2007). Greater standardization has contributed to greater wireless computing and communication especially in Japan and Europe. The United States is catching up (Ackerman, Kempf, & Miki, 2003). An example of greater standardization is Wi-Fi, an underlying technology for laptops associated with local area networks (LANs) based on the Institute of Electrical and Electronics Engineers (IEEE) 802.11 specifcations. It was developed to be used for wire- less devices, such as laptops for LANs, but it is now increasingly used for more services, including the Internet, television, DVD players, and digital cameras (Webopedia.com, 2007a). With faster data transmission speeds and battery power boosts, employees are making wireless devices natural extensions of themselves with increased use of LANs, more location-based services, and wireless gadgets (Hirsh, 2002). Accordingly, working wire- lessly allows employees to work almost anytime and anywhere. Information becomes more readily available in which employees can see and talk to each other, send