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Smart phone is a mobile phone that has the characteristics which are more in advanced in the connectivity and on computing ability than the normal cell phone. Smart phone are sometimes thought as handheld integrated computers with a mobile telephone in them. A smartphone enables the user to run and proactively do the multitasking of applications that are in built to the principal hardware. A complete operating system is installed in smartphones and this software enables the provision of a platform for provision of application by developers and users. Thus they have the combination of the camera phone and personal digital assistant in them (PDA). According to a research conducted in the early 2011, smartphones are having rates that are very accelerating when it comes to the rate at which mobile phone users are adopting them for work and for contact purposes. The research result according to Olswang report showed that 22% of mobile phone uses have switched to the smart phone and most of these being in the age bracket of 25- 35 years (Mobile reference 56).

The growing demand for the more advanced mobile services which have high and powerful processors, larger LCD screens, large memories and an operating system that is open has overtaken the rest of the phones with the low processing sped and have the absence of the operating system. These phones include this smart phone. According to the study conducted by the Comscore, over 45.5 million mobile phone users in the United States had the access and owner ship of smart phones by the year 2010. This percentage was out of the 234 million registered subscribers hat are present in that country (Mobile reference 46).

The first smart phone was designed and shown as a product concept in the year 1992 by the IBM Simon. The smart phone was released out to the market in 1993 and was sold by the user. Despite being a mobile phone device, this first ever designed smart phone had he features of a calendar, address book, the world clock, the calculator, email services, games, the note pad and the sending and receiving of fax options. The smart phone had no physical keypads to operate and instead it had the touch screen option that was used for operations purposes. Many users have this question in mind, what makes a smart phone? And why is it smart? Below is the answer.

A smart phone has much difference from the normal cell phone, as said in the first paragraph, a smart phone is a device for making and receiving calls and at the same time have a lot of added features that makes it more than a phone. These features include the ability to receive and send emails and the options of editing office documents for instance. Smart phones were developed as a result of the renovation of the cellphone and the personal digital assistants. The key smart phone that makes it a smart phone includes the ability the following features in details;

Operating system- a smart phone must have the feature of being installed with an operating system that allows its applications to run productively. The blackberry smart phones for instance use the blackberry operating systems whereas most of them use the common windows mobile operating system(Mobile reference 14).

Software- other than the basic software that is common even in the normal cell phone, smart phones has the ability to do m ore software tasks such as use of the Microsoft word, viewing and downloading of applications and personal and business finance manager soft wares (Mobile reference 15).

QWERTY Keyboard- this is a definition of the key arrangements that are present in a computes keyboard, the smart phone has the same feature in the arrangement of its keypad as that of the computers keyboard. This keyboard in the smart phone is found in the physical form whereby one can type on or in the touchscreen format (Mobile reference 14).

Messaging services- despite the feature of receiving and sending messages being common in most of the cell phones, the smart phone has the added feature that enables it to handle the e- mails in multiples and access of the yahoo messenger option among other options.

Web Access- The website access is a property that allows the computer systems to access the internet services at a higher speed as a result of the development and the growth of the 3G network system and the Wi-Fi support among the smart phones (Mobile reference 14).

The legal issue of the smart phones

The legal sue of the use of smart phones for personal use ad business use has brought forward many issues. However, much issue has been put across in the use of these devices for business purposes among individuals and organizations. If the company owns or uses a smartphone, then it also owns all the phone number that are assigned to that device, in case an employee leaves the company, the phone number is usually given to anther employee and for that reason if that employee owns the smartphone and leave the company, all the contacts belonging to customers and other employees that were in that number are no longer used for contact purposes with the company. Due to the varying laws in different states, the employers might have rights in one location but no rights another location.

The most important legal issue about the use of the smart phones at business is the question of who has the access and ownership to data. When these phones are issued to employees in a business organization, then he or she is the one with aces to the information stored on these smartphones. Their complex features that are almost similar to those of computers make them to store a lot of data. This data can be relevant to the business or irrelevant. For instance, in an organization that offers healthcare service or financial services, most of the information about these customers is stored in these smart phones and can therefore be traced back by any one who has access to the smartphone. Due to the sensitivity of this information, it is the mandate of the user to protect the private data that is private and confidential (Mobile reference 44).

Despite the positive outcomes that are present in the use of the smart phones, they also happen to have several issues that are of disadvantage both to the customer and the employer or the user. For instance, these smart phones due to their feature that enables them to have the GPRS settings, this is an implication that someone can monitor the moves of the individual with the phone either knowingly or unknowingly. This is made possible by installation of special programs that enable one to tread the call logs, the email messages, the texts, and listen to made conversations. This aspect might be of both value and disadvantage depending on the purpose of the tracking. These are the issues associated with the employee and customer’s monitoring (Mobile reference 48).

The other issue that raises eyebrow on their legality is the liability factors. This happens when an employee uses the smart phone a basement to launch an attack or to hack into a network or a website that is out of restriction for him or her, harassing a worker or a customer or the act of any other cyber crime. As a result, one wonders where it is possible for an individual to sue to the company or the employee via claims that by the use of the company’s devices, the employer’s action were in representation of the entire company.

Smart phone laws

Fast case- is a mobile law for smart phones and in precise the iPhone that allows the user to have the option of searching all the cases and statutes from all the states inclusive of the federal government. The smart phone technology search enables the puling of the cases tat are most relevant to the search query on top of the feature that customizable and help in the search process in the iPhone. Thus application is free in smart phone but it needs an application of the account in order to make sure that one gains access to features such as the document saving of the search of historical facts. This is a law that has very many lawyers being in registration with it due to its effectiveness (George 129).

Droid Law- just like the fast case law, the droid law in smart phone is a form of a legal reference for smart phone and other mobile users application that ensures the following bases in its application, the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, the Federal Rules of Evidence, the Federal Rules of Criminal Procedure and the Federal Rules of Bankruptcy Procedure.  Additional reference materials include, such as the code of the United States or U.S. Constitution add-on are mush available for user but unlike the fast case law, the Droid law goes at a fee (George 128).

Black’s Law Dictionary, 9th Edition- this is the most applied law book in the world, this is an application in the blackberry smartphone that enables the user to access over 55,000 different terms of language with spelling pronunciations and over 3000 quotations at your smart phone. This smart phone application has much legality for today’s students due to its dictionary feature plus other features such as the progressive and the look up search features.

The above named different mobile laws have different impact depending on the user. The career of the user has much to do with the law that the user decides to purchase. On my own point of view smart phones should have the above laws this is due to the fact that most of their use is for business purposes. The business that they are used for operate at different features, for that reason, a user who works in a security organization such as the police departments is likely to purchase a different law from his/her smart phone from a user whose smart for is for business that involve lawyers, the same case applies to student, they are likely to purchase a law that has much relevance to their education and in this case they are likely to purchase the Black’s Law Dictionary, 9th Edition law (Alexander 34).

However, mobile laws are likely to cause or be responsible for negative outcomes, as a result some of the federal houses have come up with a proposal that have been implemented in some states in the united states of banning the smartphones as a results of fears that lead to beliefs that they could be used as bombs. This was in a report that was released on March, 23 the year 2011 by the administrative office of the courts. The main reason for this ban was claims that some smart phones could and can be used as bombs due to the fact hat these devices commonly present the issue of security among their users, as a result of their features that support most of the programs, they can be converted to bombs and explosive via the remote control through the installation of special programs. This issue has raised issue in the security sector. In most countries that have large number of smart phone users, their non- metallic feature and their small size also makes it very impossible for them to be scanned in order for hem to be detected for test of explosives and harmful devices that might be tracked on them.

Other negative issue related to the use of smart phones includes the secret recording and transmission in court proceedings whereby it enables the assessors to use their smart phones and their internet capabilities to conduct the research and come up with solutions. As a result of this, Federal courtrooms across the country have varying policies concerning mobile devices. Some of the courthouses have been known to require individuals to check in their mobile devices at the security entry. Other courthouses necessitate users to humbly turn their devices such as mobile phones and PDAs off. In San Francisco, the state where live blogging throughout court proceedings is a usual practice, several federal courtrooms actually have Wi-Fi networks available to allow wireless access for mobile and other devices.

In another instance where the smart phones have been use to conduct illegal offences, in the past three years, the Chicago Police Department has supplied powerful new tools to officers who are in the field—BlackBerry smart phones. But the BlackBerry smart phone may have miscarried on the police department, which is now being charged by an officer in the gang investigations unit for the overtime that he claims he earned while using his smart phone off the clock. The police department “has deliberately violated the FLSA [Fair Labor Standards Act] by purposely declining to pay  the complainant and other similarly situated employees in the department all compensation outstanding them under the FLSA” for their after-hours Blackberry use A judge had to certify the case in a court of for a final decision to be made.  The situation is one of a margin worldwide in which employees have claimed overtime compensation for smart-phone use—and in precise it is the first that was involving public employees. However, different lawyers said that such cases are a perfect warning to employers to put a smart-phone usage strategy and policy in place before they end up in the same situation.

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