This is an update to the article I wrote on the 26th of November Malls Maybe Tracking Your Cellphone. A brief background, two malls in the United States, the Promenade Temecula in Southern California and the Short Pump Town Center in Richmond, Va, where planning to test Footpath by Path Intelligence, a technology which allows malls to track the path of their costumers. One of the concerns that I and others brought up was the issue of privacy. The fact that in order to opt out of the tracking you had to turn off your cellphone, which isn’t realistic in today’s world. This issue was also brought up in a letter by Senator Charles Schumer of New York. In a press conference and also in a letter to the mall and the FTC, Senator Schumer stated “A shopper’s personal cell phone should not be used by a third party as a tracking device by retailers,” Schumer said in a press conference on Sunday. “Personal cell phones are just that—personal. If retailers want to tap into your phone to see what your shopping patterns are, they can ask you for your permission to do so.” He especially had an issue with the idea that a consumer had to opt out of the tracking by turning their cellphone off. He stated this should be something consumers opt into and not opt out. Forest City which owns both the malls has not abandoned the plan entirely, but is trying to find a way to make it opt in. Path Intelligence the maker of Footpath, insist that this method of tracking is no different than cookies on the Internet. This maybe true, but I can manage online cookies, while this is an opt in or opt out period. I don’t expect this technology to go away, but it does need to be updated to be opt in.