Think wireless technology can only improve your bottom line? Think again.

Recently there have been a couple of high-profile cases that involve a business's integration with wireless. These cases not only bring up some interesting issues, but they may well determine how you do business in the future. While both of these cases have been resolved, the issues they bring up are a long way from being resolved.

The first case was one where a rental car company (Acme Rent-a-Car) used the rental vehicle's on-board GPS technology to track renter's driving habits. Acme claims that the vehicle's GPS system indicated that the driver of one particular vehicle exceeded the posted speed limit by a "dangerous number of MPH for a significant amount of time" and added a "dangerous driving" charge, ($450). The second case involved the death of an 18 year old girl by a Virginia lawyer who struck and killed the girl while talking on her cell phone.

In the case of Acme, there are several discussable issues, but the major issue I see is that they circumvented the "due process of law." Not only did they enforce the law, they determined guilt and imposed a sentence, based solely information gathered by a wireless technology and its application. Their argument was that they have liability when the driver exceeded the speed limit, and therefore had the right to impose the fine (fyi, there is a clause written into the fine print of Acme's rental contract that says the renter agrees to this policy when they rent the car). Eventually, under pressure from the press, the state's attorney general and other organizations, Acme relinquished and agreed to stop the practice.

But, aside from the issue of judge, jury and executioner, Acme has pounded another nail in the privacy coffin. And this is only the tip of the iceberg. In the near future, I'll start addressing some of these security and privacy issues.

The second case involves the attorney who was using her cellular phone when she hit and killed the pedestrian. Supposedly she was talking to a client when the incident occurred. While the main issue may be the distraction of the driver while using a mobile phone, there is an underlying issue of employer liability…read on.

In the case of Jane Wagner, she was fired from her job and disbarred. She pleaded guilty to failing to stop after an accident and received a sentence of five years, with all but one suspended. However, her (and her employers) troubles are far from over. The victims have begun a civil case charging Wagner with wrongful death and have included the firm Wagner worked for when the accident occurred in the suit.

This case has added a lot of fuel to the fires that support placing some restrictions on driving while dialing. Virtually every state is taking a look at the distraction issue. Some have already enacted legislation that restricts, to some degree, mobile phoning while driving. But this too is only the tip of the ice berg. As more and more litigation starts to address liability issues of driving and dialing, businesses will have to address it as well. And you can bet this issue will become even more convoluted when advanced platform wireless services (read wireless Internet) come one line. As a business, this should be a wakeup call.

On the other side of the coin, this is the 21st century and there is tremendous pressure for businesses and workers to take advantage of the pervasiveness of computer and wireless technology. As the technology ramps up, working with tetherless wireless devices is becoming more and more tempting, especially since most of us are, today, required to do more, with less manpower and resources. The pressure is on to be maximally efficient. This virtually translates into working from the driver's seat. While there is little argument of the benefits of both, however, in doing so they initially may, or may not be aware of the implications that come along with this new business model. I remember being eternally grateful for my wireless phone (and a strong bladder) while stuck for hours in northern or southern California traffic sig alerts. And, the big picture here is that pervasiveness of wireless and computer technologies have given businesses the ability to implement such programs and given employees the ability to virtually conduct business 24/7.

And on the same side to this coin, as PDAs, laptops and soon dashboard and heads-up displays provide more and more complex applications to go mobile, both temptation and capability make for a persuasive argument. Therefore, the issue of liability should be utmost in most companies' agenda. So as either a user of wireless technology or business implementing it, you will have to face these, and other new issues, many of which could have potential legal ramifications.

These and other innumerable lesser publicized issues are forcing businesses to get a reality check on how and what wireless devices can be used for. As PDA's cell phones and other wireless devices come on line with a stronger, better and more reliable platform, businesses, employees and even consumers will have to realize that this is more than just a convenience - it's a responsibility.

So, in light of the above it might not be a bad time for the business community to take a hard look at just how they want to use wireless technology. As with the Acme case, there has never been a better time to read the fine print If your company is equipped with mobile phones (and who's isn't) developing a policy on when and what for they can be used might not be a bad idea. If you're on the user end, common sense has always been the mantra but you might want to be a bit more aware that being overzealous about you job can actually be bad for your economic (and physical) well being.

- Ernest Worthman

Who is Ernest?

Ernest is a techogeek from way back. While other kids were playing baseball, hide and seek, and enjoying the heck out of frogs and toads, Ernest was rummaging through trashcans looking for old thrown out radios and appliances to take apart.

From that beginning, Ernest's first business venture was owning an electronics service company that became the first Epson authorized service center in Colorado, to being the principle of Worthman & Associates, a computer consulting firm. He is also the technology editor for RF Design and Mobile Radio Technology. He has been published in a wide range of technical and business publications including Communications, Cellular Marketing, Global Communications, Cellular Business, Satellite Communications, Earth Observation Magazine, Memory Card, and Broadband.isp, Wearables business, as well as several computer magazines, and even Cats magazine.

His credentials include a B.S., Electronic Engineering Technology, an A.A.S. in Electronic Digital Technology. He is a Certified Instructor for the State of Colorado - Post secondary/Adult, public and private, an IBM certified OS/2 trainer, a Lotus Corporation Developer/Consultant. He is a Fellow in the Radio Club of America a Senior Member of the IEEE, a member of the IBM Software Developers Assistance Program for OS/2 and a Member of IBM's Independent Vendor League for OS/2 He has also served as a member of Microsoft's Certification Exam Development Team.