Given the Supreme Court’s narrow 2012 ruling in United States v. Jones, there are certain to be future legal challenges that come before the courts. The 4th Amendment applies to the Federal government only. However, there still is debate regarding the lawfulness of tracking devices and state legislatures are being encouraged to pass statutes protecting citizens against the use of such devices by private entities.
Disney seems to believe in NextGen so much that they are willing to risk being on the cutting edge of this issue. Remember, NextGen will track you 24/7. It’s capable of tracking you in your hotel room and capable of tracking you when you leave Disney property. As reported, it’s an active transmitting system associated with you personally.
Meanwhile, the competition is not idle. Both Universal and SeaWorld are building major expansions, the traditional way to grow theme park business. Furthermore, it will be in Universal’s and SeaWorld’s best interest to play up NextGen’s most worrisome aspects, to raise questions, to scare the public.
Even if Disney wins the legal challenges, they also face public relations battles, accusations that Disney has become Big Brother. The fact that Disney is aware of these legal and PR aspects and still is willing to invest $1.5B in NextGen should cause the consumer tremendous concern. In business, the greater the risk, the greater the anticipated return on investment. Disney is taking a huge risk with NextGen. Just imagine the return they are expecting. That means money coming out of your pocket for a theme park that offers essentially the same attractions it offered 10 years ago. How exactly is Disney going to make the billions necessary to justify NextGen’s financial, legal, and perception costs?
I would have considerably less objection to NextGen if it was a passive system or if Disney offered an equivalent “opt out” option. According the information recently provided, Disney intends to do neither.
To repeat myself, I object to being tracked like a convicted sex offender released on parole. I strongly suspect others will object as well.