Responding to the CarrierIQ scandal, Edward Markey (D-Mass.) has released a draft (pdf) of a new cellphone privacy bill. The Mobile Device Privacy Act would give the FTC the authority to regulate monitoring software, give consumers the clear information about the use of such software, and require that third party vendors have clear standards when it comes to the storage of the information collected. According to a statement posted to Markey's website, Markey's primary focus of the bill is on disclosure and consent.

"Consumers have the right to know and to say 'no' to the presence of software on their mobile devices that can collect and transmit their personal and sensitive information," Markey said.

The problem, as we've noted more than a few times, is that with the collective lobbying power and wealth of the telecom, content, and advertising industries against privacy regulations, the chance of getting any bill with teeth actually passed (particularly if it requires opt in) is virtually non-existent.

Carriers traditionally argue they can self-regulate on this front, arguing that public shame will keep them honest. However, the effectiveness of this approach is made somewhat clear by the fact nobody knew CarrierIQ even existed on devices early last year, much less that any user data was being collected.