In Massachusetts, lawmakers are considering a bill that could make it the first state in the United States to ban the sale of data on the location of mobile phones. The proposed legislation, known as the “Protection of Location” project, was introduced to the state legislative assembly last month by Senator Cindy Crim, a Democrat.
The aim of the bill is to restrict the collection and sale of geolocation data, which is currently obtained from mobile applications and other digital services. While this data does not include personal information such as names or phone numbers, it can still be used to identify individuals. In most cases, the law would prevent law enforcement agencies from accessing device location data without a warrant.
The project has gained support from the majority Democratic Coalition in both chambers of the Massachusetts Legislative Assembly and could potentially be passed during the current session, which ends next year.
However, the tech industry has raised objections to the proposed legislation. Trade associations have argued that Massachusetts should adopt a milder law on privacy, drawing on the example of Connecticut. According to Andrew Kingman, a lawyer for the coalition, Connecticut requires digital services and data brokers to obtain explicit consent from consumers before collecting information and imposes certain restrictions on its transfer and sale. Kingman also emphasized that the industry always provides consumers with the option to refuse the sale of their data.
Despite opposition from the tech industry, supporters of the “Protection of Location” law, including the American Civil Liberties Union (ACLU), argue that it is necessary to safeguard digital data. Experts are also concerned about the potential misuse of this information and its implications for national security.
Last year, media reports revealed that the U.S. Department of Homeland Security had purchased location data on millions of devices near the state border for surveillance purposes. The Electronic Frontier Foundation, an organization focused on protecting privacy and civil liberties, raised concerns about the frequent access to geolocation data by law enforcement and local authorities. One data provider even claimed to have access to 250 million devices in the United States.
In addition, it has been reported that U.S. police forces are secretly using the FOC G Reveal technology to process, filter, and store user location information without obtaining a warrant or notifying users about the data access.