Commerce Members Seek Location Data Hearings; Warner Wants Carrier Information

Expect Senate and House Commerce Committee hearings on wireless carrier location tracking practices that stirred national security concerns, lawmakers told us. Senate Intelligence Committee ranking member Mark Warner, D-Va., wants briefings from carriers on recent reports companies sold customer location tracking data allegedly accessed by bounty hunters (see 1901110042). “I want to hear personally not only from folks on the communications side but also continue hearing if there are any national security implications,” Warner told us.

Sprint is "in contact with congressional offices, and we will respond to and coordinate with them," a spokesperson emailed. The other major carriers didn't comment Tuesday.

Expect a House Commerce hearing on location tracking, ranking member Greg Walden, R-Ore., told us. He cited a request for an FCC briefing (see 1901110042) from Chairman Frank Pallone, D-N.J. Walden and key Commerce Republicans recently wrote the four major wireless carriers and data aggregators, requesting information on data sharing (see 1901160044). The agency denied Pallone’s request, citing limitations from the partial government shutdown. The FCC didn’t comment now.

FCC Chairman Ajit Pai is “simply not doing his job” by not briefing the House Commerce Committee, Wyden told reporters last week. “Of course,” the agency can address the situation during a shutdown, he said, citing the FCC’s claim it’s “still there for essential services.” Wyden called location tracking a potential national security and personal safety “nightmare.”

It’s “fair” the FCC was unable to fulfill Pallone’s request, Walden said, given furloughs and that the committee isn’t organized yet. “They’re not able to do a lot of the basics the commission should be doing, let alone brief Congress,” Walden told us. “You’ve got to have your staff and professionals involved so you get the right information to the chairman … I know they’re investigating it as well, but they’re a little understaffed at the moment.”

Location tracking raises questions about privacy and handling of data, Walden said, saying to expect Congress to “move forward on privacy legislation.” He has concerns about bad actors accessing location data for a relatively cheap price (see 1901090066). Tech and telecom companies need to fulfill promises of protecting consumer data, Walden said. The EU’s general data protection regulation and state privacy laws emerging in the U.S. create a “good pressure point for Congress to act.”

France’s Commission Nationale de l'Informatique et des Libertes fined Google about $57 million Monday for alleged GDPR violations. Google failed to properly disclose targeted ad-related data collection practices for Search, Google Maps and YouTube, CNIL alleged, citing complaints from two associations, None of Your Business and La Quadrature du Net. “People expect high standards of transparency and control from us,” a Google spokesperson emailed. “We’re deeply committed to meeting those expectations and the consent requirements of the GDPR. We’re studying the decision to determine our next steps.”

Expect legislation to be introduced “shortly” based on Warner’s white paper that circulated last year (see 1808200034), he said. Warner is exploring mandates for disclosing data collection practices and the value of data. Sens. Amy Klobuchar, D-Minn., and John Kennedy, R-La., last week reintroduced their privacy bill from 2018, the Social Media Privacy and Consumer Rights Act (see 1804240046).

Democrats need to meet with Republicans to discuss what the GOP is “willing to do” on privacy, Pallone told us. Asked about bipartisan discussions, Walden said, “We’re just getting organized” this term. Walden cited interest in privacy legislation from Senate Commerce Committee Chairman Roger Wicker, R-Miss., and his bipartisan working group (see 1812200044).

Senate Commerce Committee members asked Wicker for a hearing on location tracking, ranking member Maria Cantwell, D-Wash., told us. “It’s an ever-expanding area” requiring “vigilance” from both lawmakers and regulators, she said.

The FCC is falling short in addressing location tracking, Sen. Brian Schatz, D-Hawaii, told us. “This is something we’re taking very seriously, and it also demonstrates that we need a federal privacy law, where people have a duty of loyalty in terms of the data they collect.” The issue is sure to come up when the FCC appears before the committee for oversight this year, he said: “Part of the problem is jurisdiction over privacy is somewhat blended between the FTC and the FCC, and there are very few clear statutory authorities.”