A growing number of House and Senate members are supporting the Fourth Amendment Is Not for Sale Act, which would require law enforcement and intelligence agencies to obtain a probable cause warrant before accessing Americans’ personal information purchased from a private-sector data broker.
But what about non-state actors buying our information?
A recent lawsuit brought against private-data broker Kochava by the Federal Trade Commission reveals the horrific exposure of Americans’ most personal data to unseen – and possibly unknown – private actors.
Kochava claims to have “rich geo data spanning billions of devices globally,” with location data feed that “delivers raw latitude/longitude data with volumes around 94B-plus billion geo transactions per month, 125 million monthly active users, and 35 million daily active users, on average observing more than 90 daily transactions per device.”
In its filing on Aug. 29, the FTC writes that a purchaser would only need to provide Kochava a personal email address and describe the intended use as “business” to gain access to your data from Kochava.
“The location data provided by Kochava is not anonymized,” the FTC filing asserts. “It is possible to use the geolocation data, combined with the mobile devices MAID (Mobile Advertising ID), to identify the mobile device’s user or owner.”
The FTC claims:
“Precise geolocation data associated with MAIDs, such as the data sold by Kochava, may be used to track consumers to sensitive locations, including places of religious worship, places that may be used to infer an LGBTQ+ identification, domestic abuse shelters, medical facilities, and welfare and homeless shelters.” It can identify women who visit reproductive clinics and people who attend services at Jewish, Christian, Islamic and other religious denominations’ places of worship.
Kochava, the FTC claims, does not employ a blacklist that removes or obfuscates data-set location signals from these sensitive locations.
The facts presented by the FTC, as alarming as they are, should not get mixed up in the separate debate on the Hill over restricting the government’s ability to purchase our private data. The many federal agencies that buy our data are not just violating our privacy. They are eviscerating the plain meaning of the Constitution’s Fourth Amendment, which requires government to get a warrant from a court to access our personal information.
The solution to private-sector access to personal information is a deep and complex debate taking place within multiple Congressional committees and stakeholders from business and consumer groups. Passing the Fourth Amendment Is Not for Sale Act in this Congress, which would close off the government’s warrantless access to Americans’ personal information, would be a strong predicate for that next step in the privacy debate.