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Will the FCC Keep Ignoring Carriers That Sell Your GPS Data?

March 13, 2019 Consumer Privacy , Data Protection , E911 , FCC , Privacy

Over the last three months, Motherboard’s Joseph Cox has produced an excellent series of articles on how the major mobile carriers have sold sensitive geolocation data to bounty hunters and others, including highly precise information designed for use with “Enhanced 911” (E911). As we pointed out last month when this news came to light, turning over this E911 data (called assisted GPS or A-GPS), exposing E911 data to third parties — whether by accident or intentionally, or using it in any way except for 911 or other purposes required by law violates the rules the Federal Communications Commission adopted in 2015 to protect E911 data.

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Ideas for Further Analysis Based on Senator Warren’s Platform Regulation Proposal

March 11, 2019 Charlotte Slaiman , DOJ , FCC , FTC , Platform Competition , Platform Regulation

On Friday, I was heartened to see Senator Elizabeth Warren enter the digital platform competition debate in a big way. Her proposal has already generated a ton of great conversation about how digital platforms ought to be regulated. The agenda-setting role of presidential candidates is significant, and I’m so glad this important topic is on the agenda now. The proposal includes more wonky detail than many campaign proposals, though of course, it is not fully drafted legislation. I want to take this opportunity to discuss the proposal in depth and think about how policymakers can move forward from here. Congress should start now on providing the additional analysis that is generally needed before any specific action is taken.

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The FCC Can — and Should — Update Its Rules to Combat Rising Cross-Ownership

February 25, 2019 Competition , FCC , Litigation , Media Ownership , Mergers

The Federal Communications Commission is required by law to review its media ownership rules every four years to determine whether they remain “necessary in the public interest.” If they do not, the FCC is to “repeal or modify” the regulations. Contrary to the apparent belief of the FCC, the Quadrennial Review is not simply about eliminating or relaxing rules. Rather, the purpose of the review is to serve the public interest. Therefore, when the FCC decides whether to keep, repeal, or modify current rules, some rules may need to be enhanced.

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Telecom Giants Broke the Law By Selling Detailed Location Data. Will They Face Consequences?

February 8, 2019 Consumer Privacy , Data Protection , E911 , FCC , Privacy

More details have emerged from the Motherboard investigation into carriers selling their customers’ real-time location data, including assisted GPS (“A-GPS”) data intended only for emergency services. The reports are shocking and illustrate both a brazen disregard for consumer privacy on the part of the companies involved and the disturbing, unregulated behavior of the data brokerage industry. The Federal Communications Commission, led by Chairman Ajit Pai, needs to act immediately to enforce what appears to be a clear violation of the FCC’s rules against the selling of A-GPS data with third parties. In addition, Congress must pass comprehensive privacy legislation that forces the data broker industry out of the shadows and stops the persistent misuse of data at the expense of consumer privacy.

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Advocates Showed Friday Why Court Must Restore Net Neutrality

February 4, 2019 FCC , Litigation , Net Neutrality , Title II

On Friday, Petitioners (including Public Knowledge) finally got to make their case in court that the Federal Communications Commission’s reckless abdication of responsibility over broadband was also illegal. For about five hours, in the ceremonial courtroom of the E. Barrett Prettyman United States Courthouse, in front of D.C. Circuit Judges Millett, Williams, and Wilkins, attorneys for Petitioners, for the FCC, and for intervenors on both sides got a grilling in a court that has become a regular forum for disputes over the status of broadband and the lawfulness of net neutrality rules.

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