The Massachusetts state legislature is currently reviewing a groundbreaking bill known as the Location Shield Act, which aims to ban the sale of users’ phone location data. If passed, this legislation would be the first of its kind in the United States. At the national level, Congress has been unable to make significant progress on comprehensive user privacy solutions, making the proposed Massachusetts law a notable development in the field.
Under the Location Shield Act, tech companies and data vendors would be prohibited from selling users’ phone location data to third parties. However, it is important to note that the bill would not prevent Massachusetts residents from using their phone’s location services for personal benefits, such as accessing navigation on Google Maps, ordering delivery from DoorDash, or hailing an Uber. The primary intention of the legislation is to curtail the practice of selling user location data without any clear benefit to consumers.
A recent report by The Wall Street Journal shed light on the proposed legislation, which has been the subject of discussions at the state house. The article provided detailed insights into the bill, giving readers a better understanding of its implications and potential impact. It also highlighted that the Location Shield Act would require law enforcement to obtain a warrant before accessing user location data from data brokers. This provision adds an additional layer of protection to users’ privacy rights.
One of the key supporters of the Location Shield Act is the American Civil Liberties Union (ACLU), along with several progressive and pro-choice groups. These organizations emphasize the urgency of blocking the dissemination of user location data, particularly in a post-Dobbs world where red states are increasingly criminalizing abortion. Concerns have been raised about the potential misuse of user data to track women crossing state lines for abortion procedures or accessing medication. Additionally, the bill’s backers also highlight national security and digital stalking implications as reasons for supporting the legislation.
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On the other hand, opposing the Location Shield Act is the State Privacy & Security Coalition, a trade association representing the tech industry. Andrew Kingman, a lawyer for the association, expressed concerns about the broad definition of the term “sale” used in the bill. Instead of an outright ban, the group suggests giving consumers the ability to opt-out of selling their location data, as other state laws have done. This alternative approach would potentially be more favorable for data brokers’ financial interests.
In addition to the ban on selling user location data, the Location Shield Act also includes a requirement for law enforcement to obtain a warrant before accessing such data. This provision aims to address the growing trend of law enforcement agencies purchasing location data commercially. Currently, purchasing data from private companies has served as a loophole, allowing law enforcement to bypass the Fourth Amendment’s requirement for a search warrant. By mandating a warrant, the proposed legislation aims to curtail this practice and uphold individuals’ privacy rights.
The Massachusetts legislative session runs through the next year, providing ample time for the bill’s supporters to advocate for its passage. MA Senate Majority Leader Cindy Creem (D), the bill’s sponsor, expressed optimism that the legislation will progress during this session. With the support of various advocacy groups and growing concern for user privacy, there is hope that the Location Shield Act will become law.
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