Rosenworcel Aide Calls FCC Silence on Geolocation Probe ‘Unacceptable’
It’s “unacceptable” the FCC hasn’t publicly shared information on the scope of its investigation into wireless carrier geolocation data collection and sharing practices (see 1903200053), said Umair Javed, aide to Commissioner Jessica Rosenworcel, at an FCBA event Thursday. Though the probe has taken the better part of a year, the public remains in the dark about how the agency is working to protect data, he said.
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“What is the scope of that investigation? Who are the targets? What are they finding?” Javed asked. “On this issue of safety and security, the fact that the FCC has been silent I think is unacceptable.” Consumers shouldn’t have to rely on media reports, Javed continued. The agency should particularly disclose key findings on law enforcement access to the data, he said.
Even with emerging technologies and methods for collecting data, legal protections remain intact for probable cause and warrants, said Assistant Attorney General Beth Williams, a member of DOJ’s Cyber-Digital Task Force.
FCC privacy authority was “significantly walked back” by this administration, Javed said. The agency needs to be aggressive in enforcing rules still on the book, he said, whether that’s from Communications Act Section 222 or other tools: “I’m not sure we’re doing that.”
The FCC has never done any accounting for policing location data for devices, said Electronic Privacy Information Center Senior Counsel Alan Butler. It might be time to change that, he argued, citing the agency’s expertise in network and communications devices. Butler noted it has been about a year since news of the Facebook-Cambridge Analytica privacy breach. He has a “hard time” giving the FTC credit for its privacy expertise because such a massive scandal remains unresolved.
There’s a consumer trust "crisis" right now, said Facebook Privacy Legislation Director Melinda Claybaugh on a separate panel. Citing the need for one federal privacy standard, Claybaugh said rules of the road might alleviate some pressure.
It’s not a necessity that federal legislation pre-empt state laws like the one in California, Javed said. The Health Insurance Portability and Accountability Act doesn’t pre-empt state law, for instance, he said. Establishing a federal privacy law as a ceiling is a nonstarter, Butler said, calling it “atrocious” to replace stronger state laws. Establishing a federal standard is necessary to build up consumer trust, Verizon Associate General Counsel-Privacy Yael Weinman said.