First U.S. ban on sale of cellphone location data might be coming (wsj.com)

Article summary

Massachusetts lawmakers are considering a bill to ban the sale of location data drawn from consumers' mobile devices in the state. The proposed Location Shield Act would also require a warrant for law-enforcement access to location data. This would be a first-in-the-nation effort to regulate the billion-dollar industry of collecting and selling location data. The bill aims to sharply curtail the practice of collecting and selling location data in Massachusetts.

Main themes

• location data regulation
• interstate commerce clause
• state sovereignty
• privacy and consent
• federal regulation
• commerce and trade

What commenters say

• Some argue that consent has proven to be a flawed mechanism for protecting location data and that a ban is necessary.
• Others believe that a ban on the sale of location data in Massachusetts may not be effective due to the interstate commerce clause.
• It is suggested that a law with sufficient penalties could lead to a cottage industry of civil litigation, making it unprofitable for companies to sell location data in Massachusetts.
• There is disagreement over whether the federal government has the authority to regulate location data and whether states have sovereignty over commerce within their jurisdiction.
• Some think that the US Constitution's Interstate Commerce clause would prevent Massachusetts from enforcing the law against out-of-state companies.
• Others argue that states like Massachusetts can regulate commerce within their borders, even if it involves federal issues like wireless communication.
• The effectiveness of the proposed law is questioned, with some arguing that companies could still collect and sell location data from users who travel to Massachusetts.
• It is also argued that the federal government may challenge the law in court, potentially overturning it.