Will this protection extend to automobile companies ? Mobile Apps ? Mobile OSs ? I have lost track of the number of leakage points for location data into the tarball of databrokers.
Nope. The court is applying an old law that specifically applies to carriers providing "telecommunications services", no one else.
(Incidentally, even the term "telecommunications service" only encompasses voice call service, not mobile data or SMS. The FCC tried to reclassify Internet access as a telecommunications service during the Obama and Biden administrations, in order to get authority to impose net neutrality rules, but it was ultimately overturned in court.)
The courts have decided that Verizon selling location data without consent is illegal but I'd be willing to bet that the courts haven't decided that it should be unprofitable.
I'd be surprised if Verizon and the other companies haven't made more than enough by breaking the law back in 2018 to rake in a nice profit profit even after the fines they're trying to weasel out of paying now.
I have no doubt that they're still selling our data one way or another anyway. We know for a fact that they've never stopped selling data to to law enforcement, they just require a rubber stamped court order/subpoena to do it.
I like this part:
[denied because…] > Verizon had, and chose to forgo, the opportunity for a jury trial in federal court.
That was probably a sound legal strategy. Selling location data without consent is obviously unethical behavior that should be illegal. A jury is more likely to rule on the basis of that; with a judge maybe there's a chance that a technicality in the law leads to a ruling in their favor.
Anyway, this practice should be criminalized with companies and their employees receiving criminal penalties like jail time.
It won't because the US government relies on third parties to funnel data into its panopticon as a constitutional side step.
Replace employee with exec. An employee may need a job and can be coerced for reasons they don't control.
That same position legitimizes basically all police brutality.
It doesn't legitimize all police brutality, only whatever amount of it is necessary to keep your job.
And legitimising this is appropriate. The only other position -- requiring people to behave in a way that doesn't meet their basic needs for survival -- would be inappropriate. It is the responsibility of those in power to prevent society from degrading to a point where police are forced to be violent in order to keep their jobs.
I feel like a cop looking at this company’s behavior. “If you’re not guilty why are you acting guilty, Verizon?”
Assuming they'll lose this, they'll probably move to coercing the selling of your location data as "part of doing business with them." Sigh.
Retroactively assign all future data value to...the next president?
Carriers have been selling this stuff forever. The only surprise is that they were arrogant enough to argue it was outright legal rather than hiding behind “user consent” fine print.
The bigger issue is that every telecom treats location data as an asset class. If you think a court ruling will make them suddenly respect privacy, I’ve got a bridge to sell you. They’ll just bury consent deeper in the UX until it looks indistinguishable from compliance.
Thanks court.
How much did they make selling the data?
If it's greater than the fine, and they suffer no other consequences (e.g. nobody goes to jail) then the fine is just cost-of-business.
The fine must be greater than what they made, AND some executives or management needs to be held responsible - at least fired.
Otherwise it will just keep happening.
even with user consent, they should ban it period
Good.
Now apply it to Flock.
Great. Now jail the executives, pierce the veil, seize their assets.
Pretty soon you’re going to need insurance for your paycheck. When people are poorest that’s when corporate types turn the screws lmfao smh