Comcast, which like Charter runs its wireless phone and broadband service through an MVNO with Verizon, told the FCC this week that, also like Charter, it does not share its users' geolocation data with third parties, including advertisers.

Comcast told the FCC that protecting customer's privacy is fundamental to its business, which is why it launched the Xfinity Privacy Center in 2019, which included a pledge not to sell location data.

Comcast said it neither sells nor shares any consumer geolocation data with third parties for their own purposes. As with other carriers, it shares info with law enforcement under some circumstances, and it also share it with service providers that process data for Comcast as part of Comcast's provision of service. Those providers must treat the information a confidential and safeguard the data with multi-factor identification.

Also: Charter Says Third Parties Don't Get Third-Party Geolocation Info

FCC chair Jessica Rosenworcel reached out to carriers last month asking for an update on how they treated geolocation data they collect.

In letters to more than a dozen top carriers last month, Rosenworcel noted that the nation’s largest carriers had pledged back in 2020 to end the sale of real-time location data to aggregation services, after the FCC fined them more than $200 million for not taking appropriate steps to protect that data. But a subsequent (2021) Federal Trade Commission report found that ISPs continued to collect more data than was necessary “to provide services” and more than consumers expected them to, she noted.

In 2020, geolocation information had reportedly made its way to bounty hunters and others. The fined ISPs’ subscribers were unable to opt out of the collection of that data because it is used to provide the underlying service. Rosenworcel had pressed the FCC, then headed by Republican Ajit Pai, to investigate the matter, and had pushed carriers on whether they had ended the practice as promised.

Rosenworcel said that given that finding, she wanted the ISPs to get back to her on their specific data retention and third-party sharing policies for geolocation information.

Also: GOP Seeks Carrier Info on Location Data

The White House added its imprimatur to the probe, saying at the time the letters were sent out: "[T]he FCC Chairwoman [has written] to the top 15 mobile providers requesting information about their data retention and data privacy policies and general practices, consistent with the President’s commitment to protecting Americans’ privacy."

It repeated that promotional push this week, forwarding the FCC press release about releasing the carrier response letters. In that release, Rosenworcel signaled those responses would help the Enforcement Bureau with its "new investigation into mobile carriers’ compliance with FCC rules that require carriers to fully disclose to consumers how they are using and sharing geolocation data." ■

Charter's Spectrum Mobile service only uses geolocation information to optimize its service and does not sell to or share it with third parties, including advertisers, the company has told the FCC.

That was in a letter in response to a probe launched by FCC chair Jessica Rosenworcel of the top mobile broadband providers, including Charter, about their data collection practices.

Also: GOP Seeks Carrier Info on Location Data

Charter told Rosenworcel that the company "(1) Provides customers with detailed information about our privacy practices, including how we collect, use, and protect geolocation data; (2) Explicitly requests permission to collect customer geolocation information, and allows customers to opt out or change their location sharing preferences at any time; (3) Restricts the collection of geolocation information, when enabled, to what is necessary to provide and optimize service; and (4) Does not share or sell customer geolocation information with third parties for any purpose, including advertising."

Spectrum Mobile is a mobile network virtual operator (MVNO) that Charter runs in partnership with wireless carrier Verizon.

What location information it does collect it uses to "to analyze data utilization and traffic patterns, troubleshoot service issues and manage and optimize our network performance," and only retains it as long as it is needed for those purposes.

In letters to more than a dozen top carriers last month, Rosenworcel noted that the nation’s largest carriers had pledged back in 2020 to end the sale of real-time location data to aggregation services, after the FCC fined them more than $200 million for not taking appropriate steps to protect that data. But a subsequent (2021) Federal Trade Commission report found that ISPs continued to collect more data than was necessary “to provide services” and more than consumers expected them to, she noted.

In 2020, geolocation information had reportedly made its way to bounty hunters and others. The fined ISPs’ subscribers were unable to opt out of the collection of that data because it is used to provide the underlying service. Rosenworcel had pressed the FCC, then headed by Republican Ajit Pai, to investigate the matter, and had pushed carriers on whether they had ended the practice as promised.
 
Rosenworcel said that given that finding, she wanted the ISPs to get back to her on their specific data retention and third-party sharing policies for geolocation information.

The White House added its imprimatur to the probe, saying at the time the letters were sent out: "[T]he FCC Chairwoman [has written] to the top 15 mobile providers requesting information about their data retention and data privacy policies and general practices, consistent with the President’s commitment to protecting Americans’ privacy."

It repeated that promotional push this week, forwarding the FCC press release about releasing the carrier response letters. In that release, Rosenworcel signaled those responses would help the Enforcement Bureau with its "new investigation into mobile carriers’ compliance with FCC rules that require carriers to fully disclose to consumers how they are using and sharing geolocation data." ■

Federal Communications Commission chair Jessica Rosenworcel has launched a probe of the top mobile broadband providers, including Comcast and Charter Communications, about their data collection practices.

In letters to more than a dozen top carriers, Rosenworcel noted that the nation’s largest carriers had pledged back in 2020 to end the sale of real-time location data to aggregation services, after the FCC fined them more than $200 million for not taking appropriate steps to protect that data. But a subsequent (2021) Federal Trade Commission report found that ISPs continued to collect more data than was necessary “to provide services” and more than consumers expected them to, she noted.

In 2020, geolocation information had reportedly made its way to bounty hunters and others. The fined ISPs’ subscribers were unable to opt out of the collection of that data because it is used to provide the underlying service. Rosenworcel had pressed the FCC, then headed by Republican Ajit Pai, to investigate the matter, and had pushed carriers on whether they had ended the practice as promised.
 
Rosenworcel said that given that finding, she wanted the ISPs to get back to her on their specific data retention and third-party sharing policies for geolocation information.

Among the data she wants access to are: 1) the reason geolocation data is retained; 2) how long it is retained; 3) how that data is safeguarded; 4) data deletion policies; 5) if subs can opt out of data retention policies and, if not, why not; 6) policies for sharing data with law enforcement; 7) and whether subs are notified when their geolocation data is shared.

She wants responses by Aug. 3. 

Rosenworcel's letters drew the attention of the White House, which issued the following press release Wednesday evening: "Today, the FCC Chairwoman wrote to the top 15 mobile providers requesting information about their data retention and data privacy policies and general practices, consistent with the President’s commitment to protecting Americans’ privacy." ■

More Democrats weighed in Thursday (March 19) to raise caution flags over the Trump Administration's discussions with tech companies about using smart phone location data to help combat the coronavirus by tracking its movement. 

Phone companies have to collect location data to provide the underlying service, so users don't have the option of blocking that collection. 

Related: Sen. Markey Concerned About Coronavirus Geolocation Tracking 

While Sen. Ed Markey (D-Mass.) wrote to U.S. CTO Michael Kratsios to register his concerns about the data collection, Reps. Suzan DelBene (Wash.) and Anna Eshoo (Calif.), joined by Sen. Ron Wyden (Ore.), aimed higher.  

In a letter to President Donald Trump and Vice President Mike Pence, the legislators said they supported bold moves to stem the crisis, but that "prohibiting government intrusion into the private lives of Americans is, and has always been part of the DNA of our country." 

The trio called on the White House to protect personal location and health data by adopting various privacy principles, including 1) data minimization and anonymization, 2) preventing the data from any other uses--behavioral targeting, for example, or by law enforcement or immigration agencies--and 3) destroying data after the pandemic is over.

Sen. Ed Markey (D-Mass.) said he is concerned about reports that the White House Office of Science & Technology is considering partnering with Google, Facebook, IBM and others to analyze geolocation technology to stop the spread of the coronavirus. 

In a letter to chief technology officer Michael Kratsios, Markey cited a Washington Post story that the White House is talking with tech companies about tapping into smart phone geolocation to track the virus. 

Related: White House Calls for AI Mining of New COVID-19 Database

Markey said he agrees that there needs to be tech innovation and collaboration with the private sector to combat the virus. But he said he is concerned about a "wholesale privacy invasion." 

He urged them to balance privacy with any data-driven solutions to the current pandemic. 

He conceded the Post story said that the Administration was not looking to create a database of people's whereabouts, but is instead “looking to leverage aggregated, anonymized data to glean key insights for COVID-19 modeling efforts.” 

But Markey said that is not sufficient to protect against privacy violations. 

Markey wanted answers to the following questions by March 26: 

1. "Please identify any companies with which the Administration is collaborating to use location data for fighting COVID-19 and describe the nature of these collaborations in detail. 
2. "Please describe the location data to be used in any projects that the Administration is considering, including the granularity of data, how it was initially collected, how it is being anonymized and aggregated, and how the Administration is ensuring that it cannot later be de-anonymized.
3. "Please detail the evidence-based rationale for these collaborations and the specific objectives they aim to achieve.
4. "How will any data be collected and stored, and what data security safeguards will be in place to protect this data from malicious attacks or inappropriate access?
5. "Who will have access to location data collected for fighting COVID-19? Will you restrict use of this data solely to purposes of fighting COVID-19? If not, why not? 
6. "Will you ensure that the government stops collecting location data and disposes of any collected data once the COVID-19 health crisis has been resolved? If so, please describe your plans for this data disposal in detail. If not, why not?" 

The House has passed an FCC funding bill that will almost certainly need major tweaking if Republicans controlling the Senate are expected to approve it since it blocks the FCC's proposed Universal Service Fund changes, one of FCC Chairman Ajit Pai's priorities, and a just-approved item on inside wiring. 

Actually it is an omnibus appropriations bill, the Financial Services and General Government Appropriations Act, that covers everything from the Post Office and Treasury itself to the Federal Election Commission, as well as the FCC and Federal Trade Commission.

Among the amendments to the bill added by Democrats are one that would block reform, including a possible cap, on Universal Service Fund broadband subsidies. Then there is the cryptic: "None of the funds appropriated or other wise made available by this Act may be used by the Federal Communications Commission to finalize, implement, administer, or enforce the draft Declaratory Ruling in Federal Communications Commission document FCCCIRC 1907–04, released on June 19, 2019, or any ruling in MB Docket No. 17–91." 

Translation: The bill would block the FCC's plans to pre-empt a San Francisco ordinance on mandatory sharing of in-home broadband wiring that it says undermines the “quality” of broadband service, as well as the critical eye the FCC has just officially cast on the impact on broadband competition and deployment of "revenue sharing agreements between building owners and broadband providers, exclusivity agreements regarding rooftop facilities, and exclusive wiring arrangements."

That item was just approved June 19.

A third amendment would "compel" the FCC to provide Congress with an update into the results of its investigation into the sale by wireless carriers of geolocation data to third party aggregators, including a bounty hunter. All the carriers have said the practice has ended and FCC Chairman Ajit Pai, when asked about it at a Hill oversight hearing, said he does not discuss ongoing investigations, a standard government agency practice, though he said the FCC was not dragging its feet. 

"[K]udos to Representative Lori Trahan (the California Democrat who authored the amendment) for her efforts to put pressure on the FCC to make public just what is going on,” said FCC Commissioner Jessica Rosenworcel, who at the same Hill oversight hearing called on the FCC to complete the investigation and hold the carriers to account. She independently reached out to the carriers to make sure they had ended the practice.

Funding bills start out in the House, so the Senate has yet to take a crack at it. 

The Open Technology Institute is just fine with the Amendments.

“We applaud Congress for stepping up to protect the American people in areas where the current FCC leadership has failed," said OTI senior counsel Joshua Stager. "From public safety to consumer rights, the FCC has been asleep at the wheel."

While Democrats were slamming carriers for sharing their geolocation data with third parties, including "bounty hunters" and "stalkers," ranking Republican House Energy & Commerce Committee Chairman Greg Walden (R-Ore.) turned the issue to another knock on edge providers.

That was in a Communications Subcommittee FCC oversight hearing Wednesday, May 15. FCC Chairman Ajit Pai has long said the FCC was investigating the issue, but would not talk about it when pressed by Democrats, pointing out that he does not talk about ongoing investigations.

Related: Pai Tells Hill That FCC Is Not Delaying Geolocation Data

A frustrated Rep. Mike Doyle channeled the late Rep. John Dingell peppering Pai with questions seeking yes or no answers--had carriers stopped sharing location data; whether he had tolled the one-year statute of limitations since it have been over a year. Pai gave neither (though he did say he was "mindful of the relevant statute of limitations"); whether law enforcement agents or members of Congress had had their locations tracked Doyle said that was wholly insufficient and suggested the chairman was "sitting on his hands.

Rep. Anna Eshoo was equally unhappy, pressing Pai on complaints from Democratic commissioners that they could not get info about the status of the investigation either.

Pai did point out that he had offered to let Democrat Geoffrey Starkes oversee the Enforcement Bureau investigation--Starkes said he had turned it down when he was unsatisfied with a briefing he had gotten on the investigation.

But when Walden took the floor, he moved the issue from carriers to content providers pointing out in the process that some geolocation data was consumer-friendly and even life-saving, like emergency roadside assistance.

He he shared his Democratic colleagues concern about unauthorized use of consumers' geolocation data. But in a series of questions to a clearly friendly witness (Pai), Walden expanded his concerns. He pointed out that aggregators had been selling data for unauthorized purposes without permission from the carrier or consumer.

He said he understood the FCC's Enforcement Bureau was taking a "deeper dive" into the issue, but that many carriers had already cut off the programs, so they were turning to "the location data collected by tech company's operating systems and apps that were constantly tracking users." He said in many cases that data was even more "pervasive and precise."

He said his concern was that the market for location data was shifting to that relatively unregulated edge.

He asked Pai if the FCC could regulate those aggregators. Pai said no, saying that would typically fall to the Federal Trade Commission. Walden asked if the FCC could look into sharing geolocation data by operating systems and apps. Pai said no, "we don't have jurisdiction over some of the tech giants that have collected that information."

As the former chairman of the Communications Subcommittee and thus a veteran of proceedings where former FCC Chairman Tom Wheeler emphasized that the commission lacked authority over edge practices, Walden was likely confident of those answers. 

The bipartisan leadership of the House Energy & Commerce Committee want some answers from Google CEO Sundar Pichai on reports that the company maintains a database of location information on hundreds of millions of people.

Related: Buttigieg Says Big Tech May Need Breaking Up

They have written Pichai asking for a briefing on the so-called "Sensorvault."

Signing on to the letter are Rep. Frank Pallone (D-N.J.), chairman of the committee; Rep. Greg Walden (R-Ore.), ranking member; Rep. Jan Schakowsky (D-Ill.), chair of the Consumer Protection Subcommittee; and Cathy McMorris Rogers (R-Wash.), ranking member of the subcommittee.

They didn't hammer Google over the database. Instead, they pointed to the potential ramifications for privacy of such a database, particularly if it is shared with third parties and, as the New York Times reported, the data is collected even when people are not making calls or surfing the web, and is never deleted.

According to the New York Times, Google has information on almost everyone with an Android device, some of it back a decade.

They want answers to the following questions by May 7.

1. "What information does Google store in the Sensorvault database and for what purposes does Google use this information?
2. "Does Google maintain other databases of precise location information?
3. "Who is able to access the information in the Sensorvault database?
4. "How accurate is the precise location information stored in the Sensorvault database?
5. "What controls, if any, does Google provide to consumers to limit or revoke Google’s access to the information stored in the Sensorvault database?
6. "What is Google’s retention policy with respect to precise location information stored in the Sensorvault database? Does Google share, sell, license or otherwise disclose precise location information (including deidentified data) from the 6. "Sensorvault database with any third parties other than law enforcement?
7. "Does Google share, sell, license, or otherwise disclose precise location information (including deidentified data) from the Sensorvault database with any third parties other than law enforcement?"