The Mercury News

FCC proposes close to $200 million in fines for phone companies that shared user data

- By Tali Arbel

NEW YORK — The Federal Communicat­ions Commission has proposed roughly $200 million in fines combined for the four major U.S. phone companies for improperly disclosing customers’ real-time location.

FCC Chairman Ajit Pai said during a news conference Friday that the fines amounted to $91 million for T-Mobile, $57 million for AT&T, $48 million for Verizon and $12 million for Sprint. More details would be released later Friday. The carriers can object to the proposed fines, which could change. The companies didn’t immediatel­y return calls for comment.

Location data makes it possible to identify the whereabout­s of nearly any phone in the U.S. The carriers had apparently allowed outside companies to pinpoint the location of wireless devices without their owners’ knowledge or consent, according to published reports.

After word of the fines leaked Thursday, U.S. Sen. Ron Wyden, D-Ore., who had investigat­ed the carriers, said the fines were “comically inadequate” and wouldn’t stop phone companies from abusing Americans’ privacy. He said that big companies “take reckless disregard for Americans’ personal informatio­n, knowing they can write off comparativ­ely tiny fines as the cost of doing business.”

In a release Friday, the

FCC said the fines were for the carriers “apparently selling access to their customers’ location informatio­n without taking reasonable measures to protect against unauthoriz­ed access to that informatio­n.” It also admonished the carriers for “apparently disclosing their customers’ location informatio­n, without their authorizat­ion, to a third party.”

Federal law requires that telecommun­ications carriers protect the confidenti­al

ity of some customer data, including location informatio­n. The FCC says that carriers must try to protect against unauthoriz­ed attempts to gain access to

this data and that they or those acting on their behalf must get consent from customers before using it.

One 2018 report showed a prison-communicat­ions company called Securus allowing such abuses as letting a sheriff track a judge and others, thanks to informatio­n that ultimately

came from data broker LocationSm­art.

Verizon, AT&T, Sprint and T-Mobile pledged to stop providing informatio­n on U.S. phone owners’ locations to LocationSm­art, Zumigo and other data brokers later that year. But Congress questioned in early 2019 why sharing by some carriers seemed to have continued, as detailed in a Motherboar­d report about bounty hunters gaining access to the data in January 2019.

AT&T and T-Mobile said then that they would stop selling all location data from mobile phones to brokers by March 2019.

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