Letter to the Editor: The Massachusetts Location Shield Act

Letter to the Editor: The Massachusetts Location Shield Act

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Dave Flanagan, Westford Resident

The Massachusetts Location Shield Act (H. 86, S.197) would prevent cell phone companies from exploiting information about users’ locations.  This is critically important legislation, and should be passed immediately. The bill aims to prevent companies from exploiting location data for marketing while preserving legitimate uses like emergency services and navigation.

The Act is designed to prevent companies that buy location information from using it to market themselves.  Companies are already using the internet to bombard us with endless ads every time we stumble onto a website, glance at an article or buy something on Amazon.  Without the Act they would be free to market to us through an endless barrage of texts.

But the potential uses are even more sinister than that.  Location information could be used to determine what doctors we are seeing, when we are away from home, and who we are meeting with.  In its most nightmarish form, location data could be used by stalkers or other bad actors for criminal purposes.  This is not just theoretical.  The research shows this is already happening through multiple channels.

This Act would prevent the bad actors from getting the information in the first place.

At the same time, it would not affect the use of cell data for legitimate purposes, with a specific exemption for law enforcement.  Even then, law enforcement would not be able to use the data for reasons unrelated to law enforcement.

A violation of this rule could result in a fine of three times the actual damages.  While it would not impose any criminal penalties, the fines would be enough to deter companies from selling information.  And in cases where someone wants the information for criminal purposes, it would give law enforcement another tool to protect the public.

The Act has bi-partisan support.  Four Republicans and one Independent have signed on to the Act, along with 33 Democrats, 38 of the 40 MA senators and 106 of the 160 representatives have signed on as supporters of this bill. It is supported by the ACLU.  It originally passed the House in 2024 unanimously.  But it still is not law in Massachusetts.

I therefore urge readers to contact their Massachusetts representatives and senators to show their support for this legislation and demand passage into law.

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