Verizon argued that Section 222 of the Communications Act protects only call-location information—not data showing the location of a mobile device. The US Court of Appeals for the Second Circuit rejected that interpretation, ruling that the law also covers customer-specific network information tied to the location of telecommunications services.
The court pointed to language in Section 222 stating that customer proprietary network information (CPNI) includes data available to carriers “solely through the carrier-customer relationship.” Because mobile-device location data is obtained through that relationship, the court said it qualifies as protected CPNI.
“This therefore qualifies as customer-specific network information and is subject to the privacy protection provided for in Article 222 of the Communications Act,” the judgment states.
The Second Circuit’s ruling details how Verizon sold customer location data to aggregators LocationSmart and Zumigo before entering agreements with 63 third-party entities. According to news reports cited by the court, Securus Technologies used the system to give law enforcement officers access to location information. A Missouri sheriff reportedly accessed customer data without obtaining the required legal process.
Verizon, AT&T, and T-Mobile have said they discontinued the data-sharing programs connected to the Federal Communications Commission’s fines. However, the carriers continue to argue that the penalties were unlawful. AT&T and T-Mobile are still pursuing legal challenges that could overturn their fines.
T-Mobile asked the US Supreme Court to rule that the location information protected by Section 222 “refers only to call location information and does not include any other information about the location of a mobile device.”
The Fifth Circuit’s ruling in AT&T’s favor was based solely on Seventh Amendment grounds and did not resolve the company’s other claims. After the Supreme Court declined to intervene, AT&T filed another lawsuit asking the Fifth Circuit to rule that the customer location data it sold was not protected under Section 222. Read the filing.
A ruling favoring AT&T or T-Mobile could restrict the FCC’s ability to penalize wireless carriers for selling mobile-device location data in the future. Such enforcement actions appear less likely under the current administration. FCC Chairman Brendan Carr opposed the fines in 2024, when the commission had a Democratic majority, and supported the carriers’ position that Section 222 protects only call-location information.
Source: arstechnica.com