tinitcd ~rates ~cnatc WASHINGTON, DC 20510 36 January 24, 2019 The Honorable Joseph J. Simons The Honorable Ajit Pai' Chairman Chairman Federal Trade Commission Federal Communications Commission 600 Pennsylvania Avenue, NW 445 12th Street, NW Washington, DC 20530 Washington, DC 20554 Dear Chairman Simons and Chairman Pai: We write to urge the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC) to broadly investigate the sale of Americans' location data by wifeless carriers, location aggregators, and other third parties. Last year, multiple news reports highlighted the fact that the four major wireless carriers, AT&T, Sprint, T-Mobile, and Verizon, sold their customers' location ·data to approximately seventy companies, without the explicit knowledge or consent of their customers. After significant negative press coverage, the wireless industry pledged to end these business practices. A recent investigation published by Motherboard, however, demonstrated not only that the wireless carriers are still failing to protect their customers' private information, but also that location data can be purchased by stalkers, domestic abusers, and others. It is clear that these wireless carriers have failed to regulate themselves or police the practices of their business partners, and have needlessly exposed American consumers to serious harm. To that end, we urge the FTC and the FCC to conduct broad investigations, as appropriate, into the business partnerships between wireless carriers and location aggregators, including resellers and all downstream buyers of location data. Specifically, your agencies should determine whether wireless carriers or aggregators knew, or should have known, that failing to demand and verify subscriber consent would result in individuals obtaining location data without the respective subscriber's knowledge or consent. We also ask your agencies to require the wireless carriers to notify every American whose location they shared or sold and to identify to those subscribers the specific companies that obtained their location information. Americans expect that their location data will be protected. The wireless industry has repeatedly demonstrated a blatant disregard for its customers' privacy. It is therefore vital that regulators take swift action to ensure that consumers are protected. Please respond to this letter by February 5, 2019. Sincerely, Ron Wyden \ Charles E. Schumer United States Senator United States Senator Edward J. Marke Richard Blumenthal United States Senator United States Senator " Patrick Leahy United States Senator United States Senator ~A-~~ Jeffrey A. Merkley United States Senator United States Senator Page 2of3 J ~ r---7~__,~... ,-:z-=~~~~=----~ Kirsten Gillibrand ~oker United States Senator United States Senator Tina Smith United States Senator United States Senator Page 3of3