Government Surveillance, Privacy & Data
CDT Comments in response to FTC’s Proposed Consent Order with X-Mode Social, Inc., and Outlogic, LLC
On February 20, 2024, CDT filed comments with the Federal Trade Commission drawing attention to two issues in its proposed consent order with X-Mode.
First, the exception to the ban on the use and sale of Sensitive Location Data for converting such data into non-location data is harmful. This language would allow X-Mode to continue collecting, using, and selling data about people’s general visits to Sensitive Locations without specific GPS coordinates or other location data attached (e.g., the fact that they visited Planned Parenthood). That exception is harmful and should be removed.
Second, the exception to the definition of Location Data that would allow X-Mode to continue to collect Sensitive Location Data if that data is collected abroad and used for a security, or a national security, purpose is problematic and unclear. The harm and deceptive behavior from X-Mode stem not from where the data is collected. The exception will also be difficult to comply with and enforce. It should similarly be removed, or at least clarified and narrowed.
