Justin Sherman on Senator Wyden’s Investigation of Near Intelligence Inc.
Feb 28, 2024
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Senator Wyden's investigation exposed a data broker aiding anti-abortion groups in targeted messaging at Planned Parenthood visitors. Justin Sherman discusses the data broker ecosystem, lack of federal legislation, and potential FTC actions. They explore the invasive practices, privacy concerns, gaps in laws, and the selling of location data without user consent to government entities.
Data brokers like Near Intelligence Inc. enable targeted anti-abortion messaging, raising concerns about privacy invasion and data exploitation.
Lack of federal legislation on data brokerage and consent for location data underscores the need for comprehensive privacy laws and regulatory oversight.
Deep dives
Background and Investigative Introduction
Senator Ron Wyden's office conducted an investigation into near-intelligence Inc., a data broker facilitating anti-abortion organizations to target messages and ads to individuals visiting Planned Parenthood clinics across the U.S. Justin Sherman, CEO of Global Cyber Strategies, discussed the lack of federal legislation regulating such practices and the possible FTC actions against near-intelligence Inc.
Investigative Findings and Impacts
Senator Wyden's investigation revealed that the Veritas Society, linked to Wisconsin Right to Life, hired an ad agency, Recru Media, to target anti-abortion ads using location data. Recru Media utilized data broker services from near-intelligence to geo-fence Planned Parenthood clinics for targeted ads. This sophisticated targeting delivered millions of anti-abortion ads to visitors of 600 Planned Parenthood clinics across 48 states, violating privacy expectations.
Privacy Invasiveness and Risks
The use of location data for targeted anti-abortion ads without consent raises concerns about privacy invasion and sensitive data exposure. Location data is deemed highly sensitive due to its tracking capabilities and potential for inferring personal information. The FTC may investigate near-intelligence for deceptive practices and unfair utilization of location data, highlighting gaps in regulation and privacy protections.
Regulatory Gaps and Impact on Consumers
Sen. Wyden emphasized the need for comprehensive privacy laws at federal and state levels to regulate data brokers' practices. Specific focus was on the Massachusetts Location Shield Act, proposing stringent restrictions on selling location data without explicit consent. The lack of industry best practices and regulatory oversight underscores the urgency for addressing the risks associated with unregulated data brokerage activities.
On Feb. 13, Senator Ron Wyden released a letter documenting an investigation his office has been conducting into the activities of Near Intelligence Inc., a data broker that allegedly enabled an anti-abortion organization to target anti-abortion messaging and ads to people visiting 600 Planned Parenthood clinics across the United States. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy, to discuss this investigation. They talked about the various players in the data broker ecosystem that enable these invasive practices, the lack of federal legislation governing and preventing these activities, and what actions the FTC might be able to take against Near Intelligence Inc.