Ban Precise Geolocation Sales Now: National Security...

A single data broker sold the precise location data of U.S. military personnel at sensitive bases to a foreign adversary's proxy. That is not a hypothetical scenario — it happened, and it exposed a gaping hole in American privacy law that no voluntary industry pledge has come close to plugging.

The Lawfare Media article argues that the sale of precise geolocation data is a national security and privacy threat that cannot be fixed by self-regulation or existing laws.
Data brokers routinely sell location data from smartphones, which can be used to track individuals — including military personnel and intelligence officers — to sensitive locations.
The key tension is between the commercial data industry's First Amendment claims and the urgent need to protect citizens from surveillance by both foreign adversaries and domestic bad actors.

Why Is Precise Geolocation Data a National Security Threat?

According to the Lawfare Media article published on April 17, 2026, the sale of precise geolocation data enables adversaries to track U.S. military personnel, intelligence officers, and other sensitive government employees. The article notes that data brokers collect location pings from millions of smartphones via apps and SDKs, aggregate them, and sell access to anyone willing to pay. The New York Times reported on December 15, 2025, that a data broker had sold location data tied to U.S. military bases to a shell company linked to a foreign intelligence service. This is not a theoretical risk — it is a documented, ongoing breach of operational security.

The threat extends beyond national security. Domestic abusers, stalkers, and private investigators can purchase geolocation data to track victims without a warrant. The Lawfare article argues that the Fourth Amendment's warrant requirement is effectively nullified when the government can buy the same data from a commercial broker instead of asking a judge for permission.

What Has Self-Regulation Actually Achieved?

Almost nothing. The data broker industry has made voluntary pledges — such as the Digital Advertising Alliance's AppChoices program — but these are easily evaded and lack enforcement mechanisms. The Lawfare article states that "no major data broker has been held accountable for selling location data that was later used to track journalists, activists, or military personnel." In 2023, the Federal Trade Commission (FTC) settled with data broker X-Mode for selling location data without consent, but the settlement did not include a ban on the practice — only a requirement to obtain affirmative consent in the future, which the industry has largely ignored.

The New York Times investigation found that even after the FTC settlement, multiple brokers continued to sell precise geolocation data to buyers with minimal vetting. One broker advertised "real-time location data for over 100 million U.S. devices" with no restrictions on use. Self-regulation has proven to be a fig leaf, not a firewall.

Ban Precise Geolocation Sales Now: National Security Demands It

What Would a Federal Ban Look Like and Who Would It Hurt?

A ban would prohibit the sale, licensing, or transfer of precise geolocation data — defined as location data accurate to within 1,000 feet — to any third party without the explicit, informed, and revocable consent of the device owner. The Lawfare article proposes that the ban should apply to both the original data collector (e.g., a weather app) and any downstream data broker. Exceptions would be allowed for emergency services, public health, and law enforcement with a warrant.

The losers would be the data broker industry, which the New York Times estimated to be worth over $30 billion annually. Companies like LiveRamp, Foursquare, and Cuebiq would need to completely rebuild their business models around aggregated, anonymized data — or shift to selling services rather than raw location feeds. The winners would be ordinary citizens, military personnel, and anyone who values privacy. The ban would also benefit privacy-focused technology companies like Apple, which already restricts third-party location tracking on its devices.

How Would the First Amendment Challenge Play Out?

The data broker industry will almost certainly sue, arguing that the sale of geolocation data is protected commercial speech under the First Amendment. The Lawfare article acknowledges this, but argues that the Supreme Court has repeatedly upheld restrictions on commercial speech when the government demonstrates a substantial interest — and national security plus privacy qualifies. The article cites the 2011 case Sorrell v. IMS Health, in which the Court struck down a Vermont law restricting the sale of pharmacy data, but notes that the decision left room for regulations targeting specific harms rather than disfavoring speech based on content.

My analysis is that a carefully drafted ban — one that targets the sale of precise geolocation data as a commercial transaction rather than as speech — would survive judicial scrutiny. The government's interest in preventing foreign adversaries from tracking military personnel is compelling, and the restriction would be narrowly tailored. The data broker industry will fight hard, but the facts are on the side of the ban.

My thesis is clear: the sale of precise geolocation data must be banned now, and any delay is a gift to foreign intelligence services and domestic abusers. The evidence from Lawfare Media and The New York Times is overwhelming. In the short term, a ban will cause economic disruption for data brokers and trigger a legal battle. In the long term, it will restore a measure of privacy that Americans have lost without realizing it. The winners are the public and national security. The losers are the data brokers who profited from selling our location without consent. I predict that within 18 months of a federal ban, at least two major data brokers will exit the U.S. market or be acquired by privacy-focused firms.

The FTC will issue a formal rulemaking on precise geolocation data sales within 12 months of this article's publication, following the model of its 2025 commercial surveillance rule.
LiveRamp will announce a pivot to "privacy-safe location analytics" within 24 months, dropping raw data sales entirely.
At least one major data broker will be found to have sold precise geolocation data to a foreign adversary after the ban takes effect, triggering a Congressional investigation.

2021-01-06
Capitol Riot Location Tracking
Data brokers sold location data that allowed law enforcement to track individuals present at the Capitol on January 6, raising privacy concerns.
2023-04-01
FTC Settles with X-Mode
The FTC settled with data broker X-Mode for selling location data without consent, but did not ban the practice.
2025-12-15
NYT Reveals Foreign Sale of Military Location Data
The New York Times reported that a data broker sold precise location data of U.S. military personnel to a foreign intelligence proxy.
2026-04-17
Lawfare Article Calls for Ban
Lawfare Media published an article arguing that the sale of precise geolocation data should be banned immediately.

Estimated U.S. Data Broker Revenue from Geolocation Data (2022-2026, $B)

Article Summary

The sale of precise geolocation data is an active national security threat, not a hypothetical one.
Self-regulation by the data broker industry has completely failed to stop the sale of data to adversaries and stalkers.
A federal ban is legally defensible under the First Amendment if narrowly tailored to the commercial transaction of location data.
The ban will disrupt a $30 billion industry but is necessary to protect military personnel and civilian privacy.
Privacy-focused companies like Apple will benefit from a ban, while data brokers like LiveRamp will face existential pressure.