jmward012 hours ago
Given the actual informed and uncoerced choice, people say no to this kind of collection and especially its sale or use for any purpose other than the explicit service they thought they were allowing it for (navigation, setting the time, etc etc). This is true for basically all information collected. I'm glad to see there is some minor protection language being included but it needs to have real teeth and get to the point. If you collect data from me under false pretenses or using coercive methods (you can't use the thing you just paid a lot of money for if you say no) you will not only be fined but criminally prosecuted.
amatechaan hour ago
Completely agreed. Even for people who are like "I have nothing to hide", the only people who think this way are simply unaware of just how much harm can come to them without the protection of privacy (and laws that ensure this)... or they just have no self-preservation instinct, I guess?
Affric33 minutes ago
So, aside from nothing to hide domestic/family violence and stalking, the fact that they can and will build an inference about you to attempt to influence your choices is fundamentally menacing to every person.
Corporate stalking has become so normalised (and provides so many livings) that we are through the other side.
Half a millennium ago they tried to control us by restricting our access to information to control what we think, now they bombard us with it to control what we think.
andai18 minutes ago
If I was rich, wouldn't I just pay the fines though? I hear about megacops fined billions of dollars every year for doing this shit they don't give a fuck
Edit: Okay my brain processed the information now, criminal prosecution sounds like slightly more deterrence. (Nobody would do an illegal thing, after all ;)
dsl12 minutes ago
Criminal prosecution isn't even an issue because it does not extend to the executives. PG&E somehow keeps paying fines to resolve murder charges.
https://liberationnews.org/pges-rap-sheet-the-criminal-histo...
s1artibartfastan hour ago
What's the limit of coercion?
Can someone provide a product that loudly says "we will sell your geolocation data" on checkout?
Is it coercion if you simply want the product?
Retric42 minutes ago
Yes. Paying the money the data is worth isn’t coercive, linking some other transaction to selling your location data is.
This includes having a discount larger than what your location data is worth. IE: I’ll sell you this car for 50k, o you want it without location tracking that will be 150k.
s1artibartfast9 minutes ago
If thats the standard, then I suggest people find a less polarizing word with a clearer definition.
Putting the semantics aside, Who decides what it is worth and to whom?
Why wouldn't a company sell a car without geodata for what it is worth? Maybe it is worth 150k to them because that is what some people will pay the maximum return price point for that package?
danielrmay3 hours ago
A good start. From 2024: "A company allegedly tracked people’s visits to nearly 600 Planned Parenthood locations across 48 states and provided that data for one of the largest anti-abortion ad campaigns in the nation, according to an investigation" - https://www.politico.com/news/2024/02/13/planned-parenthood-...
lelandfean hour ago
It gets so awful. Here's one of the worst I remember, 2019: https://www.nbcnews.com/news/us-news/missouri-health-directo...
giantg22 hours ago
And that's pretty much the most benign use case too.
[deleted]an hour agocollapsed
dv_dt3 hours ago
So let's say a Delaware incorporated company sells location data that happens to be collected in Virginia, but its sold from the corporation with no operations in Virginia. What happens? On the other hand us-east-1 is in Virginia with who knows how many payment processing servers running.
spiralpolitik9 minutes ago
If the Delaware company has zero presence in Virginia then the state of Virginia can't do anything about it.
The presence of us-east-1 in Virginia probably will complicate the matter considerably and I'm guessing it's something the courts would need to sort out.
b40d-48b2-979e3 hours ago
The same thing that happens in court cases across state lines. It goes to one of the jurisdictions in a lawsuit unless it qualifies for diversity jurisdiction and goes to a federal court.
thephyber2 hours ago
Most likely the vendor will make a judgement call about whether they care to comply. If they do want to comply, they will likely exempt all Virginia data from the collected data set and contractually require and downstream user to indemnify them if a Virginia person is affected by their data set.
HoldOnAMinute2 hours ago
So, they are collecting geolocation data to avoid selling geolocation data.
BRILLIANT
peter3033 hours ago
NYTimes article a few years ago on how car insurance companies were using such data. Tracking sudden stoos, driving at night, driving faster than 80 mph, etc.
codazoda2 hours ago
As an aside…
I wonder why “80 mph” was picked as an arbitrary value. In rural areas of Utah we have 80 mph posted limits and prima facie speed laws. A lot of Utah drivers regularly exceed 80 MPH and I’d argue they do so legally. It’s just a weird number for them to pick.
tzs2 hours ago
They may be looking at a correlation between speed and claims rather than whether or not the speed is legal. Accidents at 80 mph will tend to be more severe, and possibly also more frequent.
Note that they are also looking at night driving, which as far as I know is legal everywhere, but someone who spends a higher percentage of their time driving at night probably is a bigger risk for the insurance company than a similar person who doesn't drive as much at night.
ang_cire2 hours ago
I'd surmise it's because several states (CA comes to the top of mind) set speeds in excess of 80 as a potential felony enhancement.
iirc in CA it's 20mph over the speed limit, or speeds over 80.
The insurance companies probably want to know who to raise rates on.
polski-gan hour ago
It's not arbitrary. In Virginia that's a guaranteed reckless driving charge.
pixl9711 minutes ago
Texas: we set the speed limit at 85.
baranul3 hours ago
Exactly. Exchanging private and personal user data without consent and without users being aware of it, for their profits.
thephyber2 hours ago
It’s important to understand that in the USA, data is owned by the collector (eg. The app or SaaS who generated it), not the person who is described by it.
Until this legal regime changes, we will constantly be playing whack-a-mole with laws like this.
Hikikomori2 hours ago
That sounds like something Europeans would do, so it's anti american.
charcircuit2 hours ago
The economy is not 0 sum. Someone else profiting doesn't hurt you.
jsrozner2 hours ago
You’re right and wrong: today’s economy is often negative sum from total utility perspective. It hurts society and the person but it helps Mark Suckerberg and Scam Altman and the private equity firms.
It’s positive sum from a wealth-weighted utility calculation though. And that’s why it happens.
markdown2 hours ago
Seems you missed that part that DOES hurt us:
> Exchanging private and personal user data without consent and without users being aware of it
charcircuit2 hours ago
This information allows other companies to make more informed decisions. Other companies making better decisions doesn't "hurt us".
topgrain2an hour ago
Companies’ executives and top investors should let us see their location data then. And open up every part of their internal comms that don’t directly disclose trade secrets. At least the metadata!
It doesn’t hurt them, just lets us make better decisions, after all. There does not exist a good reason they’d object!
charcircuit33 minutes ago
You can buy it from a data broker. They aren't obligated to give you this data for free.
steve_j_choi18 minutes ago
More informed decision to raise revenue. Is that necessarily helping us? When you say its not affecting us, us as who? Just sounds like a karma farmer.
blitzar2 hours ago
We collect your data, sell it to the highest bidder and sun ourselves on a yacht we bought with the proceeds ... "to help you".
Avicebron2 hours ago
And when those "informed decisions" are denying healthcare/insurance/loans/what have you?
gruezan hour ago
Aren't those collected consensually (and pretty explicitly) as part of insurance programs?
malfistan hour ago
Default opt in by most new cars with cellular connections
Avicebronan hour ago
I wonder what default opt in would be called in other consent contexts..
askvictoran hour ago
So, opt out?
avarun2 hours ago
As long as this is actually about "sale" of data and actually imposes strict limits on data brokers and all the nefarious actors out there, I am all for it.
If it's more similar to the California law, which just calls all uses of data "selling data" and just ends up muddying the waters without actually imposing any regulations of value on the bad actors in the industry, then that would be a shame.
There is value to actually keeping the meaning of words clear and consistent. I have no issues with Google using its first-party Google Maps data to serve me better recommendations. I have massive issues with AT&T selling aggregated geolocation data that makes it easy to identify individuals to third parties. I hope this is a clear path towards banning the latter without touching the former.
janalsncm3 hours ago
Note that this article is from April and the ban went into effect July 1.
erentzan hour ago
What is the rationale for going to the trouble of such a law but only banning sale, rather than all sharing?
Frost1xan hour ago
Good question, I’m curious too. 911 services and cell providers come to mind, as well as subpoenaed data from law enforcement? Perhaps?
Third party commercial entities like cell providers are collecting and sharing it out of necessity but I’m guessing not selling it?
But that opens an interesting loop hole it seems where you could open a share agreement and then through other mechanisms recover the fee you’d otherwise charge for.
Provider A wants to sell data to provider B and provider B wants to buy from provider A but they legally can’t. So instead provider A just tucks the cost in some other unrelated contract with provider B with a wink wink, handshake, nod, their “relationship” then just makes them want to share the data at “no charge.” Both know the fees are tucked in other agreements, although only provider A knows the itemized cost, provider B just wonders if the cost of the other package + their friendship handshake sharing of geolocation data is worth that total cost.
To be fair, until money comes into play people tend to be less nefarious about their uses of information and intentions. Not always, but on average.
polski-gan hour ago
Because the data is very helpful in pricing risk of drivers in insurance premiums. Obviously risky drivers should be charged a higher rate.
doginasuit21 minutes ago
Companies who want to use this data should gather it themselves, and transparently. Insurance companies do this, my dad had a little tracking unit in his car that I assume allowed him to pay a lower rate.
It is not gathering or using the data that is a problem, it is gathering or sharing it without awareness and consent. To be fair, even sharing/selling it would be fine assuming it happens with awareness and consent. Not buried in some ToS, but active consent.
underlipton12 minutes ago
Unless they're disclosing exactly how the location data is being used to measure driver risk, my assumption is that it's a form of redlining. Filing my racial discrimination lawsuit nnnnnnow.
raychis3 hours ago
Honestly, it’s wild that selling people’s precise location data was ever treated like a normal business model.
We already know massive data harvesting has happened. Laws like this are just the bare minimum for catching up.
Would be nice if they could bring in laws that would punish these companies out of existence, but I doubt it.
petercooper2 hours ago
I was intrigued, because even a broad location given for an IP address is "geolocation data", but the law says "precise geolocation data" which limits it to device-reported data, I assume.
mathgeek2 hours ago
It likely fits the definition of precise location data that you can configure on mobile settings (it's a finer grained option you can enable when sharing your location).
kube-system2 hours ago
Laws typically define terms like this, and this law is no exception.
> "Precise geolocation data" means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. "Precise geolocation data" does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
https://law.lis.virginia.gov/vacode/title59.1/chapter53/sect...
mathgeek2 hours ago
Yep, definitely fits with plenty of space. Thanks for confirming.
markdown2 hours ago
I'm sure any coordinates would do. So long as it's not "behind the maple tree that stands across the road from Ross Dress for Less"
nickvecan hour ago
Have any other states banned the sale of geolocation data?
CodeByBryantan hour ago
This is an actually great move.
bflesch41 minutes ago
That's a step into the right direction. I can only imagine how much pain has been inflicted with metadata.
deatonan hour ago
I cant wait for the feds to sue them for.. something
heroprotagonist2 hours ago
Great, now you have to ban sharing of it, or banning sale is worthless.
Or rather, only worthwhile as a straw-man you can point to and say "Look, we stopped it!" when you know that's false.
toomuchtodoop4 hours ago
Bill: https://lis.virginia.gov/bill-details/20261/SB338/text/SB338
> Virginia follows Maryland and Oregon in banning the sale of geolocation data. Both Maryland and Oregon more broadly define “sale” to mean the exchange of personal data “for monetary or other valuable consideration.” Virginia joins several other states that have recently proposed legislation with similar bans, including California, Massachusetts, Vermont and Washington State. The legislative activity follows regulatory scrutiny on the sale of geolocation data, including the California Attorney General’s investigation into the location data industry in March 2025, and a 2024 FTC settlement banning a data broker from selling geolocation data.
(i could not find a state legislation tracker regarding this type of legislation, please feel free to drop it in a reply if you find one!)
hoppyhoppy22 hours ago
kevin_thibedeau3 hours ago
Funny how two states with a large number of elected officials living in them opt for privacy first.
cvoss23 minutes ago
In fact, most states have a large number of elected officials in them, especially those elected officials who hold the legislative power of that state.
But if you meant the 500ish elected federal officials, most of whom are not Virginians or Marylanders, and so have neither any influence as voters nor as legislators, then... well I'm still not sure what you mean. Privacy laws are good. I don't see a reason to be cynical.
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macinjoshan hour ago
What a coincidence that northern Virginia is spy central.
lysace2 hours ago
This is going to spread like wildfire. ("We can do that?")
throwaway858252 hours ago
*except sale to the government?
arcticbison2 hours ago
[dead]
nekusar3 hours ago
So, instead you buy a "custom computer", and the data is completely free!
Its like how FLOCK gets around pesky data laws. The devices coat a lot, but the software dashboard access is "Completely free*"
hydrogen78003 hours ago
I can't find it so it's probably just a myth, but I recall hearing about "free beer with purchase of food" at bars during prohibition. However, I think it was more than just the sale that was prohibited.
pimlottc25 minutes ago
There was a situation like this in DC for cannabis. There was a ballot measure passed that legalized recreational use and gifting but selling weed was still illegal. So there were lots of “gifting” shops where they would sell things like stickers or t-shirts and then offer you a “free gift” of cannabis. It was sort of tolerated for a little while but the authorities started cracking down and required them to get licensed for medical maraijuana sales. [1]
0: https://en.wikipedia.org/wiki/2014_Washington,_D.C.,_Initiat...
1: https://mjbizdaily.com/news/district-of-columbia-dc-gifting-...
VBprogrammer3 hours ago
I used to regularly go to a comedy show on the site of an old brewery in Wandsworth. The comedy cost £20 but the beer was free. Apparently the site was the oldest continuous used brewery in Europe and the head brewer decided to keep the record going after the site was sold to a property development company. However, there was a prohibition against competition and licensing issues meaning they couldn't charge for beer.
Cycl0ps3 hours ago
Raines Law in that late 1800s put restrictions on the sale of alcohol in NY on Sundays. Bartenders used a loophole of the drinks being served with a meal to get around it.
They would make a single sandwich, "serve" it to the patron along with their drink, then immediately take back the sandwich to "serve" it to the next person wanting a drink
colechristensen3 hours ago
I've been to bars that required you to buy a bowl of popcorn or some such in order to abide by their restrictive liquor license which only allowed sale with food.
fastball3 hours ago
Is that what Flock does?
blitzar2 hours ago
I for one am glad to hear they have some standards over there and refuse to profit from exploiting peoples private information.