The Brave New World of Third Party Location Data

The use of third-party location data (3PLD)—geospatial data captured by smart devices and sold by ‘data brokers’—for intelligence and investigations is increasing each year. This data source provides opportunities for analysts and decision makers to better understand as well as counter a host of security threats from common criminals to terrorists. However, and like other emerging and potent sources of intelligence like social media intelligence (SOCMINT), 3PLD must also be wielded legitimately by the government. We argue that the in the US context the legal framework surrounding these data is unclear. Due to the legal ambiguity as well as technological advancements, we note that misuse by the government is more likely to occur. Concurrently, malicious actors are using 3PLD in ways that threaten security. We argue action from a variety of stakeholders will be necessary to navigate these challenges in the brave new world of commercially available location data.