Hacked - News Update - 200 Million Dollar Location Tracking

Episode Date: March 10, 2020

Jordan & Scott discuss FCC fines regarding location tracking. Learn more about your ad choices. Visit podcastchoices.com/adchoices...

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Starting point is 00:00:00 This opening story and news update is about $200 million in federal fines, and it starts with a Missouri sheriff named Corey Hutchison. Back in 2014, in Mississippi County, Missouri, right in the boot heel of the state, the county started contracting out its prison phone system to a company called Securus. Prison phones are lucrative business, but the competition is really fierce, so these companies bundle other services in to try and make their offerings more compelling to law enforcement. One service, Securus offered, was a location tracking service
Starting point is 00:00:37 that essentially allowed law enforcement to find the whereabouts of almost any cell phone in the country within seconds by going through this system that's typically used by marketers to get location data from major cell phone carriers. Mobile carriers know where you are based on cell tower triangulation, and they're allowed to sell that data to businesses that want to market you based on location. as long as, and this is really important, they get your consent.
Starting point is 00:01:06 The only other way you can track someone's location legally is if you're law enforcement and you have court documents like a warrant. So what happened was this company Securus made a deal with cell phone carriers to buy that location data, which they would provide to law enforcement for a fee as long as law enforcement uploaded those court documents, which is where Corey Hutchison shows up. Because according to prosecutors, between 2014 and 2017, Corey tracked hundreds of people without their consent. While he pled guilty to one count each of identity theft and wire fraud, he was originally charged with nearly 30,
Starting point is 00:01:47 which even then pales to witness testimony from another sergeant that said that Hutchison personally tracked him 64 times, 24 in a single day. All in, Sheriff Hutchison applied for thousands of searches and illegally accessed hundreds of people's information according to prosecutors. And if you're wondering, hey, I thought law enforcement had to upload a warrant to get this info. This is how we get to those fines. Mobile carriers are legally responsible for the safety of your personal information. When they license it to a company like Securis, it's the carriers that are responsible for making sure that, Securis isn't giving out that info to anyone they're not supposed to.
Starting point is 00:02:33 So when? Instead of warrants, Sergeant Hutchison uploaded completely irrelevant documents, including his health insurance policy, his auto insurance policy, and pages from the sheriff's training manual, Securis should not have given him that private information, but they did.
Starting point is 00:02:56 And since the telecoms gave it to them, We arrive here, where last week, the FCC proposed 200 million in fines to the telecommunications companies for failing to secure their data. We're going to talk a little bit more about what that means on this Hacked News update. We're not even going to talk about the FCC fines that long. It's going to get real exciting. Oh, you have my attention. Fire it up. Take me through this fine. Sure. So the sell companies, the telcos, know where you are roughly based on what tower you're connected to. And they have the ability to sell that data. And they do. Who do they sell it to? Well, they sell it to a variety of people. You know, this one is they've sold it to a third party who then resells it to, you know, marketing companies and or, you know, law enforcement.
Starting point is 00:04:11 Say we were hypothetically marketers. Hypothetically. What utilities that information have? Me knowing where someone's cell phone is, I'm trying to advertise to them. Why is that useful? Yeah, well, this form of data is not actually that great because this form of data is just literally which tower they're connected to. So it's a rough kind of proximity.
Starting point is 00:04:33 But it's very valuable in a sense of being able to deliver an ad that's geo-targeted, which is kind of like a very basic premise. of like, you know, online digital advertising. Right. So I'm a marketer. I want to be able to say, someone just walked into a smoothie shop. I'm going to, with their consent,
Starting point is 00:04:51 deliver them an advertisement for smoothies. You in that statement are assuming that knowing which cell tower they're connected to will tell you that they're in the smoothie shop. But it doesn't mean you can't get that data. How do you get that data? So this isn't really have anything to do with this fine, but it's more of just like a public service podcast, I think.
Starting point is 00:05:11 but most of the apps that you have on your phone when they ask you for your location data whether they can have it always or just when you're in the app they often resell that data which is pinpoint accuracy of where you are and they resell that to marketing companies. Do they need, so I know in this story the telecommunications companies
Starting point is 00:05:33 when they sell it to a third party who's going to do something with it, that third party is responsible in a contract with the telcos for getting your consent, is an app saying, hey, we use your location data. Does that qualify as consent in the same kind of legal sense? Yeah, and it'll be in the terms of service.
Starting point is 00:05:53 So you passively, tacitly, accept their conditions? Out of curiosity, this situation, they know where your location is based on which cell phone tire they're connected to. When I do it in an app, is it just GPS coordinates? Very much so. So it's vastly more accurate. So like the being people that theoretically work in marketing, we, if you just Google, like everybody should just open a web browser and Google location-based advertising, we can literally draw a geo fence around the coffee shop at the end of the block and just deliver ads to people that are sitting in that coffee shop. And no one's ever accepted a condition to have their pinpoint location give them.
Starting point is 00:06:39 even out. It's sort of a side effect of just using the apps that we all use on a daily basis to exist in the world. Yeah, and it's major apps, too. It's not just like, you know, grungy third-party Android apps. We're talking about, you know, premium media company apps that gather location data and resell it back to people. So there's a myriad of different ways that my location can be sold off as data to some
Starting point is 00:07:03 third party. Can they figure out that it's me or do they just know that there's a person going to these places. Yeah, they can figure it out. How? Because everyone's tracking everything these days through location pixels, tracking pixels, tracking, you know, all this variety of digital tracking methods that we've added. It used to be primitive cookies. And now we have this much more intensive suite of tools to do this. And the same thing with location data. Your device has a unique ID. So eventually they can pair your device ID to other tracking pixels, which allows them to tag you with geographic, demographic, and psychographic data that they're pulling from
Starting point is 00:07:43 your other social media platforms. So it's kind of about cross-referencing. It's about the fact that they know this device was here, and then they know that that device went to this site that had this tracking pixel, and they're able to kind of create this sort of like mesh by which they reverse engineer, like, kind of your habits and traffic, which they're able to commodify and sell off to other people. Yeah, right. So, like, say, you know, in the location-based advertising games, say, you know, we're a major
Starting point is 00:08:07 coffee franchise and we really want to target people that have, you know, when they're in our shop, we want to present them with this offer. And if they're of this psychographic makeup, that's really possible. You know, we've willingly torn down all the walls of our privacy in certain ways. Inherent to this whole discussion, there's this idea that being a company that has this information about you is a privileged position. It's sensitive information and this proposed FCC defined as a result of the fact that the cell phone companies behaved in a way, they treated the information very cavalierly. They gave it out to someone who had not checked all the boxes and was giving out to people
Starting point is 00:08:47 that shouldn't have access to it at all. That's with the cell phone companies. This other thing we're talking about, where you're able to be tracked based on kind of GPS data through mobile movement and websites, do you happen to know if there have been any giant lawsuits about that? I don't think so. There's definitely been no curtailing of that industry. It's only growing and expanding.
Starting point is 00:09:08 And sorry for kind of hijacking this from about talking about the FCC fine and stuff, but I feel like this is the natural progression of that conversation. Sure. No, it makes sense to me. Like cell towers seem so blazze when you can, you know, know that Jordan goes into this Starbucks at this time every day. Think about the last time you heard a breach story on this show. It always starts the same way.
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Starting point is 00:12:09 Register now at arcticwolf.com slash hacked. T-Mobile, which is one of the biggest proposed fine recipients. I think it was like 91 million for them. I think they had 2018 revenue of 43 billion and like a net income of 2.8 billion. Yeah. So this is a slap on the wrist. This is a symbolic gesture from the FCC saying,
Starting point is 00:12:36 hey, we had rules in place. We actually got rid of a lot of those rules over the last three years, and you still managed to find a way to break them. This is a symbolic nod that doesn't really get to the heart of the problem. Does this kind of just fall on consumers at this point if they want to keep this data private? Because it doesn't seem like there's a lot of teeth with which to control these companies. Is it really just on you to lock down your data if that's something you care about? Yeah, well, I think the reason this is a slap on the wrist.
Starting point is 00:13:06 is because it's old now. There's better ways to do this that are more accurate that we've kind of tacitly agreed to. Society is kind of tacitly agreeing to this, like, move through it, giving up tons of our privacy, and we all seem to be tacitly okay with it. And I think that that's, like, I'm not wearing a tinfoil hat running around saying that everything's broken
Starting point is 00:13:30 and that the world's burning, even though it kind of is. But the reality is that, you know, we don't take it seriously. like I have location base turned off on my phone, but most people don't. No. It's interesting to me that the cell phone carriers at this point, like, if we think of like the value of these different types of information, the really granular stuff, you're in a coffee shop. Not in this exact coffee shop.
Starting point is 00:13:57 This coffee shop is worth more than you're in this general geographic area. It seems interesting that the cell companies have had to resort to selling to certain types of law enforcement. where it's like, no, we don't need your consent because we're not marketing to you. We're trying to track, like, a criminal. Like, it's the quality of the information isn't that good, so they're having to find new customers to sell it to? Yeah, and the thing is, is, like, since this case began, like, 2014 to 2017, I think, like, location-based advertising, like, as people that theoretically work in marketing,
Starting point is 00:14:28 we get calls from vendors that want to sell us this service and have had those calls coming in since probably 2015, 2014. So, I, you know, what they were doing, sure, terrible. The fact that somebody exploited it, terrible. But the fact that it is constantly exploited every day by other people, we tacitly accept. We seem to be okay with it. Yeah. Well, you know, there's even, like, set up a new laptop the other day. And it asked me if I was okay with a unique advertiser ID to track me as a person and what I psychographically wanted to see.
Starting point is 00:15:04 So that the ads had served me would be, you know, more refined. to my tastes. And this is the same thing. It's just the exact same thing except it's happening on our phone. And when you install that like sports news app that everybody has on their phone, they're also just selling your location data constantly if you let them access it. The reason this whole story broke. The reason the FCC got interested was because the New York Times, I think,
Starting point is 00:15:28 wrote a story about Securus. And the whole Securus story turns on the fact that there was one guy who was manipulating this. And we could all wrap our heads around that. We could picture one guy sitting in a computer looking at something he shouldn't have because he had privileged access to information that he had no right getting access to. There's trickle-down effect of corporate.
Starting point is 00:15:49 I don't know what. Maybe no one just kind of paying enough attention. It's interesting that that's what it takes to get people to pay attention specifically to have there be a legal response to it. A whole bunch of media attention has to get pointed like a spotlight on one of these things before
Starting point is 00:16:05 there's going to be any kind of a response. I think that that day is coming for a location-based advertising. Like, it's just so effective. Like, if you imagine it, like, we'll tell the scenario of this that people will like. You know, imagine we run the independent coffee shop on the block, and there's a Starbucks on the corner. And we geo-fence the Starbucks and run shop local ads to everybody that goes there to try and drive them to the independent coffee shop.
Starting point is 00:16:31 But in reality, the opposite is happening, where they're, you know, selling Starbucks ads to the independent, but whatever. but the gist of it is is it's very effective but at the same time it's I don't know it's ridiculous
Starting point is 00:16:46 yeah water boiling and the frog not realizing it kind of situation yeah thanks for listening to this hacked update if you like the show write and subscribe or check us out at patreon.com
Starting point is 00:16:59 slash hacked podcast find us everywhere at hacked podcast talk to you next week

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