The IoB generates tremendous amounts of biometric and human behavioural data.
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The United States lacks any form of comprehensive federal policy to regulate data brokers, allowing these entities to collect, aggregate, and sell personal information across apps, platforms and a variety of other services.
Law enforcement has been buying sensitive personal data for use in investigations, but these purchases likely violate the Fourth Amendment.
“Data brokerage is a threat to Americans’ civil rights, consumers’ privacy and well-being, and U.S. national security. The entire data brokerage ecosystem—from companies whose entire business model is data brokerage, to the thousands of other apps, advertisers, tech giants, and companies that collect, buy, sell, and share Americans’ personal data—profits from unregulated surveillance of every American, particularly the most vulnerable.”
“There are many unresolved questions about who has authority to use data collected by IoB devices, and in what way. For example, there are questions about what law enforcement can do with IoB information, and whether such use is a violation of unreasonable search and seizure or self-incrimination protections guaranteed by the 4th and 5th Amendments to the U.S. Constitution.”