I'd really like to just have legislation to treat location data like audio or video under wiretapping provisions. If you collect my location info and convey it to a third party without my consent or a reasonable good-faith belief that I would consent, that ought to be treated similarly to recording without consent.
And consent needs to be granted explicitly for each party that might get access to my location, you can't just get blanket consent to sell my location to anyone, especially not with real-time identifiable location data.
Fair enough, but the wiretap laws are all phrased in terms of "conversation participant" -- a listener who every speaker is aware is listening. Some states require consent of all participants, others require consent of one participant.
In one-party states the consenting party has to be the one who makes the recording. In all-party-consent states, the verbal declaration that a recording is happening has to be part of the recording. It has to be verbal, so there is no "fine print loophole" -- you have to waste 2-3 seconds of everybody's time saying it out loud.
I like your idea, but the wiretap laws work so smoothly because they bootstrap off of things like "conversation participant" and "verbally granted in the recording itself" that don't carry over to location data.
> or a reasonable good-faith belief that I would consent
Don't deliberately write a loophole. No need for this part.
Good-faith is pretty narrow, mainly talking about emergencies where I implicitly could be said to have given consent, like when calling 911, or services that are close to 911 but privately administered.