S.1512 - Protecting Military Servicemembers Data from Foreign Adversaries Act of 2025 (119th Congress)
Summary
S.1512, the "Protecting Military Servicemembers Data from Foreign Adversaries Act of 2025," aims to prevent data brokers from selling or providing lists of military servicemembers to covered nations or entities controlled by them. The bill defines key terms such as "covered nation," "data broker," and "military service list" to ensure clarity and scope. It also outlines enforcement mechanisms, primarily through the Federal Trade Commission (FTC) and state attorneys general.
The Act prohibits data brokers from selling servicemember lists to foreign adversaries and requires contracts to prevent further sale of such lists to these entities. The FTC is empowered to enforce the Act, including through rulemaking and civil actions. State attorneys general can also bring civil actions to protect their residents' interests.
Finally, the Comptroller General is required to submit a report to Congress analyzing the Act's enforcement and recommending further actions to protect national security.
Expected Effects
This bill will likely reduce the risk of foreign adversaries obtaining sensitive personal information about U.S. military servicemembers. It will place restrictions on data brokers and create legal mechanisms for enforcement.
The FTC will gain additional authority to regulate data brokers in this specific context. States will also have a role in enforcing the law.
Data brokers will need to implement new contractual requirements and due diligence procedures to comply with the Act.
Potential Benefits
- Enhanced protection of military servicemembers' personal information from foreign adversaries.
- Strengthened national security by limiting access to sensitive data.
- Increased accountability for data brokers who handle servicemember data.
- Provides legal recourse through the FTC and state attorneys general for violations.
- May deter foreign adversaries from targeting military personnel through data acquisition.
Potential Disadvantages
- Potential compliance costs for data brokers, which may be passed on to consumers.
- Possible limitations on legitimate data uses if the definition of "military service list" is too broad.
- Risk of overreach if the FTC's enforcement is overly aggressive.
- The effectiveness of the Act depends on the thoroughness of the Comptroller General's report and subsequent legislative action.
- Could create a false sense of security if other data sources remain vulnerable.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Constitution's broad goals of providing for the common defense (Preamble) and protecting national security. It does not appear to infringe on individual liberties, as it targets data brokers rather than restricting personal freedoms directly.
The enforcement mechanisms outlined in the bill, involving the FTC and state attorneys general, are consistent with the division of powers between the federal government and the states. The bill does not appear to violate any specific constitutional provisions.
However, the Commerce Clause (Article I, Section 8) provides the constitutional basis for federal regulation of interstate commerce, which would include the activities of data brokers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).