Page 29 - TPA Journal November December 2024
P. 29
users found at or near a specific area during a comprehensive tool—to a significant degree—
given timeframe, both defined by law enforce- when it comes to collecting and storing location
ment.” data.” The data is “considerably more precise
So far, Google has been the primary recipient of than other kinds of location data, including cell-
geofence warrants, in large part due to its exten- site location information because [Location
sive Location History database, known as the History] is determined based on multiple inputs,
“Sensorvault.” Google collects data from including GPS signals, signals from nearby Wi-Fi
accounts of users who opt in to Google’s Location networks, Bluetooth beacons, and cell towers.”
History service. Location History is disabled by Google refers collectively to this data, regardless
default. For Location History to collect data, a of its source, as “Location History.” Location
user must make sure that the device-location set- History data allows Google to “potentially locate
ting is activated, and that Location Reporting is an individual within about sixty feet or less,” and
enabled. This is not to say, however, that enabling in certain circumstances, down to three meters. In
Location Reporting is a difficult task. Users are fact, Location History data can “even discern ele-
often asked to opt in to Location History “multiple vation, locating the specific floor in a building
times across multiple apps.” In fact, “manually where a person might be.” However, Location
deactivating all [Location History] sharing History cannot estimate a device’s location with
remains difficult and discouraged.” absolute precision. Instead, when Google reports a
Google’s Android cell phones, which “comprise device’s location, it includes both the source from
about 74% of the total number of smartphones which the specific datapoint was derived, and a
worldwide,” “automatically have an Android “confidence interval” indicating Google’s confi-
operating system, as well as various Google apps dence in that estimated location. The smaller the
that could potentially store a user’s location.” radius, the more confident Google is in that
Apple, which makes approximately 23% of the phone’s exact location. According to Google, it
world’s smartphones, does not keep location data “aims to accurately capture roughly 68 percent of
associated with its phones, but its phones still users within [its] confidence intervals.” “[I]n
“often have various apps that . . . provide Google other words, there [is] a 68 percent likelihood that
with a specific device’s location.” In October a user is somewhere inside the confidence inter-
2018, Google estimated that approximately 592 val.”
million—or roughly one-third—of Google’s users Using the raw data that it collects, Google builds
had Location History enabled. “aggregate models” using a “proprietary, and
Once a person enables Location History, Google therefore un-reviewed, algorithm” that transforms
begins to “log[] [the] device’s location [into the the data to assist with improving Google’s ser-
Sensorvault], on average, every two minutes” by vices, including, for example, “decision-making
“track[ing] [the] user’s location across every app in Google Maps.” It also uses the data to analyze
and every device associated with the user’s “[its] customers[’] . . . travel patterns, their histo-
account.” In other words, “‘[o]nce a user opts ry patterns, to make recommendations and sell
into Location History, Google is always collecting advertising.” In short, Google does not store this
data and storing all of that data’ in the data for the purpose of law enforcement, but rather
Sensorvault.” Location History is stored within for commercial purposes.
the Sensorvault for at least eighteen months, but But, if you build it, they will come. Early on,
users may also request that the information be when law enforcement officials first started
deleted themselves. requesting geofence warrants, they would simply
Moreover, not only is the volume of data compre- ask Google to identify all users who were in a geo-
hensive, so is the quality. “Location History graphic area during a given time frame. However,
appears to be the most sweeping, granular, and Google began taking issue with these early war-
28 www.texaspoliceassociation.com • (512) 458-3140 Texas Police Journal
