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A2   UP FRONT
             Wednesday 28 september 2022
             Senators push to reform police's cellphone tracking tools



            By JASON DEAREN and GA-                                                                                             privacy  advocates  that  it
            RANCE BURKE                                                                                                         violates the Fourth Amend-
            Associated Press                                                                                                    ment  to  the  U.S.  Constitu-
            NEW  YORK  (AP)  —  Civil                                                                                           tion, which protects against
            rights  lawyers  and  Demo-                                                                                         unreasonable  search  and
            cratic senators are pushing                                                                                         seizure.
            for  legislation  that  would                                                                                       Advocates  on  both  sides
            limit  U.S.  law  enforcement                                                                                       of the aisle should be con-
            agencies' ability to buy cell-                                                                                      cerned  about  unrestricted
            phone tracking tools to fol-                                                                                        government  use  of  Fog
            low people's whereabouts,                                                                                           Reveal,  said  former  Vir-
            including  back  years  in                                                                                          ginia Republican Rep. Bob
            time,  and  sometimes  with-                                                                                        Goodlatte,  who  previously
            out a search warrant.                                                                                               served  as  U.S.  House  Judi-
            Concerns about police use                                                                                           ciary Chairman.
            of  the  tool  known  as  "Fog                                                                                      "Fog  Reveal  is  easily  de-
            Reveal"  raised  in  an  inves-                                                                                     anonymized  tracking  of
            tigation by The Associated                                                                                          Americans'  daily  move-
            Press  published  earlier  this                                                                                     ments  and  location  histo-
            month  also  surfaced  in  a                                                                                        ries. Where we go can say
            Federal  Trade  Commis-                                                                                             a  lot  about  who  we  are,
            sion  hearing  three  weeks                                                                                         who  we  associate  with,
            ago. Police agencies have                                                                                           and even what we believe
            been using the platform to                                                                                          or  how  we  worship,"  said
            search  hundreds  of  billions   Former police data analyst Davin Hall uses the Waze navigation app while driving through Greens-  Goodlatte, who now works
            of  records  gathered  from   boro, N.C., on Wednesday, June 22, 2022.                                              as  a  senior  policy  advisor
            250 million mobile devices,                                                                        Associated Press  to  the  Project  for  Privacy
            and  hoover  up  people's                                                                                           and  Surveillance  Account-
            geolocation  data  to  as-   said Sen. Ed Markey, a Mas-  company  does  not  have  easily be used to find where  ability.  "The  current  politi-
            semble  so-called  "patterns  sachusetts Democrat.        access  to  people's  per-   a mobile device user lives,  cal climate means that this
            of life," according to thou-  Panelists  and  members  of  sonal  information,  nor  are  which  violates  rules  the  technology could be used
            sands  of  pages  of  records  the public who took part in  search  warrants  required.  commission  enforces.  And  against  people  left,  right
            about the company.           the FTC hearing also raised  The  company  refused  to  a  bill  introduced  by  Sen.  and  center.  Everyone  has
            Sold by Virginia-based Fog  concerns about how data  share  information  about  Ron Wyden that is now be-           a stake in curbing this tech-
            Data Science LLC, Fog Re-    generated     by   popular  how many police agencies  fore Congress seeks to reg-      nology."
            veal  has  been  used  since  apps is used for surveillance  it works with.            ulate the way government  The  New  York  Police  De-
            at least 2018 in criminal in-  purposes,  or  "in  some  cas-  Fog Reveal was developed  agencies can obtain data  partment  used  Fog  Re-
            vestigations  ranging  from  es, being used to infer iden-  by two former high-ranking  from data brokers and oth-  veal at its Real Time Crime
            the murder of a nurse in Ar-  tity and cause direct harm  Department  of  Homeland  er private companies, at a  Center in 2018 and 2019, a
            kansas to tracing the move-  to people in the real world,  Security  officials  under  for-  time  when  privacy  advo-  previously undisclosed rela-
            ments of a potential partici-  in  the  physical  world  and  mer  President  George  W.  cates worry location track-  tionship confirmed by pub-
            pant in the Jan. 6 insurrec-  being  repurposed  for,  as  Bush.  It  relies  on  advertis-  ing  could  be  put  to  other  lic records. A spokesperson
            tion at the Capitol. The tool  was mentioned earlier, law  ing  identification  numbers,  novel uses, such as keeping  said  in  an  emailed  state-
            is rarely, if ever, mentioned  enforcement  and  national  which Fog officials say are  tabs  on  people  who  seek  ment  that  the  NYPD  used
            in court records, something  security purposes," said Sta-  culled  from  popular  cell-  abortions in states where it  Fog on a trial basis, "strictly
            that defense attorneys say  cey Gray, a senior director  phone apps such as Waze,  is now illegal.                  in  the  interest  of  develop-
            makes it harder for them to  for U.S. programs for the Fu-  Starbucks  and  hundreds  "It  wasn't  long  ago  that  ing  leads  for  criminal  in-
            properly  defend  their  cli-  ture of Privacy Forum.     of  others  that  target  ads  it  would  take  high-tech  vestigations  and  lifesaving
            ents  in  cases  in  which  the  The  FTC  declined  to  com-  based on a person's move-  equipment or a dedicated  operations  such  as  missing
            technology was used.         ment  specifically  about  ments  and  interests,  ac-    group  of  agents  to  track  persons."  The  department
            "Americans are increasing-   Fog Reveal.                  cording  to  police  emails.  a   person's   movements  did not say if it was success-
            ly aware that their privacy  Matthew  Broderick,  a  Fog  That information is then sold  around  the  clock.  Now,  ful in either scenario.
            is evaporating before their  managing partner, told AP  to companies like Fog.         it  just  takes  a  few  thou-  Two  nonprofits  that  have
            eyes,  and  the  real-world  that local law enforcement  Federal  oversight  of  com-  sand  dollars  and  the  will-  supported  privacy  rights
            implications  can  be  dev-  was at the front lines of traf-  panies like Fog is an evolv-  ingness  to  get  in  bed  with  cases in New York City said
            astating.  Today,  compa-    ficking and missing persons  ing  legal  landscape.  Last  shady  data  brokers,"  said  the tool exploited consum-
            nies  we've  all  heard  of  as  cases, but often fell behind  month,  the  Federal  Trade  Wyden, an Oregon Demo-  ers' personal data and was
            well  as  companies  we're  in technology adoption.       Commission  sued  a  data  crat.  "It  is  an  outrage  that  "ripe for abuse," according
            completely unaware of are  "We  fill  a  gap  for  under-  broker   called   Kochava  data  brokers  are  selling  to Surveillance Technology
            collecting  troves  of  data  funded  and  understaffed  that,  like  Fog,  provides  its  detailed  location  data  to  Oversight Project Executive
            about where we go, what  departments,"  he  said  in  clients  with  advertising  IDs  law enforcement agencies  Director Albert Fox Cahn.
            we  do,  and  who  we  are,"  an  email,  adding  that  the  that  authorities  say  can  around  the  country  —  in-  "The lack of any meaning-
                                                                                                   cluding in states that have  ful regulation on the collec-
                                                   LIKE US ON                                      made  personal  reproduc-    tion and sale of app data
                                                                                                   tive  health  decisions  into  is both a consumer and pri-
                                                                                                   serious crimes."             vacy crisis," Legal Aid Soci-
                                                                                                   Because  of  the  secrecy  ety Staff Attorney Benjamin
                                                                                                   surrounding  Fog,  there  are  Burger  wrote  in  a  recent
                                                                                                   scant details about its use.  post.  "Both  federal  and
                                                                                                   Most   law    enforcement  state  governments  need
                                      Facebook.com/arubatoday/                                     agencies  won't  discuss  it,  to develop policies that will
                                                                                                   raising  concerns  among  protect consumer data."q
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