S.T.O.P. Welcomes Introduction Of NY Geolocation Tracking Ban

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For Immediate Release


S.T.O.P. Welcomes Introduction Of NY Geolocation Tracking Ban, Blocks Use Of COVID-19 Surveillance In Criminal Cases
 
Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, welcomed the introduction of New York State legislation that would ban geolocation tracking, citing growing concerns over how location data collected in the state’s battle against COVID-19 can be used by police. The bill, which was introduced by Assembly Member Dan Quart of Manhattan, would be the first state ban in the country for both warrantless geolocation data collection and so-called “reverse search warrants,” which can okay the tracking of thousands of individuals through a single judicial order.
 
SEE: Geolocation Tracking Ban - A10246 Bill Text
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A10246&term=2019&Summary=Y&Actions=Y&Memo=Y&Text=Y
 
SEE: This unsettling practice turns your phone into a tracking device for the government
https://www.fastcompany.com/90452990/this-unsettling-practice-turns-your-phone-into-a-tracking-device-for-the-government
 
“We are deeply alarmed by federal, state and local officials’ growing use of warrantless location tracking and so-called ‘reverse search warrants,” said surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “While this type of tracking may be appropriate for some public health officials, it’s outrageous that this information is being shared with police. COVID-19 cannot grant New York’s police departments a blank check for surveillance. Even when police gain a warrant, wide-area geolocation searches make a mockery of the Constitution. When a single court order okays searches on hundreds or even thousands of individuals, it undermines the entire purpose of requiring warrants in the first place. The judges approving these orders simply can’t know how much data they’re handing over to law enforcement when they approve the request.”
 
"I’m proud to introduce this bill, the first of its kind in the nation,” said Assembly Member Dan Quart. "Individualized justice is a fundamental tenet our criminal legal system; no one should be punished for someone else’s crime. By the same token, whole neighborhoods shouldn’t be investigated and lose their privacy rights simply because law enforcement is looking for a shortcut."
 
Last month, the privacy group condemned a federal / state partnership to track Americans social distancing with warrantless location searches.  The program reportedly provides information on Americans’ movements in over 500 cities, giving data on apparent crowding to local officials, including police.
 
SEE: S.T.O.P. Condemns Federal, State Warrantless Cellphone Tracking Program for COVID-19 Social Distancing
https://www.stopspying.org/latest-news/2020/3/28/stop-condemns-federal-state-warrantless-cellphone-tracking-program-for-covid-19-social-distancing
 
In 2019, the group also condemned the office of Manhattan District Attorney Cy Vance for using so-called “reverse search warrants” to track the locations of large numbers of New Yorkers. Unlike traditional search warrants, which target the data for a single phone or account, reverse search warrants sweep up information on all the individuals in a specific location (a block, or a neighborhood) at a given time. Under the proposed legislation, reverse search warrants would be outlawed.
 
S.T.O.P. Condemns Manhattan DA Reverse Search Warrant As ‘Digital Dragnet’
https://www.stopspying.org/latest-news/2019/8/12/stop-condemns-manhattan-da-reverse-search-warrant-as-digital-dragnet

The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
 
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