Mobile tracking software used by police
Police departments across the United States are using a variety of mobile tracking software to monitor the movements and activities of suspects, witnesses, and protesters. These software tools rely on data collected from popular apps that use advertising identifiers (ADIDs) to target ads based on a person's location and interests. By accessing these ADIDs, police can create detailed profiles of people's patterns of life, such as where they go, who they meet, and what they do.
Mobile tracking software used by police
What are ADIDs and how are they used?
ADIDs are unique numbers assigned to each mobile device by operating systems such as Android and iOS. They are used by app developers and advertisers to track user behavior and deliver personalized ads. For example, if a person uses an app like Waze to navigate traffic, their ADID can be used to show them ads for nearby restaurants or gas stations. Similarly, if a person uses an app like Starbucks to order coffee, their ADID can be used to show them ads for other products or services that they might like.
While ADIDs are supposed to be anonymous and can be reset by users, they can also be linked to other personal information, such as phone numbers, email addresses, or social media accounts. This can allow third parties, such as data brokers or law enforcement agencies, to identify and track individuals based on their ADIDs. For example, if a person uses an app like Facebook to log in to another app, their ADID can be matched with their Facebook profile, which may contain their name, photo, location, friends, and interests.
What are some examples of mobile tracking software used by police?
One of the most widely used mobile tracking software by police is Fog Reveal, developed by a Virginia-based company called Fog Data Science LLC. Fog Reveal allows police to search hundreds of billions of records from 250 million mobile devices, and harness the data to create location analyses known among law enforcement as "patterns of life" . Police have used Fog Reveal since at least 2018 in criminal investigations ranging from the murder of a nurse in Arkansas to tracing the movements of a potential participant in the Jan. 6 insurrection at the Capitol .
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Fog Reveal obtains its data from app developers and advertisers that use ADIDs to target ads. Fog officials say that they only collect data from apps that have user consent and that they do not sell or share data with anyone other than law enforcement customers . However, critics argue that Fog Reveal provides police with "mass surveillance on a budget" and that its use may violate privacy rights and due process protections. For example, some police departments have used Fog Reveal without search warrants or court orders , and some defense attorneys have not been informed of its use in their cases .
Another example of mobile tracking software used by police is Cellebrite UFED (Universal Forensic Extraction Device), developed by an Israeli company called Cellebrite Mobile Synchronization Ltd. Cellebrite UFED allows police to extract and analyze data from mobile devices that are seized or confiscated during investigations. Cellebrite UFED can access not only basic information such as contacts, call logs, messages, photos, and videos, but also deleted or encrypted data from apps such as WhatsApp, Signal, Telegram, or TextSecure . Police have used Cellebrite UFED in various cases involving terrorism, drug trafficking, child exploitation, and homicide .
Cellebrite UFED requires physical access to the mobile device and usually needs the device to be unlocked or bypassed. Cellebrite claims that its products are designed to help law enforcement solve crimes and protect public safety . However, opponents contend that Cellebrite UFED poses a threat to civil liberties and digital security. For instance, some human rights activists have accused Cellebrite of selling its products to authoritarian regimes that use them to crack down on dissidents and journalists . Moreover, some hackers have claimed to have breached Cellebrite's systems and exposed its vulnerabilities .
What are some of the legal and ethical issues surrounding mobile tracking software used by police?
The use of mobile tracking software by police raises several legal and ethical questions that have not been fully resolved by courts or legislatures. Some of these questions include:
Do police need a warrant or probable cause to use mobile tracking software, or can they use it with a lower standard of evidence or without any judicial oversight?
Do police need to notify or disclose to suspects, witnesses, or defendants that they have used mobile tracking software in their investigations, or can they keep it secret or obscure?
Do police need to retain or delete the data collected by mobile tracking software, or can they store it indefinitely or share it with other agencies or entities?
Do police need to follow any guidelines or protocols to ensure the accuracy, reliability, and validity of the data obtained by mobile tracking software, or can they use it without any quality control or verification?
Do police need to respect the privacy, consent, and autonomy of the people whose data is captured by mobile tracking software, or can they disregard their rights and interests?
The answers to these questions may vary depending on the type, source, and scope of the data involved, as well as the jurisdiction, purpose, and context of the investigation. However, some general principles that may apply are:
Police should use mobile tracking software only when necessary and proportionate to the seriousness of the crime and the availability of other means of evidence.
Police should use mobile tracking software only with a warrant or court order based on probable cause and specific information about the target and the data sought.
Police should use mobile tracking software only with transparency and accountability, informing and disclosing to the relevant parties and authorities about their methods and results.
Police should use mobile tracking software only with integrity and responsibility, ensuring the accuracy, reliability, and validity of the data and respecting the privacy, consent, and autonomy of the people affected.
Conclusion
Mobile tracking software used by police is a powerful tool that can help solve crimes and protect public safety. However, it is also a potentially invasive tool that can infringe on civil liberties and digital security. Therefore, it is important that police use mobile tracking software with caution and care, following legal and ethical standards that balance the interests of justice and privacy.
Sources:
[How an obscure cellphone tracking tool provides police ‘mass surveillance on a budget’]
[How Police Track People Using High-Tech Surveillance Tools]
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