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How Your Phone Is Being Used for Warrant-less Tracking

by Suzanne Kantra on October 24, 2024

This article is based on information Atlas Data Privacy Corp. shared with Krebs On Security, NOTUS, The New York Times, 404 Media, and Haaretz, and these outlets’ reporting.

Your smartphone isn’t just a tool for communication, navigation, and entertainment – it's a tracking device. Every time you use an app, browse the web, or even just carry your phone in your pocket, data about your location is quietly collected and shared. And while many assume this data is only used for targeted advertising, the reality is far more invasive. This location information can be accessed by law enforcement agencies, private investigators, and even the public, putting your privacy and safety at risk.

Recent investigations by Atlas Privacy, a company focused on protecting consumer data, have shown just how easily this data can be used to track individuals without their knowledge or consent. Using a tool called Locate X, which was developed by Babel Street, Atlas researchers demonstrated how phone location data is being sold to law enforcement, private companies, and individuals, enabling them to track movements without a warrant.

Screenshot showing location data from Google Tracking History.

How it works

Every smartphone is assigned a Mobile Advertising ID (MAID), a unique identifier that allows companies to track users across apps and websites. Whenever you use an app – whether it's for weather, maps, or fitness tracking – your location data is collected and shared with advertisers. These advertisers, in turn, sell the data to brokers who aggregate it and sell it again, often to companies like Babel Street, which repackages the information into tools such as Locate X​, according to Brian Krebs.

Read moreSocial Media's Shocking Data Harvesting & Sharing Practices Exposed

Locate X allows users to draw a digital boundary, or geofence, around any location – a person’s home, a clinic, or a protest site – and track every mobile device that enters that area. The data is typically a few days old, but the tracking is precise. Researchers demonstrated the tool’s capabilities by following a phone from Alabama, where abortion is largely banned, to a clinic in Florida, where the procedure is still legal. This person’s movements were traceable in disturbing detail – from their home to a hardware store, across state lines, and finally to the clinic. (You can read more details in the 404 Media and Notus stories).

While many assume that this kind of tracking requires a warrant, it does not. Since the data comes from commercial sources, law enforcement agencies and private companies can purchase it without needing any legal authorization. And this isn’t an isolated capability – tools like Locate X are available to anyone willing to pay for them, including private investigators, according to Krebs.

Who is at risk

The availability of such detailed tracking poses a significant risk to various groups and activities. The most alarming dangers include:

Tracking abortion seekers

With abortion access becoming more restricted in several states, law enforcement agencies or anti-abortion activists can use location data to track people seeking reproductive health services in other states. For example, Atlas used Locate X to monitor a device that traveled from Alabama to an abortion clinic in Florida. This surveillance can result in legal action, or worse, harassment or violence against those seeking healthcare. The overturning of Roe v. Wade has only heightened the risk, with some states enacting laws that penalize people who cross state lines for abortions.

Warrantless government surveillance

Tools like Locate X allow law enforcement agencies to bypass traditional legal safeguards, such as warrants. This means that your location data could be accessed and used in investigations without your knowledge or any judicial oversight. This undermines basic privacy rights and opens the door for abuse.

Protestor and activist tracking

In times of civil unrest, government agencies and other groups can use mobile location data to identify and track protestors. In one case, law enforcement agencies used location data to monitor protestors in the U.S. following the Black Lives Matter demonstrations. This kind of tracking not only infringes on the right to privacy but also on the right to peaceful protest.

Unmasking journalists and their sources

Investigative journalists often rely on anonymity to protect their sources, but location data can easily expose them. By tracking the movements of journalists, government agencies or other entities can identify sources and undermine critical reporting. This is particularly concerning in regions where press freedom is under threat.

Read moreThe Best VPNs for Protecting Your Privacy

Doxxing law enforcement, judges, and government officials

Private investigators have used tools like Locate X to track the daily movements of law enforcement officers, judges, and government officials, putting them at risk of doxxing or harassment. In one instance, a private investigator tracked the movements of police officers in New Jersey, revealing not just their work locations but also their homes and daily routines, according to Atlas. This capability poses a significant safety risk for public servants and their families, as they become vulnerable to targeted attacks​ (Read the details on Krebs On Security).

Juror and witness targeting

The data could also be used to identify jurors or other participants in legal proceedings. Atlas’ investigations showed that Locate X was used to track the movements of potential jurors in a New Jersey courtroom, raising concerns about the possibility of interfering with or influencing judicial processes. This type of tracking could lead to intimidation or coercion of jurors or witnesses, threatening the integrity of the legal system.

Religious and cultural targeting

The data collected through mobile tracking tools like Locate X can be used to monitor individuals at places of worship, which raises concerns about religious freedom and safety. Atlas demonstrated that Locate X was used to track devices at a mosque in Michigan, a synagogue in Los Angeles, and other sensitive religious locations. This kind of tracking could be used to surveil specific religious groups, leading to potential targeting or profiling based on religious practices. Such data can also expose individuals traveling internationally to religiously significant locations, further increasing the risk of surveillance and persecution.

Why is this legal?

At the heart of this issue is the unregulated nature of the data broker industry. In the U.S., there is no comprehensive federal law governing the sale or use of personal data. This means that companies like Babel Street can legally purchase location data from brokers without violating any laws. Data brokers often claim that the information is "anonymized," but investigations have shown that it’s easy to de-anonymize this data and trace it back to individuals​.

Senator Ron Wyden (D-OR) has been a vocal critic of this legal loophole, calling for legislation that would require judicial oversight before law enforcement can access location data. Wyden has also criticized companies like Google for allowing this kind of tracking through their advertising systems. “Google’s insistence on uniquely tracking Android users – and allowing ad companies to do so as well – has created the technical foundations for the surveillance economy,” he said in an interview with Krebs​.

How to protect yourself

The good news is that there are steps you can take to limit tracking, though it will not completely eliminate the risk.

Disable or reset your Mobile Ad ID

Every smartphone has a Mobile Advertising ID that companies use to track your activities. Disabling or resetting this ID can reduce the amount of data available to brokers.

  • For Android users: Go to Settings > Privacy Controls > Ads, and tap Delete advertising ID​.
  • For Apple users: Go to Settings > Privacy & Security > Tracking, and turn off Allow Apps to Request to Track.

Limit App Permissions

Many apps request access to your location data, even when it’s not necessary. You can manage which apps have access by adjusting the permissions on your device. On Android, go to Settings > Location > App Permissions and choose which apps are allowed to use your location. On iPhones, go to Settings > Privacy & Security > Location Services and adjust permissions for each app.

Read moreWhy You Should Delete Your Data from 23andMe Now

Final thoughts

The sale of mobile location data has created a surveillance ecosystem that leaves your personal movements vulnerable to tracking. Whether you’re seeking healthcare, attending a protest, or simply living your daily life, your privacy is at risk. While turning off your Mobile Ad ID and limiting app permissions can help, the broader issue lies in the unregulated nature of data collection and sale. Until comprehensive privacy laws are enacted, this tracking will continue, and everyone remains at risk.

[Image credit: Screenshot via Techlicious]

For the past 20+ years, Techlicious founder Suzanne Kantra has been exploring and writing about the world’s most exciting and important science and technology issues. Prior to Techlicious, Suzanne was the Technology Editor for Martha Stewart Living Omnimedia and the Senior Technology Editor for Popular Science. Suzanne has been featured on CNN, CBS, and NBC.


Topics

News, Phones and Mobile, Cell Phones, Mobile Apps, Blog, Privacy


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