Nevada Police Tracking Cellphone Locations Without Warrants

In January 2023, the Nevada Department of Public Safety entered into a contract with Fog Data Science, a company that provides access to location data collected from smartphones. This agreement allows Nevada law enforcement to track devices in real-time without obtaining a warrant, raising significant privacy concerns among experts and civil rights advocates. The contract permits over 250 queries per month, enabling police to analyze "patterns of life" and deduce personal habits, such as work locations and social associations.

The Nevada Independent

Privacy advocates have expressed alarm regarding the implications of this technology on civil liberties. Jacob Valentine, a staff attorney at the American Civil Liberties Union of Nevada, highlighted the potential for abuse, stating, "I think there's more and more attempts to track where we are at all times and circumvent the warrant process." Critics argue that while users may consent to location tracking through apps, they are often unaware that this data can be accessed by law enforcement.

The Nevada Independent

The Nevada Department of Public Safety has defended the use of Fog's technology as a necessary tool for enhancing public safety, particularly amid chronic staffing shortages. Officials assert that the software will only be used for specific criminal investigations and not for generalized tracking. They emphasized adherence to established state procurement laws and constitutional protections, stating that the tool would be employed under controlled circumstances by trained personnel.

The Nevada Independent

Legal experts have raised constitutional concerns regarding the use of this technology. John Piro, a public defender at the Clark County Public Defender's Office, called the practice "unconstitutional," referencing the Supreme Court's 2018 decision in Carpenter v. United States, which ruled that accessing detailed cell location data constitutes a search requiring a warrant. Piro warned that the technology could unjustly label individuals as suspects based solely on their location data.

The Nevada Independent

The contract with Fog Data Science is part of a larger trend in Nevada, where law enforcement agencies increasingly utilize surveillance tools, including automated license plate readers. In March 2023, Nevada Attorney General Aaron Ford joined a call for Congress to regulate data broker information, reflecting growing concerns over the lack of oversight in surveillance practices. Critics, including Beryl Lipton from the Electronic Frontier Foundation, have pointed out that the low cost of such technology incentivizes local governments to adopt it without thorough public discussion or regulatory frameworks.

The Nevada Independent

While the Nevada Department of Public Safety maintains that the technology will not be used for indiscriminate monitoring, concerns persist regarding its potential misuse, particularly in tracking individuals exercising their First Amendment rights. As discussions about surveillance technology continue, the need for clear regulations and accountability measures becomes increasingly urgent.

The Nevada Independent

• "It's alarming." — Jacob Valentine, Staff Attorney, ACLU of Nevada

The Nevada Independent

• "Just because you choose to navigate with an app like Waze doesn't mean you consent to the government being able to see all of your movements." — John Piro, Public Defender, Clark County Public Defender's Office

The Nevada Independent

• "You can cover a lot of ground with 250 queries." — Beryl Lipton, Researcher, Electronic Frontier Foundation

The Nevada Independent

• "Fog Data Science provides access to lawfully obtained, commercially and ethically sourced mobile advertising data." — Mark McGinnis, Chief Privacy Officer, Fog Data Science

The Nevada Independent

This situation underscores the ongoing debate over privacy rights and law enforcement's access to personal data in an increasingly digital world.

The Nevada Independent