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Separating Stalkers From Tracking Technology [State Legislatures](State Legislatures Via Acquire Media NewsEdge) The electronic devices most of us carry can identify where we are at any moment. Usually, it's a feature we've requested-a navigation app that provides directions, an app such as Foursquare that lets friends know where we are, a taxi app that tells the driver where to pick us up. Parents can keep an eye on their children, caregivers can make sure Alzheimer's patients are safe and businesses can monitor company vehicles. But stalkers and abusers also are discovering tracking technology, especially as it becomes cheaper and more available. Some stand-alone devices are small enough to be hidden under a car or in the trunk or placed in a backpack or purse. They are marketed as tools to spy on cheating spouses and have pricetags of under $200. Today, one in four stalking cases involves some sort of technology, and one in 13 involves electronic monitoring or GPS tracking, a U.S. Justice Department survey estimated. State legislatures are taking action. In July, New York enacted "Jackie's Law" in honor of Jacqueline Wisniewski, whose surgeon ex-boyfriend stalked and killed her in 2012 after putting a GPS device in her car. The law adds unauthorized GPS tracking as a crime under the state's anti-stalking law. "It's appalling that this action alone was not illegal," said Senator Tim Kennedy (D), a sponsor of the legislation. "Survivors of domestic violence are in dire need of this protection, which will ensure law enforcement and prosecutors have the power to intervene in domestic violence cases before it's too late." At least 10 states prohibit unauthorized tracking. Delaware, Illinois, Michigan, Tennessee and Texas prohibit the secret installation of a tracking device on a vehicle. California, Hawaii, Louisiana, Minnesota and Virginia prohibit placing devices on other movable objects as well, or they simply prohibit using a device to track a person surreptitiously. The laws typically provide exceptions for law enforcement. Some states also allow their use by private investigators, owners of business vehicles and parents, so they can put devices on their children's vehicles. Location-tracking applications for smartphones also are increasingly popular, especially with parents and families. Many of the are obvious-so that the person using cell phone knows that his or her location is shared. Also, on most cell phones, users can turn off location-tracking features, and many people have done so due to privacy concerns. A Pew Research Center survey found that 35 percent of adults who have downloaded apps have turned off location tracking at some point. But location tracking also can be installed on users' smartphones without their knowledge. If the phone is owned by a spouse or significant other, he or she has the right to install the app. Domestic violence shelters often advise victims to check for mobile spyware or to turn off their phones entirely. All states have laws that address secretly intercepting or recording telephone conversations, and, in many states, electronic communications as well. Eighteen states have laws that prohibit downloading spyware to computers. Laws in all 50 states include electronic communications in stalking or harassment laws. Fewer states, however, have addressed the technologies designed to track a person's location. -Pam Greenberg (c) 2014 National Conference of State Legislatures |