The unauthorized installation and use of GPS tracking devices and mobile phone apps directly leads to murders, theft, stalking, and other privacy violations. Last month, prosecutors alleged that a Philadelphia woman placed a GPS tracker in her boyfriend’s car, which led three other individuals to find and murder him. In Miami, a man attached GPS tracking devices to individuals’ cars and then burglarized their homes when the cars weren’t there.
Nationwide, an estimated 1 in 7 women and 1 in 18 men have been stalked to the point of being fearful that they or people close to them would be harmed, with GPS tracking devices used in 40 percent of stalking cases.
These crimes are preventable. The Florida Legislature recognized the real danger to its citizens of unauthorized tracking, especially given the absence of federal legislation. Written and sponsored by state Rep. Toby Overdorf, the bills Florida CA/HB 401 and CS/SB 758 Tracking Devices and Applications just passed unanimously through both the Florida House and Senate.
Once signed by Florida Gov. Ron DeSantis, the new law will be effective on Oct. 1, raising unauthorized installation or use of tracking devices from a second-degree misdemeanor with a maximum of six months in jail and a $500 fine to a felony with a maximum of five years in jail and a $5,000 fine. In addition to deterring criminals, the felony charge gives police greater authority to obtain a search warrant to determine who purchased the device or downloaded the software, or who is using the device to track victims. It remains lawful to use a tracking device or application for minor children, elderly, or disabled persons who are in an individual’s guardianship, as well as business entities to track business vehicles and other assets.
Although 25 other states and the District of Columbia have some legislation around tracking privacy, only six states, including Florida, broadly prohibit tracking without an individual’s consent. Florida’s new legislation will be the harshest in the United States and is especially important, given that trackers are very easy to obtain in stores and online. Tracking devices, despite their small size at roughly 1.25 inches, are big business. Since 2021, Apple, for example, has sold more than 55 million AirTags at a retail price of $29 each, generating more than $1 billion in revenue. Stalking victims recently filed a class-action lawsuit in California against Apple for the negligent misuse of its AirTag tracking devices, which are described as the “weapon of choice” by stalkers.
The second most popular tracking device is Tile, with more than 40 million sold, at similar individual unit prices and a bundle of four Tiles for $44. Other manufacturers include Chipolo, Pebblebee, and Samsung. There are also a range of free, freemium, and subscription model mobile tracking apps such as mSpy, Find My iPhone, and Eyezy that can be installed relatively quickly.
With stalking technology ubiquitous, and new victims across the country, state legislatures can and should do more. Florida’s new legislation is a model for severe criminal penalties for installing, placing, or using a tracking device or app without an individual’s consent.
