Jennifer Lynch at the Electronic Frontier Foundation discusses the use by law enforcement of data stored in a Google database called Sensorvault. She also references a good New York Time article which shows specific uses of the data by police.
The data is collected by Google Apps and stored indefinitely in Sensorvault.
“The data Google is turning over to law enforcement is so precise that one deputy police chief said it “shows the whole pattern of life.” It’s collected even when people aren’t making calls or using apps, which means it can be even more detailed than data generated by cell towers.’
This technique is problematic for several reasons. First, unlike other methods of investigation used by the police, the police don’t start with an actual suspect or even a target device—they work backward from a location and time to identify a suspect. This makes it a fishing expedition—the very kind of search that the Fourth Amendment was intended to prevent. Searches like these—where the only information the police have is that a crime has occurred—are much more likely to implicate innocent people who just happen to be in the wrong place at the wrong time. Every device owner in the area during the time at issue becomes a suspect—for no other reason than that they own a device that shares location information with Google.
As the Times article notes, this technique implicates innocent people and has a real impact on people’s lives. Even if you are later able to clear your name, if you spend any time at all in police custody, this could cost you your job, your car, and your ability to get back on your feet after the arrest. One man profiled in the Times article spent nearly a week in police custody and was having trouble recovering, even months after the arrest. He was arrested at work and subsequently lost his job. Due to the arrest, his car was impounded for investigation and later repossessed. These are the kinds of far-reaching consequences that can result from overly broad searches, so courts should subject geo-location warrants to far more scrutiny.
