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Sunday 17 December 2023

Google moves to end geofence warrants, a surveillance problem it largely created

 In the near future, Google plans to enable users to store their location information on personal devices instead of its own servers. This move will put an end to a prolonged surveillance practice that gave police and law enforcement access to the extensive collection of location data at Google's disposal for identifying potential criminals.


Geofence warrants have witnessed a remarkable surge in popularity over the past few years, mainly due to the extensive prevalence of smartphones and data-gobbling companies like Google who accumulate and archive vast quantities of their users' location information. Subsequently, this data becomes available for law enforcement purposes upon request.

Geofence warrants, also referred to as reverse-location warrants, enable the police to request Google for data on devices utilized by particular users within a designated geographical region at a specific moment in time.

Geofence warrants have been criticized for being unconstitutional and excessively broad as they often encompass the personal details of individuals who were in close proximity to a crime scene, despite their innocence. The legality of these demands is also a point of contention among courts, potentially leading to an eventual Supreme Court challenge.

While Google's recent announcement did not explicitly address geofence warrants, the company stated that storing location data on devices would provide users with greater autonomy over their information. In truth, this practice compels law enforcement to obtain a search warrant for access to an individual device instead of requesting data from Google.

Google is not the only corporation to face geofence warrants, but it has amassed the most sensitive location information and was the initial recipient.

In 2019, it was disclosed that police had been obtaining users' location data from Google. For several years now, Google has heavily relied on this information to fuel its advertising operations. In fact, in 2022 alone, the company's ad revenue generated nearly $220 billion and accounted for roughly 80% of its total yearly earnings.

However, the scope of this surveillance method is widely speculated to extend beyond its apparent limitations. Law enforcement authorities have extended their requests for location information from other entities as well. Microsoft and Yahoo (TechCrunch's parent company) are recognized beneficiaries of geofence warrants; yet neither organization has revealed exactly how many times they have been requested to disclose users' whereabouts data.

Law enforcement employs comparable legal requests, known as "reverse keyword" warrants, to uncover Google accounts that searched for a specific keyword during a certain period before an offense occurred. It remains uncertain if Google intends on patching the loophole enabling police and other authorities to serve "reverse keyword" warrants demanding users' search queries.

Geofence warrants may not disappear abruptly. As long as Google stores significant amounts of historical location data, law enforcement agencies can access it until the company decides to discard it. Moreover, tech firms possess substantial collections of users' geographic information and are also vulnerable to comparable legal requirements.


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