# Is using your GPS smartphone as a secret "bug" to determine a person's location illegal? **URL:** \ **Category:** Factual Questions\ **Created:** [April 25, 2010, 1:59am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265 "2010-04-25T01:59:32Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [April 25, 2010, 1:59am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/1 "2010-04-25T01:59:32Z")
In playing with my fabbo new Motorola Droid there is a free downloadable app called “anti droid theft” that lets me actively track the location of the phone via GPS or cell tower triangulation if GPS is unavailable by going to the [anti droid theft website](http://www.antidroidtheft.com/). I just tried it and it works perfectly. The website delivers the mapped address of the phone based on the most recent update. It updates about every 5 minutes. It occurs to me that this could be used as a bug to track the location of a car or person if you could plant it in their luggage or purse etc. If, say, a suspicious wife installed the tracking app on her husband’s droid is she in any violation of any privacy law or similar statue? ---
**Author:** ![xash](https://avatars.discourse-cdn.com/v4/letter/x/c6cbf5/32.png) [@xash](https://boards.straightdope.com/u/xash)\ **Post date:** [April 25, 2010, 2:05am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/2 "2010-04-25T02:05:43Z")
Contradictory legal rulings regarding police using GPS to track a suspect: **[Police Used GPS Illegally, Court Rules](http://www.nytimes.com/2009/05/13/nyregion/13gps.html?_r=1&ref=nyregion)** **[Fourth Amendment is not implicated by tracking](http://www.wislawjournal.com/article.cfm/2009/05/18/Court-finds-GPS-tracking-without-search-OK-Fourth-Amendment-is-not-implicated-by-tracking)** ---
**Author:** ![xash](https://avatars.discourse-cdn.com/v4/letter/x/c6cbf5/32.png) [@xash](https://boards.straightdope.com/u/xash)\ **Post date:** [April 25, 2010, 2:08am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/3 "2010-04-25T02:08:19Z")
> **[No Warrant Required for GPS Tracking - Schneier on Security](https://www.schneier.com/blog/archives/2009/05/no_warrant_requ.html)** > > At least, according to a Wisconsin appeals court ruling: As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights—even if the drivers aren’t suspects. Officers do not need... > [@](#): > > May 15, 2009 > No Warrant Required for GPS Tracking > > At least, according to a Wisconsin appeals court ruling: > As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights – even if the drivers aren’t suspects. > > Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison. > > That means “police are seemingly free to secretly track anyone’s public movements with a GPS device,” he wrote. > > The court wants the legislature to fix it: > However, the District 4 Court of Appeals said it was “more than a little troubled” by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals. ---
**Author:** ![JoelUpchurch](https://avatars.discourse-cdn.com/v4/letter/j/f05b48/32.png) [@JoelUpchurch](https://boards.straightdope.com/u/JoelUpchurch)\ **Post date:** [April 25, 2010, 4:24am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/4 "2010-04-25T04:24:33Z")
I just looked at this product: [http://www.zoombak.com/](http://www.zoombak.com/) If using it to track someone without their knowledge is illegal, then they don’t mention it on their web site as far as I can tell. At least you would think it would rate a footnote for CYA. ---
**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\ **Post date:** [April 25, 2010, 7:42am UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/5 "2010-04-25T07:42:36Z")
Nitpick: GPS can’t track something on it’s own. GPS tells the device where it is but the device needs a transmitter to be able to broadcast it’s position. This isn’t a GPS issue it’s an issue with devices broadcasting their position. ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [April 25, 2010, 3:55pm UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/6 "2010-04-25T15:55:20Z")
Cop resigns from duty and is arrested for planting a taxpayer-owned tracking device on a woman’s car for the purpose of creating run-ins with her: [http://www.ktla.com/news/landing/ktla-costa-mesa-officer-gps,0,4953517.story](http://www.ktla.com/news/landing/ktla-costa-mesa-officer-gps,0,4953517.story) ---
**Author:** ![arseNal](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@arseNal](https://boards.straightdope.com/u/arseNal)\ **Post date:** [April 25, 2010, 4:20pm UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/7 "2010-04-25T16:20:46Z")
This does seem like a very cool app. Do you have any privacy concerns using it, **astro**? (Sorry for the hijack.) ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [April 25, 2010, 5:30pm UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/8 "2010-04-25T17:30:46Z")
Use by police is very different than use by just anyone. My non-lawyer guess would be that it wouldn’t be illegal in and of itself, but it might run afoul of anti-stalking laws. So like for example, just looking at someone with a pair of binoculars wouldn’t be illegal, but might be if part of a general campaign of stalking. What exactly the non-stalking application of secretly tracking your spouse with GPS would be is a mystery to me, but still. > [@JoelUpchurch](#): > > I just looked at this product: > [http://www.zoombak.com/](http://www.zoombak.com/) > > If using it to track someone without their knowledge is illegal, then they don’t mention it on their web site as far as I can tell. At least you would think it would rate a footnote for CYA. As a somewhat on-topic anecdote. I had a former co-worker who’s (new) company used a GPS tracking product like mentioned above to make sure they weren’t goofing off in the company vehicles. My erstwhile colleague discovered that by covering said GPS tracking thing with tinfoil, it wouldn’t work and so would occasionally disable it when he wanted to goof off. The company then secretly put a second one on his vehicle, caught him goofing off and fired him. Granted he probably wasn’t the sort to consult a lawyer, but as far as I know there was nothing improper about what they did and we live in a state with unusually strong privacy protections. ---
**Author:** ![JoelUpchurch](https://avatars.discourse-cdn.com/v4/letter/j/f05b48/32.png) [@JoelUpchurch](https://boards.straightdope.com/u/JoelUpchurch)\ **Post date:** [April 25, 2010, 9:03pm UTC](https://boards.straightdope.com/t/is-using-your-gps-smartphone-as-a-secret-bug-to-determine-a-persons-location-illegal/537265/9 "2010-04-25T21:03:15Z")
> [@IAmNotSpartacus](#): > > Cop resigns from duty and is arrested for planting a taxpayer-owned tracking device on a woman’s car for the purpose of creating run-ins with her: [http://www.ktla.com/news/landing/ktla-costa-mesa-officer-gps,0,4953517.story](http://www.ktla.com/news/landing/ktla-costa-mesa-officer-gps,0,4953517.story) I tracked down the California Penal Code Section 637.7 [http://law.onecle.com/california/penal/637.7.html](http://law.onecle.com/california/penal/637.7.html) > [@](#): > > (a) No person or entity in this state shall use an > electronic tracking device to determine the location or movement of a > person. > (b) This section shall not apply when the registered owner, > lessor, or lessee of a vehicle has consented to the use of the > electronic tracking device with respect to that vehicle. > (c) This section shall not apply to the lawful use of an > electronic tracking device by a law enforcement agency. > (d) As used in this section, “electronic tracking device” means > any device attached to a vehicle or other movable thing that reveals > its location or movement by the transmission of electronic signals. > (e) A violation of this section is a misdemeanor. > (f) A violation of this section by a person, business, firm, > company, association, partnership, or corporation licensed under > Division 3 (commencing with Section 5000) of the Business and > Professions Code shall constitute grounds for revocation of the > license issued to that person, business, firm, company, association, > partnership, or corporation, pursuant to the provisions that provide > for the revocation of the license as set forth in Division 3 > (commencing with Section 5000) of the Business and Professions Code. It looks to me like it is legal to use a tracking device on a vehicle you own, but not on other vehicles. Of course, this is a California law, so YMMV depending on the state you are in. I wonder how the word “transmission” in paragraph (d) is interpreted. An ex-boss of mine bought his son a car and put a device in it to track the speed and location of the car and record it in memory. He could then get it from the car and download the data. Would the downloading be considered a “transmission”. He told his son about it, since the purpose of the device was drive correct behavior, not catch incorrect behavior.