Apple AirTags Dangers: Is GPS Tracking an Invasion of Privacy In Ohio?
Must Read Tips To Avoid Unwanted Malicious GPS Tracking From Apple AirTags
Warnings have been issued by attorneys general in NY and Pennsylvania recently regarding malicious intent with Apple’s tracking device, the AirTag, as instances of people receiving notifications on their phone that their location is being tracked has risen over the last few months.
The AirTag was originally designed by Apple as a method of tracking easily lost items, like keys, backpacks, luggage, etc., using BlueTooth technology. According to Patch.com, though, the devices are being found by unsuspecting victims in “various places including in bags and pockets, under cars, inside of bumpers and the back of license plates.”
“It’s something about the size of a quarter and if you think about that, I mean, you can really hide a quarter just about anywhere. It can be slipped into a pocket or a purse, could be stuck to a car if you want to track someone’s car,” said Alex Hamerstone, a tech expert at TrustedSec.
GPS Tracking Not Considered Invasion of Privacy in Civil Litigation
This has been a growing issue in Ohio as well over the last few months. A Cleveland woman told ABC News 5 that she discovered an AirTag device had been taped to the underside of her car after parking in a parking garage near her gym. The device had tracked her for hours before she was alerted by her iPhone.
A 21-year old woman from Akron, Ohio had a similar experience when she realized that an Apple AirTag had been snuck into her car sometime in October and had been tracking her location. She told WKYC 3News she was surprised though, when Akron police did not pursue an investigation of her case. According to Summit County Prosecutor, Sherri Bevan Walsh, Ohio law is tricky when it comes to GPS tracking and stalking cases.
In 2018, Ohio’s 8th District Court of Appeals ruled that GPS tracking isn’t considered an invasion of privacy in terms of civil litigation in Ohio, as the court reasoned that “secretly attaching a GPS tracking device on a person’s car and tracking their movements was no different than a citizen watching a car drive down a public road”, according to a WKYC 3News report from February 14. Click here to read the decision in Moran v. Lewis.
GPS tracking Crackdown In Other States
Though, states like New York, are cracking down on the inappropriate use of those GPS tracking devices.
“Tracking people without their awareness or consent is a serious felony and will not be tolerated by my office,” said New York’s Attorney General, Latitia James.
In response to the growing concerns, Apple Support has released the following tips for both iPhone and Android users to avoid unwanted tracking by one of its devices.
Tips for Unwanted Tracking by an Apple Device
- Go to your Apple device’s settings, and turn ON “Location Services”, “Find My iPhone”, “Significant Locations”, “Bluetooth”, and “Safety Alerts”. Having these services ON will then notify you if an unknown AirTag or other Apple tracking device has been with you. (Having these services turned off will not stop an unknown device from tracking your location).
- For non iOS or smartphone users, an AirTag that has been away from the owner of the device for a period of time will emit a sound when it is moved. If you have a suspicion that an unwanted AirTag is near you, Android users can download the “Tracker Detect” app from Google Play to find the device.
- If there is an unknown Apple AirTag traveling with you, your phone will get an alert that reads: “AirTag Found Moving With You: The location of this AirTag can be seen by the owner”. You can open this notification to then have the device play a sound to locate where it is.
- If you find the device, your iPhone will display information about the device, including the serial number and how to disable the device. The “Tracker Detect” app for Android users will emit a similar sound, and provide the same information regarding the device. If you feel your safety is at risk, you can screenshot and pass the information along to local police, and they can work with Apple to find the device’s owner.
- If you cannot find the device and you feel your safety is at risk, you can go to a public location and contact law enforcement.
PUBLISHER’S NOTE: This excellent blog was written by one of our former paralegals, Kaylyn Hohn. She is now working in Wilkes-Barre, PA. Everyone at HCM&M misses you a lot Kaylyn!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
