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In this blog, there have been various references to the ubiquity of technology. See Assume Everyone is Watching (September 2015); Evolving Issue of Body Cameras (July 2018); Artificial Intelligence Surveillance (August 2020); Surveillance, Conflicting Rights, and Balance (May 2021); and Drones, Surveillance, and Security (June 2021).
We have even explored how hardware can be manipulated, perhaps, to invade our privacy. See Hardwired Hacking (November 2018). The trend for us is seemingly to ever-increasing exposure to technology, its benefits, and potential perils. And, it will be true in our personal lives, professional lives, and even workplaces.
The new year brought an interesting story on the British Broadcasting Corporation page regarding a mother in Mississippi: Air Tags, a Perfect Tool for Stalking (January 20, 2022). She was returning to her home in late December when she received a "notification on her phone." This warned her "that an unknown device had been following her movements." The victim reported the oddity to the local police, but they were unable or unwilling to provide any assistance or advice.
She proceeded with contacting Apple, which confirmed that something called an "air tag" was tracking her movements and reporting to someone. The purpose of these tags is to help us memory-challenged folks with finding our car keys, laptop, eyeglasses, or anything else we need help with. The little tags transmit a signal and can be quite handy for keeping track of personal items.
However, the BBC says it has identified "six women in the US who say they have been tracked using Apple AirTags." Whether discreetly dropped in a pocket, bag, or vehicle, these handy tools can apparently be readily used by miscreants to stalk or track victims. In the process, of course, the person's privacy is violated. However, that may be the least of concerns with stalking and potentially violence being of serious concern.
The BBC claims that Apple knew of the potential for misuse when it began marketing these tools. The company has stated that "AirTags are designed to track items not people." There are also some features that are designed to alert victims. One may apparently use their cell phone to detect whether some "tag" is "moving with them." And, the tags are supposed to emit an audio signal if they are "separated from their owner for a period of time." Some suggest that limit is of little consequence because the owner may disable an air tag. Others complain that the audio signal is too quiet to easily detect, particularly if the tag were placed on the outside of a vehicle.
Some of those interviewed for the BBC story have been frustrated in seeking relief. They have not located the tracker tags, nor been able to regain peace of mind. Police around the country are striving to alert people to this illicit use of technology. In a world where all businesses strive to address the threats of technology misuse, hacking, and worse, this is another example of technology about which we should remain aware.
In February 2022, a follow-up on the BBC announced Apple moves to stop AirTag tracking misuse. The Tech company is adding a feature to warn people that using the product to track other people may be a crime. It is enhancing the process of notifying people that such a tag may be tracking her/him, and such tags that "been with the person who registered it for an extended period of time" will make a sound when moved. There was also the promise of more and better information from the company regarding how such devices might be used or misused.
In March 2022, a woman in Paducah, Kentucky found such a device on her vehicle, as reported by WPSD. She was fortunate that her own telephone noted the presence of the device and alerted her. She located and disposed of it, but perhaps regrets not summoning the police for further investigation, fingerprinting, etc. Of course, if you have ever had a car or house broken into, you already know that calling the local police may lead to zero investigation or follow-through. Generally such efforts result in a written report for the insurance company, and little if anything else.
A woman in Cleveland described a similar recent experience. She described leaving a retailer and receiving a warning on her phone that read:
"Your current location can be seen by the owner of this item. You may be carrying this item, or it could be located closely. If this item is not familiar to you, you can disable it and stop sharing your location.”
At that point, the device had been tracking her movements for over four hours. This article from News 5 Cleveland urged involving the police in such situations. Although, the device in this instance was also not recovered.
The examples seem to be appearing in the news with some regularity. Those who own and use an iPhone will be likely to receive such an alert regarding the device. Those who use Android can use an Apple tracker app to be warned of such intrusion. But, it appears there is no such defense against other such tracking devices, such as the Tile. Some argue that it is less susceptible to misuse due to its limited range, but KimKomando says it is possible and suggests tips on avoiding it.
These stories support that devices designed to assist and support us may be subject to misuse and abuse by those around us. See How to turn your smartphone into a spy camera. The point is that there are miscreants around us, and the digital age of miracles in which we live offers them advantages and opportunities in much the same way it provides us conveniences and accommodations. As we adapt to the advantages, we will necessarily have to remain cognizant of the potentials for the unscrupulous and malicious to misapply, mistreat, and abuse.
By Judge David Langham
Courtesy of Florida Workers' Comp
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About The Author
About The Author
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Judge David Langham
David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims at the Division of Administrative Hearings. He has been involved in workers’ compensation for over 25 years as an attorney, an adjudicator, and administrator. He has delivered hundreds of professional lectures, published numerous articles on workers’ compensation in a variety of publications, and is a frequent blogger on Florida Workers’ Compensation Adjudication. David is a founding director of the National Association of Workers’ Compensation Judiciary and the Professional Mediation Institute, and is involved in the Southern Association of Workers’ Compensation Administrators (SAWCA) and the International Association of Industrial Accident Boards and Commissions (IAIABC). He is a vocal advocate of leveraging technology and modernizing the dispute resolution processes of workers’ compensation.
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