As worshippers gathered at the Calvary Chapel in 2020, they were being watched from above.
“We are in the space between the emergence of this technological practice and courts having ruled on its constitutionality,” said Alex Marthews, national chair for Restore the 4th, a nonprofit organization dedicated to the protection of the Fourth Amendment, which protects Americans’ rights against “unreasonable search and seizure.”
“Geofencing” often begins with an innocent click. Smartphone apps ask if they can access location to improve service. When users say they yes, they often don’t realize that the apps that help them drive, cook, or pray are likely reselling their information to far-flung for-profit entities. This and other information detailing people’s behaviors and preferences is valuable for businesses trying to target customers. The global location intelligence market was estimated at $16 billion last year, according to Grand View Research, which predicts that figure will grow to $51 billion by 2030.
While it is legal for private companies to broker this information, constitutional questions arise when government accesses data from a third party that it would be prohibited from collecting on its own. The lawsuit filed by Calvary Chapel in August argues that Santa Clara County carried out a warrantless surveillance of the church when it acquired information in 2020 on the church’s foot traffic patterns collected by a research team from Stanford University. Court documents show the researchers acquired the information, which originated with Google Maps, from the location data company SafeGraph, which is also being sued by Calvary.
Nicole Berger, SafeGraph’s senior vice president of operations, has said the Stanford team violated the company’s terms of service and non-commercial research agreement. For its part, Google has since cracked down on third-party vendors, though it still uses location and other data for its own operations.
Google was recently ordered to pay $93 million in a settlement over its collection of location data even after users turned off their location history. The company is also involved in an ongoing dispute in an Oakland, Calif., U.S. District Court over the company’s “Real Time Bidding” process, whereby customers’ personal information is auctioned off to advertisers, so that they can place targeted ads. According to the Calvary Chapel lawsuit, it was this process, among others, which enabled SafeGraph to collect users’ location data.
Geofencing allows users to build a fence around certain areas or points-of-interest such as Calvary Chapel or the area near the Capitol on Jan. 6 and see when people entered that space.
Hellbound and Down 