Commentary: Stop Police From Using Your Cellphone Against You

Geofence warrants violate the Fourth Amendment’s bedrock protections against search and seizure, and their use to target protesters is inconsistent with First Amendment protections.

New York’s proposed legislation also prevents law enforcement from buying geofence and keyword data. Currently, police purchase data and freely use it, evading legal restrictions. This bill ensures data bought by police is unusable at trial.

Tech companies are on board with the proposed legislation. When geofence warrants force companies to turn over data, it harms companies, their users and the platforms we trust. Preventing a future where our devices are weaponized against us is supported both by public and private sectors.

With location data widely available, this geofence warrant ban is indispensable. BIPOC New Yorkers, faith communities and activists are already over-targeted by the NYPD. The geofence threat will only continue to grow and add to policing inequities if we fail to enact regulations curbing this abusive practice.

Geofence and keyword warrants pose a clear threat to New Yorkers, putting them at risk of false arrest, invading First Amendment rights to protest and worship, and giving police an Orwellian power to track innocent people. If we act, New York can keep everyone safer and uphold its commitment to civil rights. The only question is whether lawmakers will act before more end up in harm's way.