
Google has eliminated warrants granting law enforcement access to location data
Google has announced upcoming changes in the storage and access of users' "Location History" in Google Maps. These alterations involve shortening the data retention period and preventing the company from accessing it. Consequently, Google will no longer comply with "geofence warrants," a contentious legal method used by law enforcement to obtain information about all users within a specified location and timeframe.
The discontinuation of access to location data by Google marks a significant victory for privacy advocates and defense attorneys who have long opposed these warrants. Confirming the impact of this change, a Google employee, speaking anonymously to Forbes, highlighted the privacy advantages of encrypting location data and stated that Google's decision aims to halt broad location searches.
According to Jennifer Granick, an attorney with the American Civil Liberties Union, Google's move is beneficial for privacy, as storing extensive location data poses risks. These geofence warrants, also known as reverse-location searches, raise concerns as they potentially implicate individuals merely present near a crime scene.
Jennifer Lynch, an attorney with the Electronic Frontier Foundation, emphasized the threats to privacy and liberty posed by these warrants, as innocent individuals could be wrongly targeted. Despite this change, the government can still obtain specific user information by demanding full account details, but Google will no longer provide identifying data or metadata for all users within specified parameters based solely on coordinates and timeframe.
This decision by Google arrives shortly after the U.S. Court of Appeals for the Fourth Circuit heard arguments regarding the legality of geofence warrants in the case United States v. Chatrie. This move by Google may influence future judicial decisions and has been praised by legal experts and defense attorneys.
While Google has not disclosed the exact number of geofence warrants it receives, it previously revealed a significant increase in these warrants, highlighting their prevalence in law enforcement requests. Other tech firms, like Apple, have also received similar warrants but have cited protection measures for user locations as a reason for non-compliance.
Geofence warrants have been instrumental in various law enforcement cases, including investigations related to Capitol Hill unrest and the Kenosha riots. However, they have also been used for less severe incidents, such as petty theft.
While acknowledging the efficacy of geofence warrants in solving major cases, critics argue that such measures compromise privacy. The California District Attorneys Association highlighted instances where these warrants aided in solving multiple burglaries. Similarly, legal experts note the significance of these warrants in resolving cases but also acknowledge the privacy concerns they raise.
Overall, Google's decision to halt the response to geofence warrants reflects a stance prioritizing user privacy, although it has implications for law enforcement investigations.