Meeting Public Comments

Andrew Ritland [Mahaska County Attorney's Office]

As Mahaska County Attorney, I believe the terminology used in 708.11A has not kept pace with advancing technology. The section criminalizes the misuse of a "global positioning device" without defining the term. Strictly construed, the term only applies to devices that use the global positioning system (GPS). While a person's location may be tracked through the use of GPS, since 2021, there has been an increasing rise in the use of Bluetooth devices to surreptitiously track individuals that do not use global positioning. Instead of GPS, products such as Apple AirTags, Tile Trackers, Samsung Galaxy SmartTags, and Chipolo Trackers use alternative technology. For example, an Apple AirTag can be precisely located by using Apple's Find My network. When any Apple device (iPhone, iPad, etc.) passes by an AirTag, it picks up the AirTag's Bluetooth signal and relays its location to Apple servers, allowing the AirTag owner to pinpoint the location of the device using an appall without the passerby knowing and without the use of GPS. Due to their lower power requirements, mobile Bluetooth trackers can last for a year or longer without needing to be charged, making them an effective tool for criminals to track the location of an individual without their consent. As a result, the terminology in section 708.11A should be broadened to include any device or application to track an object or individual, regardless of underlying technology. I would propose defining "global positioning device" as "any device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object, or any software program designed to identify, monitor, or record the location or movement of another person or object."