Technology companies have for years responded to court orders for specific users’ information. The new warrants go further, suggesting possible suspects and witnesses in the absence of other clues. Often, Google employees said, the company responds to a single warrant with location information on dozens or hundreds of devices.
Law enforcement officials described the method as exciting, but cautioned that it was just one tool.
“It doesn’t pop out the answer like a ticker tape, saying this guy’s guilty,” said Gary Ernsdorff, a senior prosecutor in Washington State who has worked on several cases involving these warrants. Potential suspects must still be fully investigated, he added. “We’re not going to charge anybody just because Google said they were there.”
It is unclear how often these search requests have led to arrests or convictions, because many of the investigations are still open and judges frequently seal the warrants. The practice was first used by federal agents in 2016, according to Google employees, and first publicly reported last year in North Carolina. It has since spread to local departments across the country, including in California, Florida, Minnesota and Washington. This year, one Google employee said, the company received as many as 180 requests in one week. Google declined to confirm precise numbers.
The technique illustrates a phenomenon privacy advocates have long referred to as the “if you build it, they will come” principle — anytime a technology company creates a system that could be used in surveillance, law enforcement inevitably comes knocking. Sensorvault, according to Google employees, includes detailed location records involving at least hundreds of millions of devices worldwide and dating back nearly a decade.
‘‘There are privacy concerns that we all have with our phones being tracked — and when those kinds of issues are relevant in a criminal case, that should give everybody serious pause,” said Catherine Turner, a Minnesota defense lawyer who is handling a case involving the technique.
Investigators who spoke with The New York Times said they had not sent geofence warrants to companies other than Google, and Apple said it did not have the ability to perform those searches. Google would not provide details on Sensorvault, but Aaron Edens, an intelligence analyst with the sheriff’s office in San Mateo County, Calif., who has examined data from hundreds of phones, said most Android devices and some iPhones he had seen had this data available from Google.
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