Skip to content

Condition: Post with Page_List

Listen
Search
Please enter at least 3 characters.

Latest Stories

New Jersey bill would make it illegal to use tracking devices without consent

Devices like AirTags open legislation up to new legal hurdles

SOUTH JERSEY (KYW Newsradio) — A recently introduced bill in Trenton would make it illegal to use high-tech tracking devices, like Apple AirTags, to track people without their consent.

AirTags and similar devices are about the size of a quarter and are used to keep track of wallets or car keys. You attach them to an item and track its location on your phone.


It's a good idea if you're one to constantly misplace items, but good ideas are sometimes abused by people with bad intentions.

Stalking is already illegal, but New Jersey law does not detail whether placing one of these devices on someone's car or pocket is also illegal.

"It's not clear that the stalking statutes that are on the books would cover this kind of stalking," added South Jersey Assemblyman Paul Moriarty. His bill aims to ensure these devices are being used lawfully and with consent.

"The legislation would make it so that if you want to track someone using these types of electronic devices, you have to have their permission in writing, except if it were some type of tracking app where you opt into being tracked, as so many people do," he explained.

"One of the things I think needs to happen is that if someone is tracking you, not only do you get a notice that you are being tracked, but there should be the ability of the company to be able to tell you who's tracking you. They know who has which devices."

Some of the more complex legal hurdles center around domestic relationships. Would it be legal, for example, for a husband to track a vehicle registered to him, even though it's mostly used by his wife?

"I don't know where that will fall because you have the right to track your property," Moriarty argued.

Earlier this year, Apple released a statement condemning "any malicious use of our products," adding, "unwanted tracking has long been a societal problem, and we took this concern seriously in the design of AirTag."

Apple said it is working closely with police to identify safety guidelines.

Moriarty said there needs to be additional fines and perhaps jail time for abusing these products.

The bill was recently introduced and won't be up for a vote in committee until next month. Moriarty believes there is plenty of bipartisan support to get it passed when that time comes.

Devices like AirTags open legislation up to new legal hurdles