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Justice System Can’t Deal with Airtag Stalking as Class Action Filed

Two women are suing Apple over claims that its AirTags are a stalker’s delight.

For only $29, you can stalk anyone you want.

One woman says that the stalker put the AirTag in the wheel well of her car. The lawsuit says that she received little help from the cops or from Apple. She says she fears for her safety as the stalker has evidenced a commitment to continuing to use AirTags to stalk, track, harass and threaten her.

The other plaintiff in the class action says that her former spouse put an AirTag in her kid’s backpack to track her.

While there are some safeguards for Apple phone users, the safeguards for Android users are much more limited.

The lawsuit claims negligence, violation of the right to privacy, unjust enrichment and asks for damages.

PC Magazine has created a checklist of things to do to protect yourself from both AirTag and Tile trackers, but the list is a bit insane due to how AirTags work.

Credit: PC Magazine

While it used to require a private investigator at hundreds of dollars a day to track someone’s whereabouts, now you can do it for a one time cost of $29 and you have to recharge the battery occasionally.

The criminal justice system doesn’t have a great record when it comes to domestic violence. While some states, like California, have an anti-tracking law, it doesn’t apply in all cases. In addition, proving that the target is being stalked, experts say, is nearly impossible.

Some (many?) judges can’t even use email. They certainly will be challenged with something like this.

In April, Motherboard obtained records requests mentioning AirTags from eight of the biggest police departments across the country. The majority of reports came from women; of the 50 that reported finding out they were being tracked through Apple’s AirTag notifications, 25 could identify a man close to them, such as an ex-partner or estranged boyfriend, that they suspected placed the device to follow them.

While Apple is trying to improve things, the majority of global smartphone users are Android users and Apple’s app requires a manual scan in order to detect an AirTag.

Sometimes the stalkers wrap the AirTag – in duct tape or a towel – to muffle the sound.

It will likely tag years for the law to catch up.

A lot of victims are former intimate partners – spouses, ex-spouses, people who once dated, etc. Kids often get dragged into this because they offer an easy place to hide things.

After this article was written one of the victims received a letter from the court in San Diego: we are unable to file criminal charges at this time.

That means victims have no recourse. In many cases, the victim knows who the stalker is. Is the justice system telling victims that they have to resort to vigilante justice? I hope not, but? Credit: Motherboard by Vice

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