
The records and AP’s reporting provide the first public account of the extensive use of Fog Reveal by local police, according to analysts and legal experts who scrutinize such technologies.įederal oversight of companies like Fog is an evolving legal landscape.
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The group shared the files with The AP, which independently found that Fog sold its software in about 40 contracts to nearly two dozen agencies, according to GovSpend, a company that keeps tabs on government spending. The documents and emails were obtained by EFF through Freedom of Information Act requests. This story, supported by the Pulitzer Center for Crisis Reporting, is part of an ongoing Associated Press series, “Tracked,” that investigates the power and consequences of decisions driven by algorithms on people’s everyday lives. “It’s sort of a mass surveillance program on a budget,” said Bennett Cyphers, a special adviser at the Electronic Frontier Foundation, a digital privacy rights advocacy group. That information is then sold to companies like Fog. It relies on advertising identification numbers, which Fog officials say are culled from popular cellphone apps such as Waze, Starbucks and hundreds of others that target ads based on a person’s movements and interests, according to police emails. The company was developed by two former high-ranking Department of Homeland Security officials under former President George W. The tool is rarely, if ever, mentioned in court records, something that defense attorneys say makes it harder for them to properly defend their clients in cases in which the technology was used. Sold by Virginia-based Fog Data Science LLC, Fog Reveal has been used since at least 2018 in criminal investigations ranging from the murder of a nurse in Arkansas to tracing the movements of a potential participant in the Jan. Police have used “Fog Reveal” to search hundreds of billions of records from 250 million mobile devices, and harnessed the data to create location analyses known among law enforcement as “patterns of life,” according to thousands of pages of records about the company.


Local law enforcement agencies from suburban Southern California to rural North Carolina have been using an obscure cellphone tracking tool, at times without search warrants, that gives them the power to follow people’s movements months back in time, according to public records and internal emails obtained by The Associated Press.
