Not long ago, the ability to digitally track someone’s daily movements just by knowing their home address, employer, or place of worship was considered a dangerous power that should remain only within the purview of nation states. But a new lawsuit in a likely constitutional battle over a New Jersey privacy law shows that anyone can now access this capability, thanks to a proliferation of commercial services that hoover up the digital exhaust emitted by widely-used mobile apps and websites.
Delaware-based Atlas Data Privacy Corp. helps its users remove their personal information from the clutches of consumer data brokers, and from people-search services online. Backed by millions of dollars in litigation financing, Atlas so far this year has sued 151 consumer data brokers on behalf of a class that includes more than 20,000 New Jersey law enforcement officers who are signed up for Atlas services.
Atlas alleges all of these data brokers have ignored repeated warnings that they are violating Daniel’s Law, a New Jersey statute allowing law enforcement, government personnel, judges and their families to have their information completely removed from commercial data brokers. Daniel’s Law was passed in 2020 after the death of 20-year-old Daniel Anderl, who was killed in a violent attack targeting a federal judge — his mother.
Last week, Atlas invoked Daniel’s Law in a lawsuit (PDF) against Babel Street, a little-known technology company incorporated in Reston, Va. Babel Street’s core product allows customers to draw a digital polygon around nearly any location on a map of the world, and view a slightly dated (by a few days) time-lapse history of the mobile devices seen coming in and out of the specified area.
Babel Street’s LocateX platform also allows customers to track individual mobile users by their Mobile Advertising ID or MAID, a unique, alphanumeric identifier built into all Google Android and Apple mobile devices.
Babel Street can offer this tracking capability by consuming location data and other identifying information that is collected by many websites and broadcast to dozens and sometimes hundreds of ad networks that may wish to bid on showing their ad to a particular user.
In an interview, Atlas said a private investigator they hired was offered a free trial of Babel Street, which the investigator was able to use to determine the home address and daily movements of mobile devices belonging to multiple New Jersey police officers whose families have already faced significant harassment and death threats.
Atlas said the investigator encountered Babel Street while testing hundreds of data broker tools and services to see if personal information on its users was being sold. They soon discovered Babel Street also bundles people-search services with its platform, to make it easier for customers to zero in on a specific device.
The investigator contacted Babel Street about possibly buying home addresses in certain areas of New Jersey. After listening to a sales pitch for Babel Street and expressing interest, the investigator was told Babel Street only offers their service to the government or to “contractors of the government.”
“The investigator (truthfully) mentioned that he was contemplating some government contract work in the future and was told by the Babel Street salesperson that ‘that’s good enough’ and that ‘they don’t actually check,’” Atlas shared in an email with reporters.
KrebsOnSecurity was one of five media outlets invited to review screen recordings that Atlas made while its investigator used a two-week trial version of Babel Street’s LocateX service. References and links to reporting by other publications, including 404 Media, Haaretz, NOTUS, and The New York Times, will appear throughout this story.
Collectively, these stories expose how the broad availability of mobile advertising data has created a market in which virtually anyone can build a sophisticated spying apparatus capable of tracking the daily movements of hundreds of millions of people globally.
The findings outlined in Atlas’s lawsuit against Babel Street also illustrate how mobile location data is set to massively complicate several hot-button issues, from the tracking of suspected illegal immigrants or women seeking abortions, to harassing public servants who are already in the crosshairs over baseless conspiracy theories and increasingly hostile political rhetoric against government employees.
WARRANTLESS SURVEILLANCE
Atlas says the Babel Street trial period allowed its investigator to find information about visitors to high-risk targets such as mosques, synagogues, courtrooms and abortion clinics. In one video, an Atlas investigator showed how they isolated mobile devices seen in a New Jersey courtroom parking lot that was reserved for jurors, and then tracked one likely juror’s phone to their home address over several days.
While the Atlas investigator had access to its trial account at Babel Street, they were able to successfully track devices belonging to several plaintiffs named or referenced in the lawsuit. They did so by drawing a digital polygon around the home address or workplace of each person in Babel Street’s platform, which focused exclusively on the devices that passed through those addresses each day.
One unique feature of Babel Street is the ability to toggle a “night” mode, which makes it relatively easy to determine within a few meters where a target typically lays their head each night (because their phone is usually not far away).
Atlas plaintiffs Scott and Justyna Maloney are both veteran officers with the Rahway, NJ police department who live together with their two young children. In April 2023, Scott and Justyna became the target of intense harassment and death threats after Officer Justyna responded to a routine call about a man filming people outside of the Motor Vehicle Commission in Rahway.
The man filming the Motor Vehicle Commission that day is a social media personality who often solicits police contact and then records himself arguing about constitutional rights with the responding officers.
Officer Justyna’s interaction with the man was entirely peaceful, and the episode appeared to end without incident. But after a selectively edited video of that encounter went viral, their home address and unpublished phone numbers were posted online. When their tormentors figured out that Scott was also a cop (a sergeant), the couple began receiving dozens of threatening text messages, including specific death threats.
According to the Atlas lawsuit, one of the messages to Mr. Maloney demanded money, and warned that his family would “pay in blood” if he didn’t comply. Sgt. Maloney said he then received a video in which a masked individual pointed a rifle at the camera and told him that his family was “going to get [their] heads cut off.”
Maloney said a few weeks later, one of their neighbors saw two suspicious individuals in ski masks parked one block away from the home and alerted police. Atlas’s complaint says video surveillance from neighboring homes shows the masked individuals circling the Maloney’s home. The responding officers arrested two men, who were armed, for unlawful possession of a firearm.
Atlas said their investigator was not able to conclusively find Scott Maloney’s iPhone in the Babel Street platform, but they did find Justyna’s. Babel Street had nearly 100,000 hits for her phone over several months, allowing Atlas to piece together an intimate picture of Justyna’s daily movements and meetings with others. Continue reading