October 24, 2023

Rep. Sykes Introduces Stop Electronic Stalking Act

WASHINGTON, D.C. — This National Domestic Violence Awareness Month, Representative Emilia Sykes (OH-13) introduced the Stop Electronic Stalking Act, which would prohibit the use of personal tracking devices to track people without their consent

Though personal tracking devices like Apple AirTag, Tile, and more are intended to track property, crimes have been reported across the country involving the use of these devices to stalk victims, specifically women being stalked by former spouses or relationship partners.

“Personal tracking devices are typically used to locate inconspicuous items like luggage or keys, but predators can also use this technology to secretly track or stalk people. No one should have to live in fear of being electronically tracked without their knowledge, which is why I introduced the Stop Electronic Stalking Act to prohibit these devices from being used on people without their consent,” said Rep. Sykes. “This legislation will hold bad actors accountable and make our communities safer by ensuring these devices are used to track property, not people.”

The current federal stalking law does not explicitly ban unwanted location tracking using an electronic device. The Stop Electronic Stalking Act would amend the federal criminal code’s definition of stalking to codify that the unauthorized tracking of an individual by a GPS device qualifies as stalking to prevent victimization and penalize bad actors who use these devices for nefarious purposes.  

The Stop Electronic Stalking Act is part of a comprehensive legislative package introduced by Rep. Sykes to prevent domestic violence, empower and support survivors, and keep families safe. In addition to banning the use of electronic devices to track people without their consent, the full Safer Homes and Families Act would: 

  • Expand access to Social Security spousal benefits for individuals who divorce due to domestic abuse;
  • Train healthcare providers to better identify and treat individuals who have experienced sexual assault, domestic violence, or dating violence; and
  • Allow individuals who are experiencing dating violence, domestic violence, stalking, or sexual assault to break their lease without adverse costs.

Rep. Sykes first became aware of this issue while serving in the Ohio House of Representatives after a constituent from Akron and an investigation from WKYC Cleveland 3 brought it to her attention. This constituent’s former partner put a personal tracking device on her car and tracked her location for several months without her knowledge. Eventually with the help of the Akron Police Department, the constituent was able to locate and remove the tracking device but was surprised to learn that tracking someone electronically without their consent was not illegal under Ohio law. Rep. Sykes subsequently introduced Ohio H.B. 672, bipartisan legislation that would have prohibited a person from knowingly installing a tracking device or tracking application on another person’s property without the other person’s consent.

In addition to the Stop Electronic Stalking Act, Rep. Sykes also introduced an amendment to H.R. 4755, the Privacy Enhancing Technology Research Act, to support research to thoroughly understand the impacts and scope of personal tracking devices. In July 2023, the House Science, Space, and Technology Committee voted to pass her amendment out of committee, where it now awaits action on the House floor. 

A longtime advocate for protecting survivors of domestic violence, Rep. Sykes’ work on domestic violence issues has earned bipartisan praise and resulted in her priority legislation, Ohio H.B. 1, to be signed into law when she was in the Ohio House of Representatives. Ohio H.B. 1 gives victims of dating violence the ability to obtain civil protective orders against their attacker.

If you or someone you know is experiencing violence, you can call the?National Domestic Violence Hotline?at?800-799-7233?for free, 24/7 support.