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Senators push to reform police’s cellphone tracking tools

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Senators push to reform police’s cellphone tracking tools

NEW YORK (AP) — Civil rights lawyers and Democratic senators are pushing for legislation that would limit U.S. law enforcement agencies’ ability to buy cellphone tracking tools to follow people’s whereabouts, including back years in time, and sometimes without a search warrant.

Concerns about police use of the tool known as “Fog Reveal” raised in an investigation by The Associated Press published earlier this month also surfaced in a Federal Trade Commission hearing three weeks ago. Police agencies have been using the platform to search hundreds of billions of records gathered from 250 million mobile devices, and hoover up people’s geolocation data to assemble so-called “patterns of life,” according to thousands of pages of records about the company.

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. 6 insurrection at the Capitol. 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.

“Americans are increasingly aware that their privacy is evaporating before their eyes, and the real-world implications can be devastating. Today, companies we’ve all heard of as well as companies we’re completely unaware of are collecting troves of data about where we go, what we do, and who we are,” said Sen. Ed Markey, a Massachusetts Democrat.

Panelists and members of the public who took part in the FTC hearing also raised concerns about how data generated by popular apps is used for surveillance purposes, or “in some cases, being used to infer identity and cause direct harm to people in the real world, in the physical world and being repurposed for, as was mentioned earlier, law enforcement and national security purposes,” said Stacey Gray, a senior director for U.S. programs for the Future of Privacy Forum.

The FTC declined to comment specifically about Fog Reveal.

Matthew Broderick, a Fog managing partner, told AP that local law enforcement was at the front lines of trafficking and missing persons cases, but often fell behind in technology adoption.

“We fill a gap for underfunded and understaffed departments,” he said in an email, adding that the company does not have access to people’s personal information, nor are search warrants required. The company refused to share information about how many police agencies it works with.

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Fog Reveal was developed by two former high-ranking Department of Homeland Security officials under former President George W. Bush. 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. That information is then sold to companies like Fog.

Federal oversight of companies like Fog is an evolving legal landscape. Last month, the Federal Trade Commission sued a data broker called Kochava that, like Fog, provides its clients with advertising IDs that authorities say can easily be used to find where a mobile device user lives, which violates rules the commission enforces. And a bill introduced by Sen. Ron Wyden that is now before Congress seeks to regulate the way government agencies can obtain data from data brokers and other private companies, at a time when privacy advocates worry location tracking could be put to other novel uses, such as keeping tabs on people who seek abortions in states where it is now illegal.

“It wasn’t long ago that it would take high-tech equipment or a dedicated group of agents to track a person’s movements around the clock. Now, it just takes a few thousand dollars and the willingness to get in bed with shady data brokers,” said Wyden, an Oregon Democrat. “It is an outrage that data brokers are selling detailed location data to law enforcement agencies around the country — including in states that have made personal reproductive health decisions into serious crimes.”

Because of the secrecy surrounding Fog, there are scant details about its use. Most law enforcement agencies won’t discuss it, raising concerns among privacy advocates that it violates the Fourth Amendment to the U.S. Constitution, which protects against unreasonable search and seizure.

Advocates on both sides of the aisle should be concerned about unrestricted government use of Fog Reveal, said former Virginia Republican Rep. Bob Goodlatte, who previously served as U.S. House Judiciary Chairman.

“Fog Reveal is easily de-anonymized tracking of Americans’ daily movements and location histories. Where we go can say a lot about who we are, who we associate with, and even what we believe or how we worship,” said Goodlatte, who now works as a senior policy advisor to the Project for Privacy and Surveillance Accountability. “The current political climate means that this technology could be used against people left, right and center. Everyone has a stake in curbing this technology.”

The New York Police Department used Fog Reveal at its Real Time Crime Center in 2018 and 2019, a previously undisclosed relationship confirmed by public records. A spokesperson said in an emailed statement that the NYPD used Fog on a trial basis, “strictly in the interest of developing leads for criminal investigations and lifesaving operations such as missing persons.” The department did not say if it was successful in either scenario.

Two nonprofits that have supported privacy rights cases in New York City said the tool exploited consumers’ personal data and was “ripe for abuse,” according to Surveillance Technology Oversight Project Executive Director Albert Fox Cahn.

“The lack of any meaningful regulation on the collection and sale of app data is both a consumer and privacy crisis,” Legal Aid Society Staff Attorney Benjamin Burger wrote in a recent post. “Both federal and state governments need to develop policies that will protect consumer data.”

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Burke reported from San Francisco.

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This story, supported by the Pulitzer Center on 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.

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Follow Garance Burke and Jason Dearen on Twitter at @garanceburke and @jhdearen. Contact AP’s global investigative team at Investigative@ap.org or https://www.ap.org/tips/

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Remember last year’s Memorial Day travel jams? Chances are they will be much worse this year

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Remember last year’s Memorial Day travel jams? Chances are they will be much worse this year

The patience of Memorial Day weekend travelers was tested Thursday by widespread delays across the country, but there were relatively few canceled flights, raising hopes that airlines can handle bigger crowds expected Friday.

By early evening on the East Coast, more than 6,000 flights had been delayed Thursday, with the biggest backups at the three major airports in the New York City area and Dallas-Fort Worth International.

 

 

 

 

 

 

Pasha Pidlubniak waits for a domestic flight at Miami International Airport, Thursday, May 23, 2024, in Miami. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/Lynne Sladky)

 

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Pasha Pidlubniak waits for a domestic flight at Miami International Airport, Thursday, May 23, 2024, in Miami. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/Lynne Sladky)

 

The Transportation Security Administration predicted that Friday will be the busiest day for air travel over the holiday weekend, with nearly 3 million people expected to pass through airport checkpoints. It could rival the record of 2.9 million, set on the Sunday after Thanksgiving last year.

“Airports are going to be more packed than we have seen in 20 years,” said Aixa Diaz, a spokesperson for AAA.

When they aren’t waiting out flight delays, travelers are reporting sticker shock at the prices.

At Chicago’s O’Hare Airport, Larisa Latimer of New Lenox, Illinois, said her airfare was reasonable but other expenses for a getaway to New Orleans were not.

 

 

 

 

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Motorists travel along Interstate 24 near the Interstate 40 interchange Thursday, May 23, 2024, in Nashville, Tenn. A record number of Americans are expected to hit the pavement over the 2024 Memorial Day holiday. (AP Photo/George Walker IV)

 

Motorists travel along Interstate 24 near the Interstate 40 interchange Thursday, May 23, 2024, in Nashville, Tenn. A record number of Americans are expected to hit the pavement over the 2024 Memorial Day holiday. (AP Photo/George Walker IV)

 

“I just have to make the accommodation,” she said. “The rental car is up … this year, the hotel accommodations were very unusually expensive.”

Kathy Larko of Fort Meyers, Florida, used frequent-flyer miles — and some flexible scheduling — to pay for her trip to Chicago.

“I’m really conscious of looking at the cost of the entire trip. We’re staying a little farther out than we normally would” to get a lower hotel rate, she said. “We’re also flying back a day later, because we could get cheaper miles.”

More travelers will be on the road. AAA estimates that 43.8 million people will venture at least 50 miles (80 kilometers) from home between Thursday and Monday, with 38 million of them taking vehicles.

 
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Travelers wait at a TSA checkpoint at the Los Angeles International Airport, Thursday, May 23, 2024, in Los Angeles. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/Ryan Sun)

 

Travelers wait at a TSA checkpoint at the Los Angeles International Airport, Thursday, May 23, 2024, in Los Angeles. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/Ryan Sun)

 

Airport unions are using the holiday weekend to highlight their demands.

About 100 workers who clean airplane cabins and drive trash trucks at the airport in Charlotte, North Carolina, started a 24-hour strike Thursday, demanding better pay and healthcare, according to the Service Employees International Union. About 15% of flights were delayed, but it was unclear whether the strike played any role.

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A planned strike at John F. Kennedy Airport in New York was averted, however. Teamsters Local 553, which represents about 300 workers who refuel passenger and cargo jets at JFK, said that it reached a settlement with Allied Aviation Services and called off a walkout planned for Friday.

 

 

 

 

 

 

George Ridley, 4, left, rides on a suitcase as he and his father Chris Ridley make their way through the Nashville international Airport, Thursday, May 23, 2024, in Nashville, Tenn. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/George Walker IV)

 

George Ridley, 4, left, rides on a suitcase as he and his father Chris Ridley make their way through the Nashville international Airport, Thursday, May 23, 2024, in Nashville, Tenn. A record number of Americans are expected to travel over the 2024 Memorial Day holiday. (AP Photo/George Walker IV)

 

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“We are happy an agreement has been reached, a need for a strike averted, and we are hopeful that the deal will be ratified by our members,” said Demos Demopoulos, the secretary-treasurer of the local.

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Associated Press video journalist Melissa Perez Winder in Chicago and Associated Press radio reporter Shelley Adler in Washington contributed to this report.

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Texas health department appoints anti-abortion OB-GYN to maternal mortality committee

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Texas health department appoints anti-abortion OB-GYN to maternal mortality committee

AUSTIN, Texas (AP) — Texas’ health department has appointed an outspoken anti-abortion OB-GYN to a committee that reviews pregnancy-related deaths as doctors have been warning that the state’s restrictive abortion ban puts women’s lives at risk.

Dr. Ingrid Skop was among the new appointees to the Texas Maternal Morality and Morbidity Review Committee announced last week by the Texas Department of State Health Services. Her term starts June 1.

The committee, which compiles data on pregnancy-related deaths, makes recommendations to the Legislature on best practices and policy changes and is expected to assess the impact of abortion laws on maternal mortality.

Skop, who has worked as an OB-GYN for over three decades, is vice president and director of medical affairs for the Charlotte Lozier Institute, an anti-abortion research group. Skop will be the committee’s rural representative.

Skop, who has worked in San Antonio for most of her career, told the Houston Chronicle that she has “often cared for women traveling long distances from rural Texas maternity deserts, including women suffering complications from abortions.”

Texas has one of the most restrictive abortion bans in the U.S., and doctors have sought clarity on the state’s medical exemption, which allows an abortion to save a woman’s life or prevent the impairment of a major bodily function. Doctors have said the exemption is too vague, making it difficult to offer life-saving care for fear of repercussions. A doctor convicted of providing an illegal abortion in Texas can face up to 99 years in prison and a $100,000 fine and lose their medical license.

Skop has said medical associations are not giving doctors the proper guidance on the matter. She has also shared more controversial views, saying during a congressional hearing in 2021 that rape or incest victims as young as 9 or 10 could carry pregnancies to term.

Texas’ abortion ban has no exemption for cases of rape or incest.

The American College of Obstetricians and Gynecologists, which says abortion is “inherently tied to maternal health,” said in a statement that members of the Texas committee should be “unbiased, free of conflicts of interest and focused on the appropriate standards of care.” The organization noted that bias against abortion has already led to “compromised” analyses, citing a research articles co-authored by Skop and others affiliated with the Charlotte Lozier Institute.

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Earlier this year a medical journal retracted studies supported by the Charlotte Lozier Institute claiming to show harms of the abortion pill mifepristone, citing conflicts of interests by the authors and flaws in their research. Two of the studies were cited in a pivotal Texas court ruling that has threatened access to the drug.

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Michigan farmworker diagnosed with bird flu, becoming 2nd US case tied to dairy cows

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Michigan farmworker diagnosed with bird flu, becoming 2nd US case tied to dairy cows

A Michigan dairy worker has been diagnosed with bird flu — the second human case associated with an outbreak in U.S. dairy cows.

The male worker had been in contact with cows at a farm with infected animals. He experienced mild eye symptoms and has recovered, U.S. and Michigan health officials said in announcing the case Wednesday.

A nasal swab from the person tested negative for the virus, but an eye swab tested Tuesday was positive for bird flu, “indicating an eye infection,” U.S. Centers for Disease Control and Prevention officials said.

The worker developed a “gritty feeling” in his eye earlier this month but it was a “very mild case,” said Dr. Natasha Bagdasarian, Michigan’s chief medical executive. He was not treated with oseltamivir, a medication advised for treating bird flu, she said.

The risk to the public remains low, but farmworkers exposed to infected animals are at higher risk, health officials said. They said those workers should be offered protective equipment, especially for their eyes.

Health officials say they do not know if the Michigan farmworker was wearing protective eyewear, but an investigation is continuing.

In late March, a farmworker in Texas was diagnosed in what officials called the first known instance globally of a person catching this version of bird flu from a mammal. That patient reported only eye inflammation and recovered.

Since 2020, a bird flu virus has been spreading among more animal species — including dogs, cats, skunks, bears and even seals and porpoises — in scores of countries.

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The detection in U.S. livestock earlier this year was an unexpected twist that sparked questions about food safety and whether it would start spreading among humans.

That hasn’t happened, although there’s been a steady increase of reported infections in cows. As of Wednesday, the virus had been confirmed in 51 dairy herds in nine states, according to the U.S. Agriculture Department. Fifteen of the herds were in Michigan.

The CDC’s Dr. Nirav Shah said the case was “not unexpected” and it’s possible more infections could be diagnosed in people who work around infected cows.

U.S. officials said they had tested 40 people since the first cow cases were discovered in late March. Michigan has tested 35 of them, Bagdasarian told The Associated Press in an interview.

Shah praised Michigan officials for actively monitoring farmworkers. He said health officials there have been sending daily text messages to workers exposed to infected cows asking about possible symptoms, and that the effort helped officials catch this infection. He said no other workers had reported symptoms.

That’s encouraging news, said Michael Osterholm, a University of Minnesota epidemiologist who has studied bird flu for decades. There’s no sign to date that the virus is causing flu-like illness or that it is spreading among people.

“If we had four or five people seriously ill with respiratory illness, we would be picking that up,” he said.

The virus has been found in high levels in the raw milk of infected cows, but government officials say pasteurized products sold in grocery stores are safe because heat treatment has been confirmed to kill the virus.

The new case marks the third time a person in the United States has been diagnosed with what’s known as Type A H5N1 virus. In 2022, a prison inmate in a work program picked it up while killing infected birds at a poultry farm in Montrose County, Colorado. His only symptom was fatigue, and he recovered. That predated the virus’s appearance in cows.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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