Law targets 'weaponizing' of remote control GPS in vehicles against domestic violence survivors

ALBANY — A new law aims to end harassment of domestic violence survivors in their motor vehicles through remote manipulation of  Global Positioning System  devices, automatic starters, temperature controls and more.

The bill passed by the State Legislature earlier this year said domestic abusers are "weaponizing" the growing remote control technology to harass, stalk and threaten survivors of domestic violence.

The technology can be a small device hidden inside a vehicle or installed in the vehicle by the manufacturer or dealer to help locate the vehicle when it’s lost or stolen. The technology can then be operated through a computer or smartphone application and control several operations in a vehicle as well as identify where the car is parked or traveling, according to the legislation.

Assemb. Linda Rosenthal (D-Manhattan), the bill’s Assembly sponsor, said that before this law,  survivors who were harassed by the remote technology would have to go through a lengthy process and cost of securing a court order of protection.

"Abusers were trying to continue to harass their victims in this newish way," Rosenthal told Newsday Friday. "The way they were doing it was by tracking them to see where they were going in their car."

"This gives them a tool to escape continued harassment," Rosenthal said.

At least 26 states including California, along with  the District of Columbia, have adopted similar measures in recent years, according to the National Conference of State Legislatures.

The Senate sponsor said abuse by the remote control devices took away what is supposed to be a safe space for survivors.

"Domestic violence survivors already have more than enough to deal with," the bill’s sponsor, Sen. Andrew Gounardes (D-Brooklyn), said on Friday. "They need and deserve places where they can feel safe and secure. The last thing they should have to worry about is the frankly terrifying idea that even their own vehicle might become a tool for their abuser to stalk and harass them."

The new law is also intended to help law enforcement clear a hurdle in trying to make a case against an abuser who uses the technology to harass, stalk or threaten, according to the law. Cases were hard to prove because car dealers or manufacturers — not abusers — controlled who had access to the remote control technology.

The new law, however, will require car manufacturers and auto dealers to remove an abuser’s access to remote vehicle technology when a survivor makes a request. The survivor must show proof of ownership, and the abuser’s access to the remote technology must be removed at no cost to the survivor.

Gov. Kathy Hochul signed the bill into law. It is effective immediately.

The New York Times and CBS New York have reported several cases in which women felt threatened by use of the remote technology.

"For all of the positive uses of GPS, the expanded use of GPS-enabled devices has also increased the inappropriate use of technology to monitor or track a person’s location," states WomensLaw.org, a Brooklyn-based group of lawyers, teachers and advocates for survivors of domestic violence.

"As GPS technology has become cheaper and more advanced, small and easily hidden devices can include GPS technology and make it harder to know which devices have tracking capabilities, enabling abusers to misuse the technology to track your location," the group stated.

Under New York’s law, vehicle manufacturers and dealers in New York State must also provide information on websites and in cellphone applications on how to terminate an abuser’s access to a vehicle’s remote technology.

Any manufacturer or dealer who fails to comply could face a $500 civil penalty, according to the legislation.

"My bill takes a simple, common sense step to ensure abusers can’t use this tech to harm people," Gounardes said in announcing the bill signing Friday.

Much of the concern involves the use of GPS devices to stalk or confront survivors, according to the National Conference of State Legislatures. GPS devices can be installed in or attached to a car, and data can be transmitted to a domestic abuser.

The devices had gained popularity as a market for parents to keep track of their teenagers behind the wheel.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.