Is it illegal to track someone's phone without consent?
Generally illegal and often constitutes stalking, wiretapping, or computer crimes.
Tracking a person's phone without their consent is illegal in the vast majority of circumstances and can lead to both state and federal charges. While exceptions exist for parents monitoring minor children or employers tracking company-owned devices with notice, covertly installing spyware or using GPS tracking on an adult's device typically violates privacy and stalking laws. These actions are often prosecuted as unauthorized access to a computer or electronic communication interception. Even if the intent is not malicious, the act itself remains a criminal offense in most jurisdictions.
RELEVANT LAWS
- 18 U.S.C. § 2511The Federal Wiretap Act
- 18 U.S.C. § 1030Computer Fraud and Abuse Act (CFAA)
- California Penal Code § 637.7Use of electronic tracking devices
- Section 5 of the FTC ActProhibits unfair and deceptive practices including stalkerware
POTENTIAL PENALTIES
- Up to 5 years in federal prison for wiretapping violations
- Fines exceeding $250,000 under federal sentencing guidelines
- Civil lawsuits for invasion of privacy and emotional distress
- Misdemeanor or felony stalking charges depending on the duration and intent
JURISDICTION
While federal law covers the interception of data, many states like California and Texas have specific, more stringent statutes regarding the unauthorized use of GPS tracking devices.
The Supreme Court ruled in United States v. Jones (2012) that even the police usually need a warrant to attach a GPS tracker to a vehicle, establishing a high bar for privacy.
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