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Think Twice Before Buying or Using Meta’s Ray-Bans

10 March 2026 at 22:02

Over the last decade or so, the tech industry has tried, and mostly failed, to make “smart glasses”—tech-infused glasses with cameras, AI, maps, displays, and more—a thing. But in the past year, products like Meta’s Ray-Ban Display Glasses and Oakley’s Meta Glasses have gone from a curious niche to the mainstream

Before you strap a dashcam to your face and sprint out into the world filming everything and everyone in your life, there are some civil liberties and privacy concerns to consider before buying or using a pair.

Meta is the biggest company that makes these sorts of glasses and their partnerships with Ray-Ban and Oakely are the most popular options, so we’ll be mostly focusing on them here. Others, like models from Snapchat are similar in form but far less ubiquitous. But Meta won’t hold this space for long. Google’s already announced a partnership with Warby Parker for their “AI-powered smart glasses,” and there are rumors around a competing product from Apple

With that, let’s dive into some of the considerations you should make before purchasing a pair.

If You’re Thinking About Buying Smart Glasses

You’re likely not the only one who can see (and hear) your footage

The photos and videos you record with most smartglasses will likely be stored online at some point in the process. On Meta’s offerings, unless you are livestreaming, media you capture when you press the camera button is kept on the glasses until you import them onto your phone, but media is imported automatically by default into the Meta AI mobile app, which is required to set up the glasses. 

You can't use any AI features locally on the glasses. So anytime you use AI features, like when you say, “Hey Meta, start recording,” the footage is fed to Meta. You can use the glasses without the Meta AI app entirely, but considering you can’t easily download footage from the glasses to your phone without it, most people will likely use the app.

Some videos are fed to Meta for AI training, and we know at least in some cases that those videos go through human review. An investigation by Swedish newspapers found that workers were reviewing and annotating camera footage, which includes all sorts of sensitive videos, including nudity, sex, and going to the bathroom. Meta claimed to the BBC that this is in accordance with its terms of use, all in the name of AI training, which states:

In some cases, Meta will review your interactions with AIs, including the content of your conversations with or messages to AIs, and this review may be automated or manual (human).

This all means that Meta and their third-party contractors will have access to at least some of what you record, and it’s very hard as a user to know where footage goes, who will have access to it, and what they will do with it. When you save footage to your phone’s camera roll, which is where the Meta AI app stores content, that might also be sent to Apple or Google’s servers, depending on your settings. Employees at these companies can then possibly access that media, and it could be shared with law enforcement.

The recorded audio from conversations with Meta AI are also saved by default, and if you don’t like that, tough luck, unless you go in and manually delete them every time you say something.

Filming all the time is even more privacy invasive than you think

A common argument in favor of using the cameras in smartglasses is that phones and cameras can do this too, and it’s never been a problem. 

But smartglasses are designed to resemble regular glasses, to the point where most reviews point out how friends didn’t notice that they had cameras embedded in them. They’re designed to be invisible to those being recorded—outside of a small indicator light when they’re recording video footage (that cheap hacks can disable)—whereas it is often obvious that a person is recording if they pull their phone out of their pocket and point it at someone else.

They’re designed to be invisible to those being recorded, outside of a small indicator light when they’re recording.

Moreover, constant recording of everything in public spaces can create all sorts of potential privacy problems, some more obvious than others. This is another way that cameras on glasses are different from cameras on phones: it is far easier to constantly record one’s whereabouts with the former than the latter. If you continuously record, maybe you just happen to catch someone entering their passcode or password onto their phone or computer at a coffee shop, or broadcast someone’s bank details when you’re standing in line at an ATM. That doesn’t even begin to get into when smartglasses are intentionally used for less socially responsible means. And some people may forget to turn off their smartglasses when they enter a private space like a bathroom.  

And if you find yourself caught on someone’s camera, there’s not much you can do in recourse. If you do notice a stranger recording you, it’s up to you to intervene and ask not to be included in that footage, which can easily turn awkward or confrontational.

Our expectations of privacy shift when we’re in public, but bystanders in many cases will still have privacy interests. Public spaces are a place where you will be seen, but that shouldn’t mean it’s suddenly okay to catalog and identify everyone.

Consider the company’s track record and public statements

Meta, Google, Apple—perhaps one benefit of all the major tech companies entering this market is that we already have a good idea of how much they tend to respect the privacy of their users or the openness of their platforms. Spoiler, it’s often not much.

Meta has a long history of privacy invasive technologies and practices. We’ve heard rumblings that Meta hopes to add face recognition to its smartglasses, preferably, “during a dynamic political environment where many civil society groups that we would expect to attack us would have their resources focused on other concerns.” Yikes. This is a monumentally bad idea that should be abandoned by Meta and any of its competitors considering a similar feature. But regardless of whether they launch this feature, it’s a pretty clear indication of where Meta wants these sorts of devices to go. 

If You Have Smartglasses Already

Opt out of sharing with Meta where you can

You can disable a couple of the features where unnecessary data is sent to Meta. In the Meta AI app, under the device settings, there’s a privacy page where you can disable sharing additional data, and more importantly, turn off “Cloud media,” where your photos and videos are sent to Meta’s cloud for processing and temporary storage. 

Decide your use-case and stick to it

These glasses can be useful for filming a variety of activities. We’ve seen fascinating scenes of tattoo artists doing their work (with client’s permission), and it doesn’t take a stretch of the imagination to see how people might use it to film extreme sports. Even on an everyday level, you might find them useful for capturing holidays, birthdays, and all sorts of other private occasions. 

But if you buy these glasses for a specific, mostly private purpose, it is probably best to stick to that, instead of wearing them everywhere and recording everything you do.

Follow the rules of businesses and social expectations

You often have a right to record in public spaces, but that doesn’t mean other people will like it. Businesses, including restaurants and stores, may want nothing to do with continuous filming and may either post a sign asking you not to use smartglasses, or ask you to stop. This may reflect the preferences not just of the business owner, but the people around you. And don’t use glasses to record when you enter other people’s private spaces like bathrooms or changing rooms.

It’s also a good idea to check in with friends and family before tapping that record button at a social gathering. Some people may not be as comfortable with these glasses as they are with other recording equipment.

Consider blurring strangers if you’re going to upload video

Blurring video footage isn’t an easy task, but if you’re considering uploading footage from something like a protest, it may be worth the effort to do so (apps like Meta’s Edits simplify this process, as do some other video sites, like YouTube). Some people don’t want the government to see their faces at protests, and might be afraid to attend if other people are uploading their faces.

Some people don’t want the government to see their faces at protests, and might be afraid to attend if other people are uploading their faces.

It would be better if Meta leveraged its AI features to offer this sort of feature automatically, especially with livestreaming. It’s not that outlandish of a request, as it seems like the company tries to blur faces automatically in footage it captures for annotation, though it’s not always reliable. After all, Google began redacting faces in Street View years ago, following privacy concerns from groups like EFF.

Resist face recognition

Adding facial recognition technology to smartglasses would obliterate the privacy of everyone. We cannot let companies push face recognition into these glasses, and as a user, you should make your voice clear that this is not something you want.

Smartglasses don’t have to be used to decimate the privacy of anyone you encounter during the day. There are legitimate uses out there, but it’s up to those who use them to respect the social norms of the spaces they enter and the people they encounter.

Privacy's Defender: Launch Party in Berkeley

9 March 2026 at 20:29

We're celebrating the launch of Privacy's Defender, a new book by EFF Executive Director Cindy Cohn on Thursday, March 12—and we want you to join us! Cindy has tangled with the feds, fought for your data security, and argued before judges to protect our access to science and knowledge on the internet. In Privacy's Defender she asks: can we still have private conversations if we live our lives online?

Join the festivities for a live conversation between Cindy Cohn and Annalee Newitz followed by a book signing with Cindy.

REGISTER TODAY! 

$20 General Admission for 1
$30 Discounted tickets for 2
$12.50 Student Ticket
All proceeds benefit EFF's mission.

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Save $10 when you preorder the book with your ticket purchase

WHEN:
Thursday, March 12th, 2026
6:30 pm to 9:30 pm

WHERE:
Ciel Creative Space
Entrance located at:
940 Parker St, Berkeley, CA 94710

6:30 PM Doors Open
7:15 PM Program Begins


About the book

Throughout her career, Cindy Cohn has been driven by a fundamental question: Can we still have private conversations if we live our lives online? Privacy’s Defender chronicles her thirty-year battle to protect our right to digital privacy and shows just how central this right is to all our other rights, including our ability to organize and make change in the world.

Shattering the hypermasculine myth that our digital reality was solely the work of a handful of charismatic tech founders, the author weaves her own personal story with the history of Crypto Wars, FBI gag orders, and the post-9/11 surveillance state. She describes how she became a seasoned leader in the early digital rights movement, as well as how this work serendipitously helped her discover her birth parents and find her life partner. Along the way, she also details the development of the Electronic Frontier Foundation, which she grew from a ragtag group of lawyers and hackers into one of the most powerful digital rights organizations in the world.

Part memoir and part legal history for the general reader, the book is a compelling testament to just how hard-won the privacy rights we now enjoy as tech users are, but also how crucial these rights are in our efforts to combat authoritarianism, grow democracy, and strengthen other human rights. Learn about the Privacy's Defender book tour.

Parking

Street parking is available around the building.

Accessibility

The main event space is wheelchair accessible, on concrete. Lively music will be playing, and the speakers will be using a microphone, so louder volumes are expected. EFF is committed to improving accessibility for our events. If you will be attending in-person and need accommodation, or have accessibility questions prior to the event, please contact events@eff.org.

Food and Drink

Wine & Beer will be available for purchase. Cellarmaker Brewing Co., located next door to Ciel Space, will be serving food until 8:00 pm. 

Questions?

Email us at events@eff.org.

About the Speakers

Cindy Cohn
Cindy Cohn is the Executive Director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel.  Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. 

Ms. Cohn has been named to TheNonProfitTimes 2020 Power & Influence TOP 50 list, honoring 2020's movers and shakers.  In 2018, Forbes included Ms. Cohn as one of America's Top 50 Women in Tech. The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." She was also named in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online."  In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 the Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.  

Ms. Cohn is the author of the professional memoir, called Privacy's Defender to be published by MIT Press in March, 2026. She is also the co-host of EFF's award-winning podcast, How to Fix the Internet.  

 

Annalee Newitz
Annalee Newitz writes science fiction and nonfiction. They are the author of four novels: Automatic Noodle, The Terraformers, The Future of Another Timeline, and Autonomous, which won the Lambda Literary Award. As a science journalist, they are the author of Stories Are Weapons: Psychological Warfare and the American Mind, Four Lost Cities: A Secret History of the Urban Age and Scatter, Adapt and Remember: How Humans Will Survive a Mass Extinction, which was a finalist for the LA Times Book Prize in science. They are a writer for the New York Times and elsewhere, and have a monthly column in New Scientist. They have published in The Washington Post, Slate, Scientific American, Ars Technica, The New Yorker, and Technology Review, among others. They were the co-host of the Hugo Award-winning podcast Our Opinions Are Correct, and have contributed to the public radio shows Science Friday, On the Media, KQED Forum, and Here and Now. Previously, they were the founder of io9, and served as the editor-in-chief of Gizmodo.

EFFecting Change: Privacy's Defender

9 March 2026 at 18:39

Join EFF Executive Director Cindy Cohn in conversation with 404 Media Cofounder Jason Koebler to discuss Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance, Cindy’s personal story of standing up to the Justice Department, taking on the NSA, and tangling with the FBI to protect our right to digital privacy. The highly anticipated book asks the fundamental question: Can we still have private conversations if we live our lives online? Join the livestream for a live discussion followed by by Q&A.

EFFecting Change Livestream Series:
Privacy's Defender
Thursday, March 19th
11:00 AM - 12:00 PM Pacific
This event is LIVE and FREE!

RSVP Today


Accessibility

This event will be live-captioned and recorded. EFF is committed to improving accessibility for our events. If you have any accessibility questions regarding the event, please contact events@eff.org.

Event Expectations

EFF is dedicated to a harassment-free experience for everyone, and all participants are encouraged to view our full Event Expectations.

Upcoming Events

Want to make sure you don’t miss our next livestream? Here’s a link to sign up for updates about this series: eff.org/ECUpdates. If you have a friend or colleague that might be interested, please join the fight for your digital rights by this link: eff.org/EFFectingChange. Thank you for helping EFF spread the word about privacy and free expression online.

Recording

We hope you and your friends can join us live! If you can't make it, we’ll post the recording afterward on YouTube and the Internet Archive!

About the Speakers

 

 Cindy Cohn 
Cindy Cohn is the Executive Director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel.  Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Ms. Cohn has been named to TheNonProfitTimes 2020 Power & Influence TOP 50 list, honoring 2020's movers and shakers.  In 2018, Forbes included Ms. Cohn as one of America's Top 50 Women in Tech. The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." She was also named in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online."  In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 the Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.  

 Jason Koebler 
Jason Koebler is a cofounder of 404 Media, a journalist-owned investigative tech publication. He reports on surveillance and privacy, the ways that artificial intelligence is changing the internet, labor, and society, and consumer rights. Before 404 Media, he was the editor-in-chief of Motherboard, VICE's technology publication and an executive producer on Encounters, a Netflix documentary about the search for alien life.





Admiring Our Heroes for International Women’s Day: Celebrating Women Who Have Received EFF Awards 

7 March 2026 at 01:57

For the last hundred years, women have had pivotal and far too often unsung roles in building and shaping the technology that we now use every day. Many have heard of Ada Lovelace’s contributions to computer programming, but far fewer know Mary Allen Wilkes, a prominent modern programmer who wrote much of the software for the LINC, one of the world’s first interactive personal computers (it could fit in a single office and cost $40,000, but it was the 60’s). Decades earlier, when the first all-electronic, digital Eniac computer was built in the 40’s, the “software” for it was written by women: Kathleen McNulty, Jean Jennings, Betty Snyder, Marlyn Wescoff, Frances Bilas and Ruth Lichterman. 

It’s thankfully become more common knowledge that actor and inventor Hedy Lamarr co-created the concept of "frequency-hopping" that became a basis for radio systems from cell phones to wireless networking systems. But too few know Laila Ohlgren, who in the 1970’s solved a major problem with the development of mobile networks and phones by recognizing that dialed numbers could be stored and sent all at once with a “call button,” rather than sent one number at a time, which created connection issues before a call was even made. 

Women in tech deserve more and brighter spotlights. At EFF, we’ve had the honor of celebrating some of our heroes at our annual EFF Awards, including many women who are leading the digital rights community. For International Women’s Day, we’re highlighting the contributions of just a few of these recipients from the last decade, whose work to protect privacy, speech, and creativity online has had a global impact.

Carolina Botero (EFF Award Winner, 2024) 

Carolina Botero is a leader in the fight for digital rights in Latin America. For over a decade, she led the Colombia-based Karisma Foundation and cultivated its regional and international impact. Botero and Karisma helped connect indigenous peoples to the internet and made it possible to contribute content to Wikipedia in their native language, expanding access to both history and modern information. They built alliances to combat disinformation, pushed for legal tools to protect cultural and heritage institutions from digital blackholes, and were, and remain, a necessary voice speaking for human rights in the online world. EFF worked closely with Karisma and Botero to help free Colombian graduate student Diego Gomez, who shared another student’s Master’s thesis with colleagues over the internet. Diego’s story demonstrates what can go wrong when nations enact severe penalties for copyright infringement, and thanks to work from Karisma, many partners, and many EFF supporters, he was cleared of the criminal charges that he faced for this harmless act of sharing scholarly research.

Carolina Botero receiving her EFF Award

Botero stepped down from the role in 2024, opening the door for a new generation. While her work continues—she’s currently on the advisory board of CELE, the Centro de Estudios en Libertad de Expresión—her EFF Award was well-deserved based on her strong and inspiring legacy for those in Latin America and beyond who advocate for a digital world that enhances rights and empowers the powerless. Learn more about Botero on her EFF Awards page and the recap of the 2024 event

Chelsea Manning (EFF Award Winner, 2017)

Chelsea Manning became famous as a whistleblower: In 2010, she disclosed classified Iraq War documents, including a video of the killings of Iraqi civilians and two Reuters reporters by U.S. troops. These documents exposed aspects of U.S. operations in Iraq and Afghanistan that infuriated the public and embarrassed the government. But she is also a transparency and transgender rights advocate, network security expert, author, and former U.S. Army intelligence analyst. 

Manning joined the military in 2007. Her role as an intelligence analyst to an Army unit in Iraq in 2009 gave her access to classified databases, but more importantly, it gave her a uniquely comprehensive view of the war in Iraq, and she became increasingly disillusioned and frustrated by what she saw, versus what was being shared. In 2010, she approached major news outlets hoping to give information to them that would reveal a new side of the war to the public. Ultimately, she shared the documents with Wikileaks. 

Manning’s bravery did not end there. When she was arrested a few months later, she endured "cruel, inhuman and degrading" treatment, according to the UN Special Rapporteur on torture. She was locked up alone for 23 hours a day over an 11-month period, before her trial. The mistreatment resulted in public outcry and advocacy by organizations like Amnesty International. Even a State Department spokesperson, Philip Crowley, criticized the treatment as "ridiculous, counterproductive, and stupid," and resigned. She was moved to a medium-security facility in April 2011. 

The government’s charges against Manning were outrageous, but in 2013 she was convicted of 19 of 22 counts as a result of her whistleblowing activities. She became one of fewerthan a dozen people prosecuted for espionage in the entire history of the United States, and she was sentenced to the longest punishment ever imposed on a whistleblower. Then, the day after her conviction, isolated from her community and in all likelihood expecting to remain in prison for years if not decades, she courageously issued a statement identifying herself as a trans woman, which she’d wanted to reveal for years. 

Over the next several years, while imprisoned, she became an advocate both for government transparency and for transgender rights. Her conviction and sentence pointed to the need for legal reform of both the Computer Fraud and Abuse Act (CFAA) and the Espionage Act.  EFF filed an amicus brief to the U.S. Army Court of Criminal Appeals arguing that the CFAA was never meant to criminalize violations of private policies like those of government systems, and EFF also pushed, and continues to fight for, narrower interpretations of the Espionage Act and stronger protections for whistleblowers, particularly to take into account both the motivation of individuals who pass on documents and the disclosure’s ramifications. 

Even after President Obama commuted her sentence in 2017, and EFF celebrated her work and her release with an EFF award in September, 2017, her fight wasn’t over. She was imprisoned again twice in 2019 and ultimately fined $256,000 for refusing to testify before grand juries investigating WikiLeaks founder Julian Assange. The U.N. Special Rapporteur on torture again criticized Manning’s treatment, writing that "the practice of coercive detention appears to be incompatible with the international human rights obligations of the United States." 

Manning was released in 2020 after having spent almost a decade in total imprisoned for her courage. She wrote a memoir, README.txt, in 2022, to take back control over her story.

EFF Award Winners Mike Masnick, Annie Game, and Chelsea Manning

Annie Game (EFF Award Winner, 2017)

Annie Game spent over 16 years as the Executive Director of IFEX, a global network of journalism and civil liberties organizations working together to defend freedom of expression.  IFEX (formerly International Freedom of Expression Exchange) began in the 1990s, when a group of organizations and the Canadian Committee to Protect Journalists came together to consider how to respond as a single voice to free-expression violations around the world. IFEX now is a global hub for the protection of free speech and journalism. 

Game recognized early on that digital rights and freedom of expression groups needed one another. Under her leadership, IFEX paired more traditional free-expression organizations with their more digital counterparts, with a focus on building organizational security capacities. IFEX Initiatives under Game’s leadership have been expansive. For example, the International Day to End Impunity for Crimes against Journalists, November 2, has been an annual wake-up call and reminder for UN member states to live up to their commitments to protecting journalists. UNESCO observed more than 1,700 journalists were killed globally between 2006 and 2024, and nearly 90% of these cases went unsolved in the courts. 

Game and IFEX have also focused on high-profile cases of journalists threatened by governments for their work, such as Bahey eldin Hassan in Egypt. Bahey is the director of the Cairo Institute for Human Rights Studies (CIHRS) and has advocated for freedom of expression and the basic human rights of Egyptians, but has lived in exile since 2014. The charges against him, of “disseminating false information” and “insulting the judiciary,” are common tactics of intimidation and harassment. Bahey’s supposed crimes were sharing social media posts criticising the Egyptian judiciary’s lack of independence, and speaking about the killing in Egypt of Italian researcher Giulio Regeni. Bahey—an IFEX member—is just one of many reporters and human rights workers in danger when they speak. But when journalists and those defending their rights online speak out as one voice, as IFEX helps them do, it makes a difference. 

Another initiative has been the Faces of Free Expression project, a partnership between IFEX and the International Free Expression Project. If you’re looking for more heroes, this project details the stories of “risk-takers and change-makers – individuals who put their careers, their freedom, their safety, and sometimes even their lives on the line,” while reporting, or defending free expression and the right to information. 

Wherever authoritarianism and repression of speech have been on the rise, Game has unapologetically called out injustices and made it safer for journalists to do their work, while ensuring accountability when crimes are committed. The work is more critical now than ever, and since leaving IFEX in 2022, she’s remained an activist while focusing increasingly on environmental protection. 

Twelve More Heroes 

EFF has honored many more women with awards over the years—from Anita Borg and Hedy Lamarr to Amy Goodman and Beth Givens. This blog from 2012 looks back and acknowledges the important contributions from twelve more EFF Award winners. 

We’ve also asked five women at EFF about women in digital rights, freedom of expression, technology, and tech activism who have inspired us. You can read that here.

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The Government Uses Targeted Advertising to Track Your Location. Here's What We Need to Do.

5 March 2026 at 15:00

We've all had the unsettling experience of seeing an ad online that reveals just how much advertisers know about our lives. You're right to be disturbed. Those very same online ad systems have been used by the government to warrantlessly track peoples' locations, new reporting has confirmed.

For years, the internet advertising industry has been sucking up our data, including our location data, to serve us "more relevant ads." At the same time, we know that federal law enforcement agencies have been buying up our location data from shady data brokers that most people have never heard of.

Now, a new report gives us direct evidence that Customs and Border Protection (CBP) has used location data taken from the internet advertising ecosystem to track phones. In a document uncovered by 404 Media, CBP admits what we’ve been saying for years: The technical systems powering creepy targeted ads also allow federal agencies to track your location.

The document acknowledges that a program by the agency to use "commercially available marketing location data" for surveillance drew from the process used to select the targeted ads shown to you on nearly every website and app you visit. In this blog post, we'll tell you what this process is, how it can and is being used for state surveillance, and what can be done about it—by individuals, by lawmakers, and by the tech companies that enable these abuses.

Advertising Surveillance Enables Government Surveillance

The online advertising industry has built a massive surveillance machine, and the government can co-opt it to spy on us. 

In the absence of strong privacy laws, surveillance-based advertising has become the norm online. Companies track our online and offline activity, then share it with ad tech companies and data brokers to help target ads. Law enforcement agencies take advantage of this advertising system to buy information about us that they would normally need a warrant for, like location data. They rely on the multi-billion-dollar data broker industry to buy location data harvested from people’s smartphones.

We’ve known for years that location data brokers are one part of federal law enforcement's massive surveillance arsenal, including immigration enforcement agencies like CBP and Immigration and Customs Enforcement (ICE). ICE, CBP and the FBI have purchased location data from the data broker Venntell and used it to identify immigrants who were later arrested. Last year, ICE purchased a spy tool called Webloc that gathers the locations of millions of phones and makes it easy to search for phones within specific geographic areas over a period of time. Webloc also allows them to filter location data by the unique advertising IDs that Apple and Google assign to our phones.

But a document recently obtained by 404 Media is the first time CBP has acknowledged the location data it buys is partially sourced from the system powering nearly every ad you see online: real-time bidding (RTB). As CBP puts it, “RTB-sourced location data is recorded when an advertisement is served.” 

Even though this document is about a 2019-2021 pilot use of this data, CBP and other federal agencies have continued to purchase and use commercially obtained location data. ICE has purchased location tracking tools since then and recently requested information on “Ad Tech” tools it could use for investigations. 

The CBP document acknowledges two sources of location data that it relies on: software development kits (SDKs) and RTB, both methods of location-tracking that EFF has written about before. Apps for weather, navigation, dating, fitness, and “family safety” often request location permissions to enable key features. But once an app has access to your location, it could share it with data brokers directly through SDKs or indirectly (and often without the app developers' knowledge) through RTB. Data brokers can collect location data from SDKs that they pay developers to put in their apps. When relying on RTB, data brokers don’t need any direct relationship with the apps and websites they’re collecting location data from. RTB is facilitated by ad companies that are already plugged into most websites and apps. 

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How Real-Time Bidding Works

RTB is the process by which most websites and apps auction off their ad space. Unfortunately, the milliseconds-long auctions that determine which ads you see also expose your information, including location data, to thousands of companies a day. At a high-level, here’s how RTB works:

  1. The moment you visit a website or app with ad space, it asks an ad tech company to determine which ads to display for you. 
  2. This ad tech company packages all the information they can gather about you into a “bid request” and broadcasts it to thousands of potential advertisers. 
  3. The bid request may contain information like your unique advertising ID, your GPS coordinates, IP address, device details, inferred interests, demographic information, and the app or website you’re visiting. The information in bid requests is called “bidstream data” and typically includes identifiers that can be linked to real people. 
  4. Advertisers use the personal information in each bid request, along with data profiles they’ve built about you over time, to decide whether to bid on the ad space. 
  5. The highest bidder gets to display an ad for you, but advertisers (or the adtech companies that represent them) can collect your bidstream data regardless of whether or not they bid on the ad space.   

A key vulnerability of real-time bidding is that while only one advertiser wins the auction, all participants receive data about the person who would see their ad. As a result, anyone posing as an ad buyer can access a stream of sensitive data about billions of individuals a day. Data brokers have taken advantage of this vulnerability to harvest data at a staggering scale. For example, the FTC found that location data broker Mobilewalla collected data on over a billion people, with an estimated 60% sourced from RTB auctions. Leaked data from another location data broker, Gravy Analytics, referenced thousands of apps, including Microsoft apps, Candy Crush, Tinder, Grindr, MyFitnessPal, pregnancy trackers and religious-focused apps. When confronted, several of these apps’ developers said they had never heard of Gravy Analytics. 

As Venntel, one of the location data brokers that has sold to ICE, puts it, “Commercially available bidstream data from the advertising ecosystem has long been one of the most comprehensive sources of real-time location and device data available.” But the privacy harms of RTB are not just a matter of misuse by individual data brokers. RTB auctions broadcast the average person’s data to thousands of companies, hundreds of times per day, with no oversight of how this information is ultimately exploited. Once your information is broadcast through RTB, it’s almost impossible to know who receives it or control how it’s used. 

What You Can Do To Protect Yourself

Revelations about the government's exploitation of this location data shows how dangerous online tracking has become, but we’re not powerless. Here are two basic steps you can take to better protect your location data:

  1. Disable your mobile advertising ID (see instructions for iPhone/Android). Apple and Google assign unique advertising IDs to each of their phones. Location data brokers use these advertising IDs to stitch together the information they collect about you from different apps. 
  2. Review apps you’ve granted location permissions to. Apps that have access to your location could share it with other companies, so make sure you’re only granting location permission to apps that really need it in order to function. If you can’t disable location access completely for an app, limit it to only when you have the app open or only approximate location instead of precise location. 

For more tips, check out EFF’s guide to protecting yourself from mobile-device based location tracking. Keep in mind that the security plan that’s best for you will vary in different situations. For example, you may want to take stronger steps to protect your location data when traveling to a sensitive location, like a protest. 

What Tech Companies and Lawmakers Must Do

Legislators and tech companies must act so that individuals don’t bear the burden of defending their data every time they use the internet.

Ad tech companies must reckon with their role in warrantless government surveillance, among other privacy harms. The systems they built for targeted advertising are actively used to track people’s location. The best way to prevent online ads from fueling surveillance is to stop targeting ads based on detailed behavioral profiles. Ads can still be targeted contextually—based on the content people are viewing—without collecting or exposing their sensitive personal information. Short of moving to contextual advertising, tech companies can limit the use of their systems for government location tracking by:

  • Stopping the use of precise location data for targeted advertising. Ad tech companies facilitating ad auctions can and should remove precise location data from bid requests. Ads can be targeted based on people’s coarse location, like the city they’re in, without giving data brokers people’s exact GPS coordinates. Precise location data can reveal where we work, where we live, who we meet, where we protest, where we worship, and more. Broadcasting it to thousands of companies a day through RTB is dangerous.
  • Removing advertising IDs from devices, or at minimum, disabling them by default. Advertising IDs have become a linchpin of the data broker economy and are actively used by law enforcement to track people’s location. Advertising IDs were added to phones in 2012 to let companies track you, and removing them is not a far-fetched idea. When Apple forced apps to request access to people’s advertising IDs starting in 2021 (if you have an iPhone you’ve probably seen the "Ask App Not to Track" pop-ups), 96% of U.S. users opted out, essentially disabling advertising IDs on most iOS devices. One study found that iPhone users were less likely to be victims of financial fraud after Apple implemented this change. Google should follow Apple’s lead and disable advertising IDs by default.

Lawmakers also need to step up to protect their constituents' privacy. We need strong, federal privacy laws to stop companies from spying on us and selling our personal information. EFF advocates for data privacy legislation with teeth and a ban on ad targeting based on online behavioral profiles, as it creates a financial incentive for companies to track our every move.

Legislators can and must also close the "data broker loophole" on the Fourth Amendment. Instead of obtaining a warrant signed by a judge, law enforcement agencies can just buy location data from private brokers to find out where you've been. Last year, Montana became the first state in the U.S. to pass a law blocking the government from buying sensitive data it would otherwise need a warrant to obtain. And in 2024, Senator Ron Wyden's EFF-endorsed Fourth Amendment is Not for Sale Act passed the House before dying in the Senate. Others should follow suit to stop this end-run around constitutional protections.

Online behavioral advertising isn’t just creepy–it’s dangerous. It's wrong that our personal information is being silently harvested, bought by shadow-y data brokers, and sold to anyone who wants to invade our privacy. This latest revelation of warrantless government surveillance should serve as a frightening wakeup call of how dangerous online behavioral advertising  has become.

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Victory! Tenth Circuit Finds Fourth Amendment Doesn’t Support Broad Search of Protesters’ Devices and Digital Data

27 February 2026 at 07:03

In a big win for protesters’ rights, the U.S. Court of Appeals for the Tenth Circuit overturned a lower court’s dismissal of a challenge to sweeping warrants to search a protester’s devices and digital data and a nonprofit’s social media data.

The case, Armendariz v. City of Colorado Springs, arose after a housing protest in 2021, during which Colorado Springs police arrested protesters for obstructing a roadway. After the demonstration, police also obtained warrants to seize and search through the devices and data of Jacqueline Armendariz Unzueta, who they claimed threw a bike at them during the protest. The warrants included a search through all of her photos, videos, emails, text messages, and location data over a two-month period, as well as a time-unlimited search for 26 keywords, including words as broad as “bike,” “assault,” “celebration,” and “right,” that allowed police to comb through years of Armendariz’s private and sensitive data—all supposedly to look for evidence related to the alleged simple assault. Police further obtained a warrant to search the Facebook page of the Chinook Center, the organization that spearheaded the protest, despite the Chinook Center never having been accused of a crime.

The district court dismissed the civil rights lawsuit brought by Armendariz and the Chinook Center, holding that the searches were justified and that, in any case, the officers were entitled to qualified immunity. The plaintiffs, represented by the ACLU of Colorado, appealed. EFF—joined by the Center for Democracy and Technology, the Electronic Privacy Information Center, and the Knight First Amendment Institute at Columbia University—wrote an amicus brief in support of that appeal.

In a 2-1 opinion, the Tenth Circuit reversed the district court’s dismissal of the lawsuit’s Fourth Amendment search and seizure claims. The court painstakingly picked apart each of the three warrants and found them to be overbroad and lacking in particularity as to the scope and duration of the searches. The court further held that in furnishing such facially deficient warrants, the officers violated “clearly established” law and thus were not entitled to qualified immunity. Although the court did not explicitly address the First Amendment concerns raised by the lawsuit, it did note the backdrop against how these searches were carried out, including animus by Colorado Springs police leading up to the housing protest.

It is rare for appellate courts to call into question any search warrants. It’s even rarer for them to deny qualified immunity defenses. The Tenth Circuit’s decision should be celebrated as a big win for protesters and anyone concerned about police immunity for violating people’s constitutional rights. The case is now remanded back to the district court to proceed—and hopefully further vindicate the privacy rights we all have in our devices and digital data.

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