A bipartisan group of Ohio lawmakers has re-introduced a bill to generally prohibit the installation of an electronic tracking device on someone else’s property without the other person’s consent.
Senate Bill (SB) 100, sponsored by State Senators Nathan Manning (R-North Ridgeville) and Nickie Antonio (D-Lakewood), aims to establish the use of tracking devices for menacing or stalking purposes as its own offense under Ohio law – a move that the bill’s sponsors say closes a loophole in current state statutes.
This legislation is a re-introduction of SB 339 from the previous General Assembly. Currently, the states stalking and menacing statutes deal with the cases of unwanted tracking. However, according to Antonio, the definition of a “pattern of conduct” with an electronic device is ambiguous in the current tracking statute.
“Right now, Ohio’s stalking code does not include the use of electronic tracking devices. Clearly, that law was put into the code long before we ever had small electronic tracking devices, like Apple AirTags, thus the application of the law is inconsistent. These easily accessible and relatively inexpensive devices have plenty of useful purposes, but should never be used without consent. Ohioans deserve protection from all forms of stalking, especially as technology continues to evolve,” Antonio said.
The legislation’s re-introduction comes about a year after Apple, who developed the technology, responded to allegations of unwanted tracking using AirTags. Apple created the pocket-sized tracking gadget as a means for users to find possessions like wallets and keys.
But a horrifying discovery made by an Akron woman—first revealed by a Cleveland television station—that her ex-partner had stuck an Apple AirTag to the underside of her car to track her whereabouts led lawmakers to take action.
According to Manning, technology, especially these tracking devices, can be dangerous.
“Obviously, technology can be a great thing for convenience, for safety, but it can also be a dangerous thing, and that’s what we’re seeing with these tracking devices,” Manning said.
Ohio Attorney General Dave Yost applauded the legislation saying that it will help reduce criminal misuse of these devices for “nefarious purposes.”
“Modern tracking devices, such as the Apple AirTag, are designed to help users locate objects they own. They are also subject to misuse by criminals for nefarious purposes, such as stalking. As technology advances, updates to the Ohio Revised Code are needed regularly to allow courts to effectively bring those who violate the privacy of others to justice. Senate Bill 100 would accomplish this goal by clearly prohibiting the use of tracking devices to locate victims against their will,” Yost said.
According to Manning, those convicted of the offense outlined in SB 100 would be classified as a first-degree misdemeanor punishable by up to six months in jail or a $1,000 fine.
Republican State Representative Tom Patton (R-Strongsville) has unveiled companion legislation in the House, House Bill (HB) 91, which includes nearly identical language to SB 100.
SB 100 is currently under review by the Senate Financial Institutions and Technology Committee.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Nathan Manning” by State Senator Nathan Manning. Photo “Nickie Antonio” by The Ohio Senate. Background Photo “Ohio Statehouse” by Larry Syverson. CC BY-SA 2.0.
