GPS Tracking

An Ongoing Debate

In 2005, Senator and future 44^th President Barack Obama invested a significant amount of his personal funds into a company known as SkyTerra, which would later assume the name LightSquared.  As the initial name suggests, the company planned to establish a network of terrestrial (ground-based) communication systems that would allow for unparalleled satellite and mobile device communication.  In January 2011, the FCC granted LightSquared unprecedented access to expand their operations into the wireless internet bandwidth spectrum as part of Obama’s plan to increase access and performance of broadband internet services to people nationwide.  Opponents of this expansion claim that the terrestrial stations will pose a significant signal disruption in the same bandwidth frequency utilized by our country’s GPS tracking constellation of satellites and thus greatly inhibiting the operations of law enforcement, fleet management, and other vehicle tracking services that rely on GPS trackers and the satellite system on a daily basis.  As testing of LightSquared’s technology is very much on the horizon, majority shareholder Philip Falcone is coming under fire amid accusations that he unjustly influenced the FCC’s paramount decision to grant LightSquared such massive technological free reign of the L-band frequency that GPS tracking systems rely on for proper functionality.

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An Ongoing Legal Gray Area

In an economy where one’s job is one of the most valuable assets you can possess, many employees are developing a fear that taking leave for personal reasons may be seen by their employers as a sign of disloyalty and may constitute grounds for probation or even termination of employment.  Physician Dr Louis J. Nitsos (Louis Nitsos) notes that when there is a disconnect in communication between employer and employee regarding reasons for time off and the length of intended leave, the potential for unwarranted termination or hostility in the workplace upon the employee’s return is greatly amplified.  With all of the current controversy surrounding law enforcement’s use of GPS tracking systems to track suspects without a warrant and whether or not this is a violation of the Fourth Amendment, authors and medical experts such as Dr. Nitsos have recently begun to wonder aloud whether an employer may take the same course of action as law enforcement and use a GPS tracking device to track an employee who is suspected of taking unfair advantage of the Family and Medical Leave Act (FMLA).

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When a consumer is researching Global Positioning System (GPS tracking) technology, the question of legality often is raised. Can drivers’ whereabouts be logged without notification? If they are notified, is their consent required?

The laws on vehicle tracking might differ from state to state, and so might any individual’s interpretation of them. The majority of companies selling vehicle tracking systems advise that the buyer seek legal counsel and/or consult local authorities about the devices. Ultimately, the user is responsible for its appropriate use.

Under most circumstances, GPS tracking is permitted with the consent of the vehicle’s registered owner. This covers two of the most common scenarios for using GPS tracking systems: In small businesses and private households.

Business and fleet management

Companies lose money each year due to poor productivity. Anyone who has ever managed a workplace will agree that people find ways to make company rules and policies work more to their advantage.

Executives are getting serious about uncovering policy-abusers, and they feel more comfortable when they have GPS data as evidence against lawsuits or investigations that result from a termination, reported the “2007 Electronic Monitoring & Surveillance Survey,” (conducted by the American Management Association and the ePolicy Institute.)
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