In practical terms, smartphones generate at least three kinds of digital exposure.

The first is identification risk, including through facial recognition technology. When you post footage, you may be sharing identifiable faces, tattoos, voices, license plates, school logos or even a distinctive jacket. That can enable law enforcement to identify people in your recordings through investigative tools, and online crowds to identify people and dox or harass them, or both.

That risk grows when agencies deploy facial recognition in the field. For example, ICE is using a facial recognition app called Mobile Fortify.

Facial recognition accuracy also isn’t neutral. National Institute of Standards and Technology testing has documented that the technology does not perform equally across different demographic groups, meaning the risk of misidentification is not evenly distributed across groups. For example, studies have shown lower recognition accuracy for people with darker skin color.

Second is the risk of revealing your location. Footage isn’t just images. Photos and video files often contain metadata such as timestamps and locations, and platforms also maintain additional logs. Even if you never post, your phone still emits a steady stream of location signals.

This matters because agencies can obtain location through multiple channels, often with different levels of oversight.

Agencies can request location or other data from companies through warrants or court orders, including geofence warrants that sweep up data about every device in a place during a set time window.

Agencies can also buy location data from brokers. The Federal Trade Commission has penalized firms for unlawfully selling sensitive location information.

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