Anti-vehicle stalking law expands domestic abuse protections in CA

A new bill aimed at protecting domestic violence victims from tech-enabled abuse – such as being tracked using location data provided by the victim’s own vehicle – is signed into law by California’s Governor.

The new automobile anti-tracking law, known as SB 1394, requires car manufacturers to disable an abuser’s access to remote vehicle technology within two business days of a victim’s request, with proper documentation.

This will prevent abusers from stalking victims and even manipulating the controls of the victim’s vehicle, the Governor's office said.

The bill – one of eight separate bills protecting domestic violence survivors – was signed by California’s Gavin Newsom with bi-partisan support on Friday.

“California is helping domestic violence victims escape abusers & rebuild their lives. Whether it’s eliminating barriers to restraining orders or providing victim restitution & anti-tracking mandates, our commitment to survivors continues,” Newsom posted on X.

California is helping domestic violence victims escape abusers & rebuild their lives.

Whether it’s eliminating barriers to restraining orders or providing victim restitution & anti-tracking mandates, our commitment to survivors continues.https://t.co/wCCMyKl5Cm

undefined California Governor (@CAgovernor) September 27, 2024

Technology covered under the bill includes any app-connected, remote, and GPS-based vehicle technology.

“A car should symbolize independence, not a tool for control and fear, and no victim of domestic violence should be forced to choose between their safety and their mobility,” said Adam Dodge, founder of EndTAB, a cyber abuse safety training organization advocating to end tech-enabled abuse.

“A choice between being tracked or being trapped is no choice at all,” Dodge said.

Auto-makers responsible for creating mechanisms

According to California Senator Dave Min (D-Irvine), who first introduced the bill in February, there have been numerous cases where car manufacturers, “including Tesla and Mercedes, have been unwilling or unable to disable GPS access.”

This has been even when abusers were proven to have “exploited location tracking to stalk, harass, surveil, and intimidate survivors,” Min said.

By next July, car manufacturers are expected to have processes in place for a driver to request the disconnection of a person’s access to a connected vehicle’s services.

The victim would further be required to provide documentation, such as proof of legal possession of the vehicle or a domestic violence restraining order (DVRO) that awards possession of the vehicle in question, the law states.

By January 1st, 2028, any vehicle manufactured, on and after that date, with connected location services, must have a mechanism inside the vehicle that can be used by a driver to immediately disable that location tracking service.

Any vehicle manufactured after July 1st, 2026, and before January 1st, 2028, would be required to have the capability to receive software updates that support the bill.

The Alliance for Automotive Innovation had raised concerns about technical feasibility during the legislative process, although Monday said it has already discussed ways to potentially address those issues next year, Reuters reported.

CFC, @UCILaw, & EndTAB Bill protecting domestic violence survivors from tracking in their cars signed by @CAgovernor
#SB1394 @SenDaveMin @asmakilahweber @SenatorAshby https://t.co/ALWky06DXq

undefined Consumer Federation of California (@consumercal) September 27, 2024

Victims trapped without access to safe transportation

Also called intimate partner violence, SB 1394 will cover any persons escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse.

Unfortunately, the new law is unable to address the rise of independent location tracking devices, such as Apple AirTags, widely known to be used by abusers to stalk countless domestic violence victims worldwide.

According to the Governor’s news release, 1 in 5 women and 1 in 7 men report having experienced severe physical violence from an intimate partner in their lifetime.

“Domestic violence continues to disproportionately impact women, leaving many survivors trapped in cycles of abuse with limited resources to escape,” California's First Partner Jennifer Siebel Newsom said.

The newly passed package of laws will also make it easier for domestic abuse victims to obtain restraining orders, as well as extend the length of time that abusers must stay away from their victims, the Governor’s website states.

SB 1394 was co-authored with state lawmakers Senator Angelique Ashby (D-Sacramento) and Assemblymember Akilah Weber, M.D. (D-La Mesa).