The Massachusetts Phone Spyware Case

Did the government install tracking software on people’s phones without permission?

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Peggy Little to discuss Wright v. Goldstein, a case challenging Massachusetts’ use of COVID contact-tracing technology that was allegedly installed automatically on Android phones without users’ knowledge or consent.

The lawsuit argued that the program violated the Fourth Amendment, the Fifth Amendment, and computer intrusion laws by forcing software onto private phones and collecting sensitive data, including location and health information. The case resulted in a settlement requiring the state to delete the data and agree not to use similar technology for five years.

This episode explains the case, the constitutional issues, and why the settlement could have nationwide implications for digital privacy and government surveillance.