The U.S. has not introduced any new national policies or regulations on the use of GPS to combat cargo theft, but has further strengthened the application of GPS technology and legal safeguards through adjustments and practices in the following areas:
### I. **Technical Support and Law Enforcement Synergy at the Federal Level**
1. **Indirect Support in the Supply Chain Security Budget**
The Biden Administration’s federal budget submission for 2023 allocates $142 billion for supply chain infrastructure, some of which indirectly supports the deployment of GPS technology for freight transportation. For example, funding to improve port, rail, and highway freight networks while requiring transportation companies to adopt more advanced tracking technologies to enhance cargo security. In addition, the National Road Safety Strategy Report 2023 issued by the federal Department of Transportation (DOT) emphasizes “system security” and encourages logistics companies to optimize transportation routes and reduce the risk of theft through GPS data.
2. **FCC Enforcement Enhancements Against GPS Jammers**
Despite not issuing new regulations, the Federal Communications Commission (FCC) has increased its efforts against GPS jammers in 2023. For example, in response to the frequent use of jammers in the Mexican border region, the FCC has partnered with Customs and Border Protection (CBP) to investigate and prosecute the illegal sale and use of jammers through technical monitoring and legal means. Unauthorized use of jammers can face fines of up to $100,000 and imprisonment under Section 333 of the Federal Communications Act.
### II.** The Complementary Role of State Legislation and Industry Self-Regulation**
1. **California’s Privacy-Security Balance**
California continues to enforce Penal Code section 637.7 in 2023, which requires employers to obtain a driver’s written consent to the use of GPS to track company vehicles. However, in areas with a high incidence of cargo theft (e.g., the Port of Los Angeles), police have partnered with logistics companies to create a “geo-fencing” alert system that allows companies to be automatically alerted when a vehicle deviates from its intended route, while ensuring that the data is used only for security purposes and avoiding privacy disputes. 2.
2. **Texas Device Compliance Requirements**
Texas updated its Transportation Code in 2023 to require that all commercial freight vehicles have GPS devices that meet the FCC’s anti-jamming standards (e.g., models such as the Suntech ST4410G) and are certified at the state level. Vehicles that fail to meet the standards could face fines of up to $5,000.
3. **Industry Association Standards Push**
The American Trucking Associations (ATA), in its Freight Security Best Practices Guidelines, to be released in 2023, recommends that member companies adopt GPS trackers with “dark mode” (covert operation) and share data with law enforcement agencies. Devices such as the LandAirSea 54, for example, can continue to send location information after a trailer is stolen, allowing for a quick police response.
### III.**Extended Implications of Legal Practice and Jurisprudence**
1. **Judicial Balance of Privacy and Security**
In 2023, the federal courts, building on the jurisprudence of **United States v. Jones**, further clarified the admissibility of GPS data in freight theft cases. For example, a transportation company was sued for failing to disclose the real-time monitoring capabilities of in-vehicle GPS to its drivers, but the court ultimately held that the business was entitled to use the data as long as it was used solely for cargo security and did not invade personal privacy.
2. Legal Regulation of Data Storage and Sharing**
Under the Motor Vehicle Privacy Protection Act (MVPPA), logistics companies are required to delete non-essential GPS data within five minutes, but in theft cases, law enforcement agencies can access historical tracks through subpoenas.2023 A court ruling in favor of the police to access GPS data of a towing company for a period of 30 days led to the successful breakup of an interstate theft network.
IV.**Technical Standards and International Collaboration Advancement**
1. **Industry Standards for Anti-Jamming Technology**
In 2023, the FCC approved the certification of anti-jamming GPS devices from Suntech and others, which requires the devices to automatically record their last position and trigger an alert if the signal is blocked. Such devices are already widely used in high theft states such as Texas and Florida.
2 **International Spectrum Management Harmonization**
The United States pushed for the adoption of Resolution 676 at the 2023 World Radiocommunication Conference (WRC), which requires countries to strengthen protection in the GPS frequency bands (1164-1215 MHz and 1559-1610 MHz) against illegal interference.