Most of us, at one point or another, have dedicated a day of the week to running our personal errands. That day might consist of going to the grocery store, shopping at the mall, or grabbing coffee with a friend. Now imagine on the way home from any of those activities, you get this notification on your iPhone: You don't own an AirTag or probably don't even know what it is, but it doesn't take long for you to realize that you're being tracked. Recently, this has happened to unsuspecting people in Virginia and Arkansas. While there have not yet been any reported instances in North Carolina, our cyberstalking statute prohibits this type of nonconsensual tracking. This post explores the cyberstalking offense as proscribed by G.S. 14-196.3. What is an AirTag? Apple has created a small tracking device, about the size of a quarter, that is intended to help people keep track of their wallet, keys, and other personal items in the event they are lost. The AirTag is attached to keys via a key ring, or slipped into a wallet, purse, or backpack. When an owner gets separated from these items, the owner can use his or her iPhone to ping the location of the lost item if it is nearby. If the item is lost farther away—like losing a wallet at the beach or leaving a purse at the airport—the AirTag sends out a signal that can be detected by nearby Apple devices. According to the Apple website, these devices [...]
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