By Derek Smith
The headless torso with the cheeky username that just tapped you on Grindr might not be the person you’re hoping them to be. American law enforcement, including FBI and DHS, now create fake profiles on dating apps and social media to trick people into revealing their most intimate information. Police in Florida created fake profiles on Grindr and Scruff to arrest 60 people allegedly linked to drug sales. Black activists who organized and attended protests in Minneapolis were victims of catfish cops; a 2022 report from the Minnesota Department of Human Rights showed that the Minneapolis Police Department utilized fake social media profiles to surveil Black leaders and organizations. Police went so far as to send messages asserting they had met individuals at protests.
These surveillance techniques are the modern incarnation of the FBI’s “Sex Deviate” program during the Lavender Scare era, only this time it’s not just the FBI you need to worry about. With the criminalization of drag in states like Tennessee, state and local law enforcement are further empowered to target the queer and trans community. For LGBTQ activists, especially those who are Black, there is a high likelihood of being surveilled through a hookup app.
Imagine you just had a long day standing outside the local drag story hour facing down bigots calling you a groomer from behind a line of their state-sponsored protection units. James, a faceless torso messages you asking if you were also at the counter-protest. James thought it was pretty cool that a few people actually physically pushed back against the homophobes and is wondering if you know who organized the counter-protest, so you invite him to a closed Facebook group. The next thing you know, your friends are being slapped with assault charges and your Grindr conversation with James is being used as evidence against them – just like in Florida.
The headless torso with the cheeky username that just tapped you on Grindr might not be the person you’re hoping them to be. American law enforcement, including FBI and DHS, now create fake profiles on dating apps and social media to trick people into revealing their most intimate information. Police in Florida created fake profiles on Grindr and Scruff to arrest 60 people allegedly linked to drug sales. Black activists who organized and attended protests in Minneapolis were victims of catfish cops; a 2022 report from the Minnesota Department of Human Rights showed that the Minneapolis Police Department utilized fake social media profiles to surveil Black leaders and organizations. Police went so far as to send messages asserting they had met individuals at protests.
These surveillance techniques are the modern incarnation of the FBI’s “Sex Deviate” program during the Lavender Scare era, only this time it’s not just the FBI you need to worry about. With the criminalization of drag in states like Tennessee, state and local law enforcement are further empowered to target the queer and trans community. For LGBTQ activists, especially those who are Black, there is a high likelihood of being surveilled through a hookup app.
Imagine you just had a long day standing outside the local drag story hour facing down bigots calling you a groomer from behind a line of their state-sponsored protection units. James, a faceless torso messages you asking if you were also at the counter-protest. James thought it was pretty cool that a few people actually physically pushed back against the homophobes and is wondering if you know who organized the counter-protest, so you invite him to a closed Facebook group. The next thing you know, your friends are being slapped with assault charges and your Grindr conversation with James is being used as evidence against them – just like in Florida.
While some tech companies like Meta make a show of pushing against these practices, they do nothing to actually stop the abuse of their platforms by law enforcement. Without legislation prohibiting fake profiles, cops will continue to catfish and surveil you. As anti-drag protests rise with the escalation of trans/homophobic rhetoric, LGBTQ people engaging in protest of any form should remain vigilant. Protest is hot, and although it is extra titillating to imagine organizing with a potential hookup, it could be Lieutenant Jones on the other end carefully gathering information to be used against you.
Unfortunately, law enforcement doesn’t only rely on fake profiles to get information about you. Geo-location features, which conveniently let you know that MascTop4bttm is 2ft away, are another tool that law enforcement can use to track protesters. Many companies sell this information to third parties, often to facilitate targeted advertising. Although Grindr asserts that it underwent a policy change in 2020, limiting the information they share, some think it was too little too late. Just last week, The Washington Post reported that a conservative Catholic group spent millions to track priests on gay hookup and dating apps in Colorado, sharing the data with bishops nationwide. Across many platforms, a whole host of information that can ultimately be traced back to you is still currently sold to third parties. These third parties include law enforcement who use data purchasing as a way to skirt the law and avoid obtaining warrants from judges – some of which are also unconstitutional.
After a record-setting year in 2022, the attack on trans and queer rights seems to only be ramping up across the country. In New York, Senate Bill S9247 the “Stop Fakes Act” would prevent law enforcement officers from creating fake social media profiles and allow for anyone whose information was gathered through a fake profile to file a civil action against the offending agency for monetary damages. Protest is an integral part of LGBTQ history and community. Until states outlaw surveillance tactics like fake profiles, protesters must protect themselves and their data. Companies that profit off the LGBTQ community should create products that provide the highest level of protection regardless of legislation. The library may be open, but our data isn’t for anyone else to read.
Derek Smith is a law student at the City University of New York and the Spring 2022 Civil Rights Intern at the Surveillance Technology Oversight Project.