Call to ban foreign entities from targeting churches

Texas Baptists’ Christian Life Commission is urging church leaders to sign a letter to U.S. Attorney General Pamela Bondi calling on the Department of Justice to prohibit foreign governments from using tracking technologies to send targeted messages to worshippers in U.S. churches without their consent.

On Sept. 27, Show Faith by Works—an organization acting as an agent of Israel’s Ministry of Foreign Affairs—filed disclosures with the Justice Department as required by the Foreign Agents Registration Act.

The disclosures revealed the organization’s intent to use geolocation and geofencing technology to send targeted messages to the mobile devices of individuals on the property of 465 churches—including more than 200 in Texas—without their knowledge and consent.

‘Crosses a line that should concern all Americans’

“We recognize the importance of diplomatic relations and the legitimate interests of allied nations. However, the surreptitious targeting of American worshipers on the grounds of their churches crosses a line that should concern all Americans who value religious freedom and privacy,” the letter to Bondi from Texas Baptists states.

John Litzler, CLC director of public policy and general counsel for the Baptist General Convention of Texas, noted most smartphone apps request user permission before accessing a user’s geographic location.

“Because of privacy rights, users typically have a choice whether to deny access to their location, always grant access to their location, or grant access to their location only while using the application. In these instances there is a knowing and voluntary decision by the user,” Litzler explained.

“If I allow a restaurant to know my location, for example, I may be able to place mobile orders and receive an occasional free chicken sandwich.

“In contrast, the targeting described in this filing would be done without the knowledge or consent of pastors and congregants.”

The letter to Bondi raises five key issues:

• Violations of religious liberty, freedom of association and free assembly.

Houses of worship historically have been “protected spaces where Americans gather freely to practice their faith without government surveillance or foreign interference,” the letter states.

“Allowing government-sanctioned foreign surveillance and influence operations within church sanctuaries fundamentally undermines this separation by entangling houses of worship with state-approved foreign political campaigns.”

Targeting individuals in places of worship also can have a “chilling effect” on the freedom to assemble and freely exercise faith, the letter notes.

“Allowing a foreign government access to geolocation data to every phone located on a church premises is akin to requiring the churches to turn over their membership lists,” the letter states.

• Violations of property and privacy.

Most of the places of worship listed in the filing are the private property of the faith communities that assemble there, the letter notes.

“Property rights are built on the principle that property owners should have the right to exclude others from their property,” the letter states.

“Geofencing, without the knowledge or consent of the property owner, circumvents these ownership rights by tracking individuals’ whereabouts everywhere on church property from the prayer room to the bathroom.”

• Lack of informed consent.

Individual worshippers “have no knowledge they are being targeted and are provided no ability to opt out,” the letter states.

• Violation of religious autonomy.

Houses of worship and their leaders “should have the right to determine what outside influences, particularly from foreign governments, are permitted to communicate with their congregations on church property,” the letter states.

• Sets a dangerous precedent.

“Allowing agents of foreign governments to use surveillance technology to target faith communities sets a troubling precedent that could be exploited by any foreign actor, whether allied or adversarial to the United States,” the letter states.

‘Potential for gross violations’ of civil rights

Two years ago, Calvary Chapel in San Jose, Calif., sued Santa Clara County for geofencing its premises to track congregants who attended worship services during a COVID-19 pandemic “shelter-in-place” order.

The claims in that lawsuit “demonstrate the potential for gross violations of Americans’ civil rights when foreign or domestic governments are allowed to use this technology to track church attendees,” Litzler said.

“If a local, state or federal government entity tried to compel churches to turn over their membership lists, Christians would rightly be concerned about infringement on our rights of religious freedom and freedom of association,” he said.

“By setting a geofence around a church and collecting information about who enters that area each Sunday, foreign actors will gain enough information about church attendees that it’s tantamount to turning over a membership list to them.”

The letter from Texas Baptists to Bondi asks the Department of Justice to:

• Prohibit agents of foreign governments from using geolocation, geofencing or similar tracking technologies “to target individuals at houses of worship in the United States without their consent.”
• Establish an opt-in requirement that would allow foreign governments and their agents to use tracking technologies only at places of worship that have “explicitly and voluntarily consented in writing.” It would require full disclosure of “the foreign entity involved and the nature of the messaging to be delivered.”

“Houses of worship should remain sanctuaries free from uninvited foreign government surveillance and influence,” the letter to Bondi states.

“We ask that you act swiftly to protect the integrity of our religious institutions and the rights of all Americans to worship freely according to their conscience.”

Church leaders can sign the letter by clicking here.