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Device that pegs your phone in a crowd reflects a 'massive invasion of privacy' says BC civil liberties director.
A woman takes phone pics during the 2010 G20 protest in Toronto. Three police departments declined to say if they use IMSI or IMEI catchers that can identify unique cell phone signatures. Photo: arindambanerjee Shutterstock.com.
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Police in three major Canadian departments have declined to confirm whether they have the technology to identify people in a crowd based on the unique identifiers on their cellphones.
"It reflects a massive invasion of privacy," said David Eby, the executive director of the B.C. Civil Liberties Association, speaking about the technology which can be used to capture the International Mobile Subscriber Identity or International Mobile Equipment Identity on cellphones and other devices.
Eby said the BCCLA became interested in whether the technology was being used here after reading about it in a British newspaper article.
During a presentation to a B.C. legislature committee last week, on a day when some 3,000 people gathered on the lawn to protest Enbridge's Northern Gateway pipeline proposal, he described the IMSI or IMEI catcher as "a suitcase-sized device that can capture the identifying signature of cellphone devices that acts as basically a portable cellphone tower that allows the identification of people in rallies or at meetings."
Paired with the federal government's lawful access bill as earlier proposed, the technology would allow such access without a warrant, he said.
Vancouver Police Chief Jim Chu, by the way, this week announced he strongly supports the controversial bill, saying the police are handcuffed by current laws.
Police refuse to answer
Eby submitted information requests to the Vancouver Police Department, the RCMP's 'E' Division in Vancouver and the Ontario Provincial Police, noting that in recent years each has listed purchases from Dyplex Communications Ltd., the Canadian distributor of the equipment made by Datong plc.
None of the departments would confirm or deny whether they had or were using the technology.
"I am writing to inform you that we do not disclose electronic surveillance techniques or equipment on the primary grounds of concern for officer safety and the integrity of current or future investigations," wrote the RCMP's Mark Fleming.
The department would be guided by the Charter of Rights and Freedoms and the Criminal Code in deciding what technologies to use, he said.
"Due to the nature of the inquiry around covert surveillance equipment or techniques and due to operational sensitivities, I am not at liberty to comment or disclose information as requested at this time on behalf of the department," wrote Dean Robinson from the Vancouver Police Department.
"I will not discuss OPP operational matters or respond to questions about the OPP's investigative equipment, since, you will understand, disclosing such information may hinder the OPP's effectiveness and abilities to carry out its policing mandate," said Scott Tod with Ontario's provincial police force.
"The OPP recognizes and respects the constitutional rights of all Canadians," he said. "It will not do anything in its operations or investigations that will compromise those rights."
Lack of oversight
Eby said the response is "totally unacceptable" on something that would affect so many people. The technology would capture information from people who are not targets of investigations and would allow the police to build lists of everyone at a rally or a meeting, he said.
"For anyone other than a police officer to do it would be a criminal offence," he said, adding that it may well turn out to be a criminal offence for a police officer to do it as well.
There is a general lack of oversight when the police adopt new technologies, said Eby, who spoke to the legislature committee on conducted energy weapons, or tasers, this week.
"It appears to be whatever the police can afford, they're allowed to use," he said. Instead, when there's a new technology police want to use, "elected officials should look at it and weigh the costs and benefits," he said.
Justice Minister Shirley Bond said it was the first she'd heard about the technology but would make some enquiries.
"It's very concerning," said NDP attorney general critic Leonard Krog. "I look forward to the Attorney General finding out what she can given she has more authority than David Eby or myself."
Krog said the technology raises several serious questions, including what exactly the machines do, how the police might be using them and what records they could keep from them. The Attorney General should be able to say whether or not the police are using a technology that "invades the natural privacy of people when normally a court order would be required."
Asked about the police departments' suggestion that answering the question would compromise law enforcement, Krog said, "We're supposed to live in an open democratic society." People know that police officers can carry weapons and that they can get warrants for wiretaps without hampering police doing their job, he said.
There is "absolutely" a need for oversight when the police adopt new technologies, said Krog. "If new tools are given, there should be an effort to assess their efficacy and legality," said Krog. "There has to be a balance between law enforcement and privacy... They may well be off the balance." ![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png){kind=small}
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Hakuin
33 weeks ago
hokay then
we use:
http://www.faradaybag.com/
on our tracking-devices-that-allow-making -phone-calls
Hakuin
33 weeks ago
this ought to work too
give it a try:
http://www.instructables.com/id/Make-a-RFID-Shielding-Pouch-Out-of-Trash/
Terri Robson
33 weeks ago
spying everywhere
You may want to look up AMDOCS..Which the CPPinvestment board has put 13million.
This company is also involved with bell/bae.
It is the largest data collector on the planet,using " billing" as it's profile.
the data includes.. who called who and for how long. It's history is steeped in the israeli military industrial complex, and still is.
kehrwren
33 weeks ago
Cellphone ID Tech
I can confirm that both the Vancouver PD (August 13 2009) and the Kelowna RCMP (December 2011) are using this technology to pursue people ... and using it maliciously.
In the case of the August 13 2009 Vancouver PD incident, I had been seeking legal aid from the Duty Counsel at Robson Square. The advice was incompetent ... the very first thing on the list was proven wrong by the registry clerk. I returned to the Duty Counsel to protest.
Duty Counsel then claimed they could not correct the issue because they had already given out the hour's worth of legal advice. What advice?! I asked. I said, obviously they had given me no advice when the registry clerk had immediately ruled their advice out.
The Duty Counsels shrugged and said they couldn't help me with the legal issues of the divorce and maintenance, because the BC Government had forbidden me to take legal action against my husband. Duty Counsel claimed the issue fell under "administrative law" which was not a funded issue.
I asked why they had mislead to follow their advice?
They said they advised me about divorce issues, not administrative issues, and so I was not mislead on those terms.
When I replied the advice they had given me on divorce issues was incompetent too, they became angry and said they could not help me.
I asked they I asked them where we were supposed to go? They had no answer.
A few hours later, the Vancouver PD handcuffed me, forcibly removed me from my seat on the Vancouver Library steps and drove me to St Paul's hospital for a psychiatric assessment. The Vancouver PD claimed that they had been searching for me all afternoon and they were going to have something to show for this. They bragged about tracking me by my cel phone. Maliciously, the Duty Counsel/Mike R had maliciously claimed that I was suicidal, in order to rationalize this police action.
After less than two minutes of speaking to the St Paul's clinician I was deemed sane and released. The Vancouver PD officers disappeared instantly.
The object lesson made of me was that you can't protest, or challenge incompetent advice or advocate for fair treatment, in BC Government's justice system.
Obviously, the Justice System can call upon hired thugs ... the Vancouver PD ... to intimidate and punish at any time. Fairness isn't an issue.
In terms of monetization, three publicly funded agencies profited that day:--
the justice system's duty counsels collected fees for this fiasco of incompetence; the Vancouver PD collected for prosecuting this file on behalf of the Duty Counsel (Mike R); St Paul's hospital collected for their 90 second psychiatric assessment.
We, the victims of injustice, only suffered further damage and injustice ... at the hands of the justice system.
tmoney
33 weeks ago
Its an lllusion.
This is only being done as an illusion to make people think that they need this to be passed... they don't read the PAA, all you need to know is in their, that is the reason for the smart grid, fusion centres etc. Its a smokescreen and people are buying it! Your data is not your own, by law the crown can 'amalgamate' it already...see for yourself
http://socialmediabar.com/smart-meters-energy-harvesting-data-sales-goldmine-spy-machines
snert
33 weeks ago
Sounds like a good idea to me.
The collection of identity numbers is not the problem. As to just what is being done with the info, some that may require protection.
Just remember, though, the police are not the only ones that can avail themselves of this technology. Just wait until the crooks get a hold of it then watch peoples rights get violated, big time.
Hakuin
32 weeks ago
Happy Halloween
http://m.youtube.com/watch?v=sM7MVApePJE
the future
32 weeks ago
turn off ur phone
if you turn off your phone they can't track the IMEI, or if you want to be able to take pics and vids (but not be tracked) remove the sim and use Obscuracam by the guardian project to encrypt the photos. changing IMEI is dead easy, though apparently illegal in Canada due to BS corporate lobbying. there are dozens of Russia made programs to one-click change IMEI and a lot of unlocking places will do it for you if you ask or just download the progs.
collecting IMEI also means nothing if you don't sign up to a prepaid service with your real name, and always pay in cash or with a anonymous virtual visa, and have the GPS disabled or preferably build android source yourself with the GPS completely removed, or simply use adb function to rip out the gps packages.
if worried about the new Bill-C12 or whatever it's called, the new spying replacement for Bill C-30 that's already had first reading then use redphone over a vpn and there's nothing they can do.
remember it's the 21st century, whatever methods for control they develop are laughably easy to circumvent with decentralization and encryption
snert
32 weeks ago
the future
Until they make it illegal. Oh, and don't hurt your neck watching for drones.
dsds
31 weeks ago
In Spain recently a law is
In Spain recently a law is being passed or has passed that it is illegal to photograph police. In fact most police in Spain do not wear ID anymore. This is very worrisome for the future. In Greece the police have been caught out torturing activists. This is very worrisome. Spain and Greece, two of the most beautiful countries on earth now ruled by Bankers with no heart and soul.
Hu Gadarn
31 weeks ago
stories like this draw the tinfoil hat crowd
Folks, who cares? Tell me about the "slippery slope". Then tell me how we've actually slide down the mythical slope. Don't tell me about nazi germany or the USSR. Give real examples from the last 50 years and preferably from Canada. Otherwise press "replay" on your xfiles VHS and roll another dube.