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Legal Spying Via the Cell Phone System

An anonymous reader writes "Two researchers say they have found a way to exploit weaknesses in the mobile telecom system to legally spy on people by figuring out the private cell phone number of anyone they want, tracking their whereabouts, and listening to their voice mail."

16 of 139 comments (clear)

  1. Uhm, bad headline. by dmgxmichael · · Score: 4, Insightful

    Just because it's possible doesn't make it legal.

    1. Re:Uhm, bad headline. by Anonymous Coward · · Score: 2, Insightful

      Clearly it ought to be legal though.

      What the fuck are you smoking that makes you think this should be legal?

    2. Re:Uhm, bad headline. by SQLGuru · · Score: 2, Insightful

      Saw a line about spoofing caller id info. That isn't legal.....now.

  2. Legal? What about the new caller ID law... by Orga · · Score: 4, Interesting

    From TFA: DePetrillo used open-source PBX software to spoof the outgoing caller ID and then automated phone calls to himself, triggering the system to force a name lookup. I thought spoofing caller ID was now illegal...

  3. Foot meet bullet. by cosm · · Score: 3, Interesting

    FTA: ""It's not illegal, nor is it a breach of terms of service," Bailey said."

    I get mailed revised TOS and privacy policies from companies on a weekly basis. Now that this is publicized, how long will it stay 'legal'? Usually, loudly exclaiming "nener-nener-boo-boo you can't catch me" to one of the largest, consumer unfriendly, profit motivated industries gets their attention.

    --
    'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
  4. Re:Legal? What about the new caller ID law... by Qwell · · Score: 2, Insightful

    Plus the whole breaking into voicemail boxes thing.

    --
    As of 10/06/03, I hate COBOL developers.
  5. Re:Legal? What about the new caller ID law... by russotto · · Score: 3, Informative

    He's calling himself, so he'd certainly lack any intent to deceive (which is an element of the new caller ID law). Do most people's cell phones work with caller ID with name? Neither mine (ATT) nor my wife's (Verizon) comes up with a name.

  6. What makes them think this is legal....? by sampson7 · · Score: 5, Insightful

    As far as I can tell, they assert that it is legal, therefore they think it is legal. Come on folks -- just because you aren't breaking or entering, or murdering someone does not make what you are doing "legal." There are all sorts of privacy laws that come into play here -- and I strongly suspect that I can find at least one prosecutor/judge/jury combo in this country that disagrees. I can't even begin to describe how many laws could be implicated by breaking into someone's voice mail!

    Yes, IAAL, but IANYL.

  7. Not quite by Itninja · · Score: 2, Insightful

    They say it's legal, and cite no sources (i.e.'we asked our lawyer"). They seem to indicate that since EU telco 'offer it for free', then it must be legal. I would love to see someone defend this in court; especially if they are using the system to track someone covertly.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    1. Re:Not quite by PolygamousRanchKid+ · · Score: 2, Insightful

      Nelson Rockefeller said of his grandfather, John D. Rockefeller, "He didn't break any laws. But a lot of laws were passed because of what he did."

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  8. it's not the headline that's bad. by fyngyrz · · Score: 4, Interesting

    With good enough lawyers, everything is legal.

    With the ability to read the constitution - and reason above a third grade level - it is 100% clear that spying on a US citizen's communications without probable cause AND a warrant is not an authorized power for the US government or a US state. It is also doubtful that there exists, or can exist with constitution as currently constructed, a justification for a private citizen exercising such a power.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:it's not the headline that's bad. by JesseMcDonald · · Score: 2, Informative

      You started out so well...

      With the ability to read the constitution - and reason above a third grade level - it is 100% clear that spying on a US citizen's communications without probable cause AND a warrant is not an authorized power for the US government or a US state.

      But then you had to go and ruin it:

      It is also doubtful that there exists, or can exist with constitution as currently constructed, a justification for a private citizen exercising such a power.

      The Constitution does not apply to private citizens. It is a document which enumerates the powers granted (or explicitly withheld from) the federal government and the states. It may be argued (though I would disagree) that the Constitution permits the federal government to prohibit private citizens from sending or receiving the radio signals required to eavesdrop on the cell phone system. If so, this would be in the domain of the FCC. However, nothing in the Constitution requires the federal government to prohibit such actions.

      Unauthorized interception of someone's physical mail, or tapping into a wired communication system, is prohibited under common law as a violation of another party's property rights (in the mail or the wires, not the content--note that it is up to the owner of the wires to guarantee communications privacy to the end-users). Transmitting radio signals so as to alter the behavior of the cell system could be argued to fall under the same heading. However, nothing in the common law would prevent anyone from passively receiving and decoding the signals that system transmits over the air. If that is a problem, either (a) encrypt your over-the-air communications, or (b) communicate through a channel over which—unlike free-space radio—one can legitimately claim property-rights.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  9. Re:remove battery? by datapharmer · · Score: 5, Informative

    If you just let a disconnected battery sit in a drawer it will drain itself too. It must be wireless electricity doodads in the battery and phone so the phone can send information on you to the secret police even if the battery is pulled. Quick, run before they find out you know too much!

    Or maybe batteries just have a tendency to run dead when not in use due to self-discharge. Now get off my tech site.

    --
    Get a web developer
  10. Re:remove battery? by MaskedSlacker · · Score: 5, Informative

    I once worked in a secured facility (DOE lab) where security briefings included being told that one of the reasons cellphones are not allowed is that they can be remotely tracked, accessed, and the microphones can be activated--even when the phone is off.

    Whether its true or not, at a minimum, the people involved in setting security protocols for the DOE certainly think it is.

  11. Maybe not by laing · · Score: 4, Insightful

    They may successfully argue that it is still legal. Their method is to call themselves with spoofed caller-id. The network fills in the name associated with the phone number and they build their database. Since they are only calling themselves and they know they are spoofing, they are not "intending to defraud or deceive" anyone.

  12. Re:remove battery? by Captain+Centropyge · · Score: 2, Funny

    Does a hamster cage count..?

    --
    Bite my shiny metal ass!