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You are where you’ve been |
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Technological threats to your location privacy |
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Authorised By :: School of Surveying & Spatial Information Systems
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Rob is a consultant to the law firm Gilbert + Tobin and a PhD candidate at UNSW |
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hic et nunc: Provision of location based services to law enforcement agencies
Abstract There has been a long history of the provision of communications metadata to law enforcement agencies. This material has traditionally been provided in a historical form setting out the communication metadata based on communications actually made. The Telecommunications (Interception and Access) Act 1979 was amended in 2007 and the amendments came into effect in November of that year. The most significant change is the requirement for carriers and carriage service providers to deliver communications metadata on a prospective basis “in near real time” to certain agencies in response to a request rather than a warrant.
This paper reviews the changes to the legislation and examines the implications for service providers in the provision of metadata in response to a request from a law enforcement agency. It considers both the practical issues facing carriers and their customers as well as the privacy implications and how these are addressed in the legislation. The paper concludes by considering data on the use of requests and warrants by agencies in Australia and argues that the extent of Überveillance has increased, rather than diminished since the election of the Rudd Government. |
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Rob Nicholls
Consultant, Gilbert + Tobin PhD candidate, UNSW |
