EMBEDDED GPS Big Brother is Following You Eli

EMBEDDED GPS Big Brother is Following You

Eli Pullan B. Sc. M. B. A. • 3 rd year law student at University of Toronto • 20 years experience in computers and telecommunications

What is GPS? • Global Positioning Satellite System

The Navstar GPS Constellation

• Fully deployed, 24 satellites in three orbital planes. • Only 8 are live as of November 4, 2003

Garmin GPSMAP 295 Aviation Unit

Garmin e. Trex GPS Receiver

Data input from 4 satellites

Why is this a Current Issue? • FCC ACTS TO PROMOTE COMPETITION AND PUBLIC SAFETY IN ENHANCED WIRELESS 911 SERVICES • rules will enable handset-based methods of providing location information for 911 calls

GPS Phones • Mike i 730 • enhanced speakerphone • integrated global positioning system (GPS) receiver • regular price $499. 99

Garmin i. Que 3600 Color GPS PDA • Palm OS 5

How do Privacy issues arise?

Rental driver finds Big Brother over shoulder • By Richard Stenger CNN • (CNN) -- An ordinary trip turned into an Orwellian ordeal for one Connecticut driver, forced to pay multiple fines after a car rental company tracked his every move via satellite June 22, 2001 Posted: 11: 38 AM EDT (1538 GMT)

PRESS RELEASE Department of Consumer Protection 165 Capitol Avenue, Room 103 Hartford, CT 06106 Web Site Address: www. state. ct. us/dcp/ Date: February 20, 2002 Consumer Protection Orders ACME Rental to Stop Charging Consumers for Speeding And to Return Fees to Customers

Technological development • • Proliferation of GPS devices Increased efficacy of GPS devices Increase of transmitting GPS devices Proliferation of embedded GPS

Indoor GPS

GPS and the Law • • Stalking by GPS Police Surveillance by GPS Self-incrimination by GPS Corporate use of GPS to track employees • Corporate use of GPS to Track Individuals & Corporations

Stalking by GPS Stalkers Use GPS to Track Victims 08: 46 AM Feb. 06, 2003 PT MILWAUKEE -- Connie Adams found it impossible to escape her ex-boyfriend. He would follow her as she drove to work or ran errands. He would inexplicably pull up next to her at stoplights and once tried to run her off the highway, authorities said. he showed up at a bar she was visiting for the first time, on a date, Adams began to suspect Paul Seidler wasn't operating on instinct alone. He wasn't. Seidler had installed a satellite tracking device in Adams' car, according to police in Kenosha, Wisconsin, 30 miles south of Milwaukee. "He told me no matter where I went or what I did, he would know where I was, " Adams testified at a recent court hearing. Police say Adams' case and several others across the country herald an incipient danger: high-tech stalking.

• Stalking Technology Outpaces State Laws • When legislators were drafting the first stalking laws in the early 1990 s, few could have foreseen the current widespread use of email, the Internet, chat rooms, websites, global positioning systems (GPS), cell phones, and tiny hand-held video and digital cameras to stalk.

Stalking by GPS • Covert GPS vehicle tracking device

Stalking by GPS • Real-time GPS satellite surveillance equipment

People v. Sullivan • Colorado stalking law includes “surveillance” • Canadian Criminal Code does not include “surveillance” • S. 264(a) “following from place to place” • S. 264(c) “besetting or watching dwellinghouse”

Police Surveillance by GPS • R. v. Wise : [SCC 1992] Warrant required to plant radio transmission device • R. v. Gerrard : [Ontario Superior Court of Justice 2003] Warrant required to plant GPS. • Washington v. Jackson : No warrant required, just like tailing a suspect. [overturned on appeal]

Self-incrimination by GPS Supreme Court of Canada, R. v. Duarte (1990) La Forest J. ’s Orwellian state: “A society … having a permanent electronic recording made of our words every time we opened our mouths might be superbly equipped to fight crime, but would be one in which privacy no longer had any meaning”

Self-incrimination by GPS • Event Data Recorder , a. k. a. Black-Box

GM's event data recorders collect the following information • Vehicle speed • Engine speed • Brake application • Throttle position • Whether seat belts were fastened

Eric Gauthier after his conviction for dangerous driving causing the death of Yacine Zinet. CREDIT: RICHARD ARLESS JR, THE GAZETTE

Corporate use of GPS to track employees • PIPED Act protects employees of federal works • No protection for other employees • Decision #114 video surveillance

Loraas Disposal Services Ltd. (Re) • Saskatchewan Labour Relations Board 2001. • installation of the satellite tracking devices constitutes an unfair labour practice • GPS will be used for management of the fleet and customer service. It will not be used for the purpose of discipline.

Corporate use of GPS to Track Individuals • PIPED Act protects individual clients • Does not protect corporate clients

Conclusions • • High potential for abuse Criminal code may need work Warrant requirements appropriate Disclosure of embedded GPS Federal & unionized employers should be cautious High level of protection for individuals Little protection for corporations