Can Police Monitor Phone Calls
The disclosure has caused concern among lawyers and privacy groups that large numbers of innocent people could be unwittingly implicated in covert intelligence gathering. The Met has refused to confirm whether the system is used in public order situations, such as during large protests or demonstrations.
A spokesman said: "The MPS [Metropolitan police service] may employ surveillance technology as part of our continuing efforts to ensure the safety of Londoners and detect criminality. It can be a vital and highly effective investigative tool.
Many privacy activists, legal experts, and even companies argue that the ECPA, which was passed in 1986—long before the widespread use of email, social media, digital photography, or any of the other communication methods we take for granted today—is due for a major overhaul. But so far those efforts have failed.
... many jurisdictions, that's illegal. You have to call a monitoring company, or your cellphone, then they call the police after checking it's not a false alarm. You can buy phone diallers at e.g. Radio Shack. You program them...
Both Twitter and Facebook allow the distribution of basic information from their user’s profile such as their name, email and sometimes IP address. But don’t worry too much, police still have to go through a legal process to get any information that is private on a social media profile.
The courts have offered some pushback against the easy access to emails stored in the cloud. A federal court of appeals ruled in a 2010 case, U.S. v. Warshak, that the Fourth Amendment protects all emails from unwarranted searches, which led some internet companies to refuse to comply with subpoenas. Since the case did not apply nationally, however, its effects have been limited.
Thanks to a 2007 case in which two guys tried to set up a casual ecstasy lab in a land container, the U.S. Court of Appeals for the Ninth Circuit ruled the tracking of IP addresses is synonymous with telephone numbers.
A spokesman for the Home Office said covert surveillance was kept under "constant review" by the chief surveillance commissioner, Sir Christopher Rose, who monitors the conduct of authorities and ensures they are complying with the appropriate legislation.
Privacy concerns about Securus and location services were raised to the F.C.C. last year before the company’s sale to Platinum Equity, a private equity firm, for about $1.5 billion. Lee Petro, a lawyer representing a group of inmate family members, wrote letters urging the commission to reject the deal, based in part on concerns about locating people who spoke with inmates over the phone.
"Because iMessage is encrypted end-to-end, we do not have access to the contents of those communications," Apple said. "In some cases, we are able to provide data from server logs that are generated from customers accessing certain apps on their devices."
Former detective superintendent Bob Helm, who had the authority to sign off Ripa requests for covert surveillance during 31 years of service with Lancashire Constabulary, said: "It's all very well placed in terms of legislation … when you can and can't do it. It's got to be legal and obviously proportionate and justified. If you can't do that, and the collateral implications far outweigh the evidence you're going to get, well then you just don't contemplate it."