SMS Privacy?

Zillah

Does anyone know what the situation in regards to SMS text messages, privacy, and potentially incriminating information is? Just occured to me today. I tried googling but there was nothing in regards to this specifically.

I know that the contents of text messages can end up in police hands (there have been occasions where people have been visited by police for talking about guns and Bin Laden), but what are the specifics?

Do the gardai have free access to the network's records?
Or do the networks have discretionary permission to make certain parts available?
Are the networks obliged to contact Gardai if they become aware of illegal activity being discussed/arranged across their network?
Or is it more a case where everything one sends or receives is solely one's own property, and therefore requires a warrant in the same way a home or car might?

Or are none of these anywhere near?

Eru

Yes, no and maybe.

Bin Laden and guns is American so what they do has no basis in Irish law but in their case its a program catching key words.

In Ireland if you send a text its the same as a conversation and a letter. However should the reciever grant police access then we can view or tap. Its not easy but its doable and legal.

Think it falls under telecommunications Act amongst others.

Zillah

Actually the Bin Laden case was in Belgium.. But anyway, thank you.

maidhc

Zillah wrote:

Do the gardai have free access to the network's records?

Subject to certain limitations. See Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. Also read the most recent report of the Data Protection Commissioner.

Zillah wrote:

Are the networks obliged to contact Gardai if they become aware of illegal activity being discussed/arranged across their network?

No.

Zillah wrote:

Or is it more a case where everything one sends or receives is solely one's own property, and therefore requires a warrant in the same way a home or car might?

In relation to the content (as opposed to records of transmission) yes. Here is a chapter I wrote/updated before for a publication. It is a little out of date now, but gives some pointers: http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-83768

Gobán Saor

Having once worked in Telecom Eireann, I make the working assumption that every call, fax, text, email etc is possibly going to be intercepted. Far more likely to be done accidentally by a technician in an exchange than deliberately, but always possible.

Secondly, a warrant is necessary to "tap" a phone. There is no requirement for a warrant to obtain a list of calls to/from a particular number. Or a record of where a particular mobile phone has been on the basis of which geographical base station it was logged into over a period of time. In practice, all the telecoms companies co-operate readily with the Gardai in making this information known.

seamus

In terms of SMS, the SMS is sent by you to the service provider and then relayed to the recipient. For all intents and purposes, the SMS is secure when being transmitted between the service provider and a phone. The data can be (and usually is) stored at the service provider's.

Everyone else has covered the method of getting access to said data.

Gobán Saor

seamus wrote:

For all intents and purposes, the SMS is secure when being transmitted between the service provider and a phone.

Well, secure from casual interception, yes. But SMS messages are merely encoded; they are not encrypted. This means that a reasonably simple scanner can intercept and decode GSM voice and SMS traffic. Not the sort of thing you can buy in Peats but not rocket science either. Think of it this way, YOUR mobile phone is capable of receiving ANY call to any mobile in the same base station area - the only reason it doesn't is because the network sends out a control message along the lines of "087-1234567, this call/text is for you" which activates the called mobile but not others. Its relatively simple to manufacture a device capable of "tuning in" to any mobile call signal around it and such devices (often specially modified mobile phones) are regularly used by the network operators for technical network maintenance and faultfinding.

(Of course, any such interception without a lawful reason contravenes S98, Postal and Telecommunications Act, 1983 so don't try this at home;) )

Eru

Gob&#225 wrote: »

In practice, all the telecoms companies co-operate readily with the Gardai in making this information known.

Ha! Thats very much not my experience, I have been told that they wont speak with me, that the statement granting access isnt lawfull and in 1 case being told "Its a lot of hassle guard, your busy with other things"

I have only ever had 1 company be open with me, Meteor and thats because when you sign up with them its in their contract that they will cooperate with Garda requests. None of the other companies have that clause. Its also why Im with Meteor now having been plagued by bogus calls in the past and gettign nowehere with the various companies.

Gobán Saor

Karlitosway1978 wrote:

Ha! Thats very much not my experience, I have been told that they wont speak with me, that the statement granting access isnt lawfull and in 1 case being told "Its a lot of hassle guard, your busy with other things"

Okaaaay....... I accept your experience is accurate. As I left good old Telecom Eireann in the last century I can't speak directly for current policy BUT I do know that back then we bent over backwards to facilitate the Gardai - I can personally remember tracing calls and other requests that went far beyond what we were required to do. It would have been a major no-no to refuse any assistance. Of course, back then we were an arm of the State so that was the culture. Maybe, in this era of privatised telecommunications, things are different? I don't know. Although I still have pals who are in vodafone and who tell me that they DO co-operate with the Gardai as do all the other phone companies. Mind you, usually they're complaining about having to do it!!:rolleyes:

Eru

Gob&#225 wrote: »

Okaaaay....... I accept your experience is accurate. As I left good old Telecom Eireann in the last century I can't speak directly for current policy BUT I do know that back then we bent over backwards to facilitate the Gardai - I can personally remember tracing calls and other requests that went far beyond what we were required to do. It would have been a major no-no to refuse any assistance. Of course, back then we were an arm of the State so that was the culture. Maybe, in this era of privatised telecommunications, things are different? I don't know. Although I still have pals who are in vodafone and who tell me that they DO co-operate with the Gardai as do all the other phone companies. Mind you, usually they're complaining about having to do it!!:rolleyes:

And Vice-Versa, you days with them where probable before mine. Possible you are onto a good reason with the privatisation, could very well be part of it.

Vodafone are the worst bar none when it comes to investigations in my opinion, O2 will at least offer some half hearted help however its usually better if you approach a shop direct, I havent approached any of the new landline companies such as Perlico so cant say if they are good or bad.

अधिनायक

It seems all UK SMS messgaes are filtered by GCHQ for trigger words and followed up by a visit from special branch if they find something suspicious.
http://www.theregister.co.uk/2004/06/03/text_punk/

Network operators have little interest in bugging customers as there is no revenue to be made in this way. They just do it when they have to.