EMBEDDED GPS

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EMBEDDED GPS

• Big Brother is Following You

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Eli Pullan B.Sc. M.B.A.

• 3rd year law student at University of Toronto
• 20 years experience in computers and
  telecommunications

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What is GPS?

• Global Positioning Satellite System

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

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Garmin GPSMAP 295 Aviation Unit
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Garmin eTrex GPS Receiver
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Data input from 4 satellites
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Why is this a Current Issue?

• FCC ACTS TO PROMOTE COMPETITION ANDPUBLIC
  SAFETY IN ENHANCED WIRELESS 911 SERVICES
• rules will enable handset-based methods of
  providing location information for 911 calls

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GPS Phones

• Mike i730
• enhanced speakerphone
• integrated global positioning system (GPS)
  receiver
• regular price 499.99

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Garmin iQue 3600 Color GPS PDA

• Palm OS 5

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How do Privacy issues arise?
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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 1138 AM EDT (1538 GMT)
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PRESS RELEASEDepartment of Consumer
Protection165 Capitol Avenue, Room 103Hartford,
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
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Technological development

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

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Indoor GPS
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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

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Stalking by GPS
Stalkers Use GPS to Track Victims 
0846 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.
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• Stalking Technology Outpaces State Laws
• When legislators were drafting the first stalking
  laws in the early 1990s, 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.

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Stalking by GPS

• Covert GPS vehicle tracking device

Covert GPS vehicle tracking device
Covert GPS vehicle tracking device
Covert GPS vehicle tracking device
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Stalking by GPS

• Real-time GPS satellite surveillance equipment

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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 dwelling-house

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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

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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
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Self-incrimination by GPS

• Event Data Recorder , a.k.a. Black-Box

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GM's event data recorders collect the following
information

• Vehicle speed
• Engine speed
• Brake application
• Throttle position
• Whether seat belts were fastened

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Eric Gauthier after his conviction for dangerous
driving causing the death of Yacine Zinet.
CREDIT RICHARD ARLESS JR,THE GAZETTE
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Corporate use of GPS to track employees

• PIPED Act protects employees of federal works
• No protection for other employees
• Decision 114 video surveillance

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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.

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Corporate use of GPS to Track Individuals

• PIPED Act protects individual clients
• Does not protect corporate clients

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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