Tracking Technologies

Size: px

Start display at page:

Download "Tracking Technologies"

Meredith Logan
5 years ago
Views:

8/23/2011 Tracking Technologies Don Mason Associate Director Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Location Tracking Not one, single technology

1 8/23/2011 Tracking Technologies Don Mason Associate Director Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Location Tracking Not one, single technology Convergence of several technologies Systems for Tracking inventory, livestock, vehicles, or humans Delivering location-based services to wireless devices Current Technologies Cameras (monitoring, surveillance) Bumper beepers Two-way pagers and cellular telephones Geographic Information Systems (GIS) Global Positioning System (GPS) Vehicle event data recorders (EDR) Radio Frequency Identification (RFID) Wireless Local Area Networks (WLAN) 911 and Enhanced 911 (E-911) Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 1

8/23/2011 Our Focus Today Beepers Cell phones Networks and how they work Cell site location information (CSLI) Global Positioning System (GPS) Bumper beepers Beepers For tailing autos without being

2 8/23/2011 Our Focus Today Beepers Cell phones Networks and how they work Cell site location information (CSLI) Global Positioning System (GPS) Bumper beepers Beepers For tailing autos without being observed Can be from 1 x2 to 3 x5 Placed inside bumpers or attached to undercarriage Require antennas for maximum range Tracked by radio signals Provide directional info up to five miles Two tracking autos give more precise triangulation Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 2

8/23/2011 Cellular and Smart Phones Mobile / Cellular phones

phones register their locations with nearest cellular towers,

up signals, roam phone to adjacent towers as appropriate Active

comparing multiple antenna signal strengths, pattern Cell Phone

people in trouble While GPS helps people find their way out of

Even OnStar uses cellular network to communicate with GPS

precise in urban areas with more towers Tracking Technologies

3 8/23/2011 Cellular and Smart Phones Mobile / Cellular phones Positions of mobile phones can be tracked, even on the move Cell phones register their locations with nearest cellular towers, approx every 7 sec s Nearby antenna towers / base stations pick up signals, roam phone to adjacent towers as appropriate Active calls not required (most systems) Multilateration based on comparing multiple antenna signal strengths, pattern Cell Phone Technology Has become important public safety tool Helps find people in trouble While GPS helps people find their way out of trouble Can locate lost or missing persons (or their phones) Even OnStar uses cellular network to communicate with GPS receiver in car Accuracy dependent on base station density More precise in urban areas with more towers Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 3

5 8/23/2011 Sample Tower/Sector Comparing signal strengths Time delays Angles of arrival Three nearest towers Triangulation Triangulation Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 5

8/23/2011 Cell Site Location Information Mobile switching centers may retain

sequence of towers contacted by the phone May also obtain last recorded

useful location information comes from initiation or receipt of a call or

of cell phone s locations Officers may also locate phone in real time while

6 8/23/2011 Cell Site Location Information Mobile switching centers may retain the location information in call detail records At least for a period of time (e.g., 24 hours) Authorities can track subscriber general movements by following sequence of towers contacted by the phone May also obtain last recorded location before signal or power lost Cell Site Location Information Most useful location information comes from initiation or receipt of a call or text A call data record (CDR) is kept for billing Yield historical account of cell phone s locations Officers may also locate phone in real time while a call is in progress GPS devices receivers Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 6

8/23/2011 Satellites Instead of Towers Global Positioning System Developed for military navigation; later opened to everybody else Three major components Satellites Ground stations Receivers Global

7 8/23/2011 Satellites Instead of Towers Global Positioning System Developed for military navigation; later opened to everybody else Three major components Satellites Ground stations Receivers Global Positioning System 32 Earth-orbiting solar-powered satellites 24 in operation, plus spares Limited life span about 10 years Equipped with up to 4 atomic clocks Orbits arranged so at least 4 (ideally 6) satellites visible anywhere, any time Send high-frequency, low-power radio signals Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 7

8 8/23/2011 Global Positioning System Ten ground stations around Earth Monitor satellite signals and collect accuracy measurements Master control station in Colorado Determine if adjustments or updates needed Four large ground-antenna stations Send corrective data and commands to satellites GPS Receivers Equipped with quartz clocks constantly reset based on time signal from satellites Locate 4 or more (at least 3) satellites Calculate distance to each Use that information to deduce receiver location Using trilateration In three-dimensional space 2-D or 3-D Fix 2-D Signals from 3 satellites Latitude and Longitude 3-D Signals from 4 or more satellites More accurate Lat/Long plus Elevation/Altitude Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 8

9 8/23/ D Trilateration illustration If you re 625 miles from Boise where are you? 2-D Trilateration If you also learn that you re 690 miles from Minneapolis where might you be? 2-D Trilateration When you also learn you re 615 miles from Tucson do you know where you are? Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 9

8/23/2011 GPS Devices Portable Portable Navigation Devices Vehicle Outdoor Mobile phones Fixed Vehicle Marine Aviation Tracking Potentially Recoverable Data Device information Owner information

11 8/23/2011 GPS Devices Portable Portable Navigation Devices Vehicle Outdoor Mobile phones Fixed Vehicle Marine Aviation Tracking Potentially Recoverable Data Device information Owner information Waypoints Home location Favorites Points of interest (POI) Last fix Routes/Journeys Track logs Deleted locations Paired Bluetooth devices Contacts Text messages Call logs Pictures Audio Documents Convergence Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 11

8/23/2011 Questions? Don Mason Associate Director National Center for Justice and the Rule of Law 662-915-6898 drmason@olemiss.

12 8/23/2011 Questions? Don Mason Associate Director National Center for Justice and the Rule of Law Tracking Technologies Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Page 12

13 Tracking Technologies: beepers, GPS, cell-site information Priscilla Grantham Sr. Research Counsel Nat l Center for Justice and the Rule of Law Copyright 2011 National Center for Justice and the Rule of Law NCJRL. org Beepers A A beeper is a radio transmitter that emits periodic signals, or beeps, that can be picked up by a radio receiver. By monitoring the signals, l.e. obtains info about suspect s location and movements. Beeper cases United States v. Knotts (1983) A person traveling in an automobile along public roads does not have an E/P in his movements from one place to another. Warrantless monitoring of beeper placed inside container of chemicals did not violate 4/A when it revealed no information that could not have been obtained through visual surveillance 1

14 United States v. Karo (1984) Installation of beeper in can of ether not a seizure under 4/A: presented no meaningful interference with defendant s possessory interest Monitoring the tracking device inside a private residence, where one has REP, would be a search; monitoring it outside the home would not. GPS devices More sophisticated form of tracking than beepers. L.e. can conceal GPS unit on under carriage of vehicle and surreptitiously track vehicle in real time. Unlike beepers, l.e. can retrieve unit later and obtain data stored within. Enables l.e. to track their target 24 hrs/day for prolonged periods of time. GPS Tracking Search under Fourth Amendment? Not addressed by Supreme Court Lower courts divided Analogous to beeper cases No REP in movements along public thoroughfares hf Device installation generally not a seizure no meaningful interference with possessory rights. 2

15 No Search or Seizure under 4/A United States v. Marquez 605 F.3d 604 (8 605 F.3d 604 (8 th Cir. 2010) Person traveling in a vehicle on public thoroughfares has no REP in movements from place to place. Seems to impose limitations on warrantless installation and monitoring of GPS: 1. Police have rsble suspicion that a particular vehicle is involved in an illegal activity, 2. The installation is non invasive and occurs while vehicle parked in a public place, and 3. GPS device remains on vehicle for rsble amt of time. State v. Sveum 769 N.W.2d 53 (Wis. Ct. App 2009) 4/A not implicated GPS device revealed only info that L.E. could obtain via visual surveillance. Subject trackedfor 5 weeks. Court noted that existing law does not limit L.E. s use of such devices to investigate legitimate criminal suspects. 3

16 United States v. Pineda Moreno Moreno 591 F.3d 1212 (9 th Cir. 2010) No 4/A violation Police entered curtilage of defendant s home to install beeper on vehicle in driveway Driveway only semi private area To claim E/P, must demonstrate he took steps to exclude passersby from driveway No gate, sign warning others against trespassing, etc., No REP in driveway even though located within curtilage United States v. Garcia, 474 F.3d 994 (7 474 F.3d 994 (7 th Cir.2007). Recognized tension between use of emerging technologies and privacy protection under 4/A Mass surveillance of vehicular movements could undoubtedly raise 4/A concerns Monitoring of unit was merely a substitute for following vehicle on public streets. Warrant Required Under State Constitutions People v. Weaver, 909 N.E.2d 1195 (N.Y. 2009). GPS technology more sophisticated and powerful then beepers. GPS tracking devices serve as replacement for, not enhancement of, traditional sensory perception. GPS tracking implicates massive invasions into an individual s privacy incompatible with any rsble notion of privacy. 4

17 Similar state decisions State v. Jackson, 76 P.3d 217 (Wash. 2003) (GPS). State v. Campbell,, 759 P.2d 1040 (Ore. 1988) (radio transmitter). Recent Case: United States v. Maynard 615 F.3d 544 (D.C. Cir. 2010) Recognizes split among Circuits, states. Concurs with Weaver and Jackson. Distinguishes Knotts. Short term observation v. prolonged surveillance Maynard The whole of a person s movements over the course of a month is not actually exposed to the public because the likelihood a stranger would observe all those movements is not just remote, it is essentially nil. 5

18 Maynard Society recognizes appellant s expectation of privacy in his movements over the course of a month as reasonable, and the use of the GPS to monitor those movements defeated that reasonable expectation. U.S. v. Henandez 2011 WL (5 th Cir.) DEA was investigating Hernandez s brother (Angel) for drug trafficking. DEA agent located Angel s truck on public street in front of his house and attached GPS tracking device to undercarriage of truck. Agents legally intercepted call btwn Angel and Hernandez learned Hernandez was driving truck from Texas to CA to pick up drugs. Hernandez Hernandez lacked standing to challenge placement of GPS device on brother s truck: Truck registered to Angel Angel was primary driver Hernandez was not a regular driver Truck parked on public street in front of Angel s house Nothing in record suggesting H. had a possessory interest in house 6

19 Hernandez Hernandez had burden to est. that his 4/A rights were violated. He did not demonstrate a legit. E/P in invaded place. Any E/P he had not based on concepts of real or psnl ppty law or understandings recognized & permitted by society Hernandez lacked standing to challenge placement of GPS device. Hernandez Unconstitutional warrantless search? Cites line of cases holding that use of post Knotts GPS tech to monitor vehicle s movements is not search under 4/A. Recognized Maynard s reasoning that GPS monitoring of individual trip is not a search, whereas aggregate monitoring of daily movements is. Held that monitoring was not a search, easily distinguished from Maynard Hernandez s movements recorded over single cross country country trip. Not subject to round the clock electronic surveillance over extended period of time. GPS used on truck was similar to beeper in Knotts. GPS emitted pings at regular intervals from 15 min 2 hours. Agents used GPS briefly to find Hernandez travelling westbound to CA, then est visual surveillance and quit using GPS. 7

20 Regardless of what a GPS system could do, this GPS was not much more than a glorified, more efficient beeper. We do not mean to suggest that the government s use of a top of of the line GPS, which Hernandez describes as being capable of continuous, precise surveillance, would constitute a search. But that case is not before us. Cell Site Information (CSI) Cell Site Location Information (CSLI) What is CSLI? Derived from process by which cell phones communicate with service towers Occurs continually when phone ison Gives cell service providers (CSPs) details re: tower locations relied on by customers Tower location info can give detailed picture of user s location Real time Data Types of CSLI l.e. must ask court for a Prospective order Info not in existence at time of request. Historical Data retained records of CSP used by l.e. to reconstruct picture of where suspect was in past (often very recent past.) 8

21 Who Has the CSLI? Info retained by CSPs Enables CSP to direct calls to subscriber Each call must be logged for billing This info is Outside the Box Held by 3d party Sought from 3d party, not subscriber Obtaining CSLI An Overview A. STATUTORY ARGUMENTS 1. Applying SCA alone. a. tracking device argument b. Is CSLI a record or other info pertaining to a subscriber 2. Hybrid HbidTh Theory SCA + Pen Register + CALEA B. FOURTH AMENDMENT ARGUMENTS Is 4/A implicated? a. No REP U.S. v. Miller, Smith v. Maryland b. Beeper cases; no REP under Knotts c. Maynard: Intimate picture rationale CSLI and 4/A implications 1. No protection under 4/A United States v. Miller 425 U.S. 435 (1976). No REP in bank records. [t]he 4/A does not prohibit the obtaining of information revealed to a 3d party and conveyed by him to govt authorities, even if the info is revealed on the assumption that it will be used only for a ltd purpose. Smith v. Maryland, 422 U.S. 735 (1979). Pen register does not violate 4/A bc info revealed to 3d parties may be conveyed by the 3dp to the govt. 9

22 United States v. Knotts 460 U.S. 276 (1983) Location tracking outside the home analogous to physical surveillance, therefore does not require a warrant. But what about Maynard? Relying on Maynard,, courts have held that 4/A requires govt to obtain warrant, based on PC to obtain CSLI (real time and historical) Knotts not dispositive E/P in patterns of movement over time Differs in movement from 1 place to another This constitutes a search Statutory Privacy Protections Electronic Communications Privacy Act (ECPA) enacted to protect users of electronic and wire communications from govt intrusions i deemed d unwarranted by Congress If govt seeks to compel CSP to disclose info, they must follow ECPA s guidelines 10

23 ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA) Statutory framework for obtaining CSLI Pen / Trap Statute (Title III ECPA): Pen registers record numbers of outgoing calls Trap and Trace records numbers of incoming i calls Govt must obtain court order before installing on suspect s phone. Govt must show info likely to be obtained is relevant to an ongoing criminal investigation ECPA (continued) Stored Communications Act (SCA) Regulates disclosure of stored wire and electronic communications information Two types of information under SCA: Contents of communications Records or other info pertaining to subscriber / customer of the CSP. (CSLI) SCA dictates 3 routes by which L.e. can compel disclosure of records or other information pertaining to subscriber of CSP. Different levels of proof required 11

24 1. Warrant probable cause 2. Consent of customer 3. Court order under 2703(d) Specific & articuable facts showing there are reasonable grounds to believe records or other info sought will be relevant to ongoing criminal investigation. Hybrid Theory: Pen Register Statute and Stored Communications Act, considered together with the Communications Assistance for LawEnforcement Act (CALEA) permit court to authorize disclosure of prospective cell site information. Disclosure of Cell Cite Location Data May govt. obtain CSL data from telecommunication provider without a probable cause warrant? Divisive issue for the courts 12

25 Different views re Interpretation of ECPA s provisions, CALEA Interpretations of language in SCA tracking device electronic communication wire communication Relevance of type of info sought: Historical Prospective. Courts approaches for obtaining Historical CSLI Generally have held (or stated in dicta) that historical CSLI can be obtained with less than probable cause: 2703(d) order SAF rsble grounds to believe records / info material to ongoing criminal investigation or Hybrid theory However other courts require PC Tracking device argument: Cell phones are tracking devices, therefore not covered by SCA. PC is standard required for govt to install tracking device. 13

26 Tracking device argument: 1. Cell phone is a tracking device b/c CSI permits tracking of movement of phone s user, 2. CSI is not included in the definition of electronic communication, therefore 3. Disclosure of CSI is not permitted under 3703(d). NCJRL. org 3d Cir. Opinion Sept. 7, 2010: (Slovitar) 2010 U.S. App. LEXIS (d) order can get historical CSLI Reversed decision in W.D. Pa. holding probable cause needed for disclosure of historical CSLI 3 rd Cir. (Sept. 7, 2010) 2010 U.S. App. LEXIS History: Gov t applied for court under 2703(d) of SCA to compel disclosure of customer s historical cellular tower data or CSLI. Judge Lenihan (MJ) (W.D. Pa.) held a cell phone = a tracking device, therefore 2703(d) not applicable. MJ held Probable Cause needed std for installing tracking device. 14

27 Courts approaches for obtaining Real-time CSLI Majority require probable cause: Not a record under SCA Excluded from SCA as a tracking device Courts not in agreement as to definitions: SCA governs electronic & wire communications Wire communication a communication containing a human voice btwn & including points of origin and reception. Electronic communication excludes any communication from a tracking device. Tracking device: an electronic or mechanical device which permits the tracking of the movement of the person or object. NCJRL. org SCA not applicable to Real-time CSLI 2703(c)(1) contains process to compel disclosure of record or info pertaining to a customer of the service, Customerdoesn t use phone totrackhis track own movements in real time, Prospective CSI is not a record under 2703(c)(1) of SCA. NCJRL. org 15

28 Real time CSI While the cell phone was not originally conceived as a tracking device, law enforcement converts it to that t purpose by monitoring i cell site data. NCJRL. org Courts allowing L.E. to obtain real time CSLI with lower standard than probable cause (SAF) have done so only with regard to limited CSLI data that yields only generalized location Tower receiving transmission from target phone Tower tied to particular call made or received by user Thank You Priscilla Grantham pgadams@olemiss.edu edu (662)

Location Tracking. Current Technologies 1/19/2011. Not one, single technology Convergence of several technologies. Systems for

Location Tracking. Current Technologies 1/19/2011. Not one, single technology Convergence of several technologies. Systems for Don Mason Associate Director Copyright 2011 National Center for Justice and the Rule of Law All Rights Reserved Location Tracking Not one, single technology Convergence of several technologies Systems