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  • AADD Moderators: swilow | Vagabond696

Australian mobile law question

Coolio said:
All SMS is recorded for at least 2 years by the carriers nowadays. If subpeonaed by a court they will hand over this information to be used as evidence against you. There is no 'tapping' necessary. With SMS the contents and subjects of EVERY users' messages are all semi-permanently archived for law enforcement use.
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in AMERICA of course ...

but Australia nope ...

otherwise I would not be needed as a witness and the sms messages would be used.

watch out for dat swine flu there Coolio .......=D
 
How can they track you within 5-10 metres. Maybe your phone areal is shit and your close to a tower but they will guess you're closer to Town B than Town C because you keep swapping between B and C and B shows higher signal strength.?
 
alot of these newer phones have GPS and they lock onto your phone by prank calling you then hanging up so I was told by a cop.

so if you have a really new phone then its alot easier to track you.
 
They only need to send a malformed SMS actually.
Most phones will ignore it but the cops get a response to what tower you're on, on their gateway or phones with the application.
 
As far as I know a GPS is a passive device. The sattalites beam a grid onto the ground that over lap and the GPS uses this over lap to triangleate its current location without transmitting anything.

there is a wikipedia that talks on phone taps and mentions the prank phone call tracking things
 
In regards to Heisenberg saying to give fake details when buying a phone and having paperwork details taken down, the stores also take down the IMEI number (Atleast this is required on the WA form, I have filled them out before). Unless I am mistaken, phones can be tracked by their IMEI numbers aswell (I think this must be sent to the phone network when an sms or call is made?).
 
krankenhaus said:
In regards to Heisenberg saying to give fake details when buying a phone and having paperwork details taken down, the stores also take down the IMEI number (Atleast this is required on the WA form, I have filled them out before). Unless I am mistaken, phones can be tracked by their IMEI numbers aswell (I think this must be sent to the phone network when an sms or call is made?).
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Indeed an IMEI is a unique identifier and used to wreck many a dealer who swaps his simcards beleiving that that's all there is to it.

As for IMEI numbers being recorded... in WA, does that include Cash Converters as well? :p
 
kingpin007 said:
alot of these newer phones have GPS and they lock onto your phone by prank calling you then hanging up so I was told by a cop.
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8(
So normally this wouldn't bother me but earlier tonight I got prank called. One time they hung up after it rang once, the second time I answered but they hung up, the third I just let it ring (these all happened within one minute). All with the number withheld.

Now 'm all paranoid. :p
 
^ To help make you feel better, maybe it was a telemarketer? Some of them do that same thing when testing numbers I read somewhere.
 
^ Haha, yeah it probably was.
I think it was just the timing of the calls and then reading that, it's not like there's any reason for them to be tapping my phone anyways.
 
Also there are these scams where you get a missed call , you call them back and you just entered a contract for winning prizes or shit and you pay $5 for every sms they send you and it can be very hard to get out of it.

dont ever call back numbers you do not know.
 
Telemarkerts legally have to show their caller ID or they get fined about 10k.
Same as any call not washed against DNC Reg and call a number thats in the list (they get 90 days though after your number is entered)
 
the moral of the thread: keep your illicit dealings limited to face-to-face conversations, during which your phone is switched off so that your location cannot be immediately tracked nor your conversations listened to...i have been told that they can tap into anything that's being said even when you just have your phone on (as in, not actually talking on the phone to someone).
 
hyroller said:
the moral of the thread: keep your illicit dealings limited to face-to-face conversations, during which your phone is switched off so that your location cannot be immediately tracked nor your conversations listened to...i have been told that they can tap into anything that's being said even when you just have your phone on (as in, not actually talking on the phone to someone).
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As long as the phone has its battery physically installed, your phone can be remotely turned into a recording device. You have to pluck the battery out to prevent your cell phone from being a roving microphone. This is another feature that I'm not sure Aussie law enforcement has access to yet - but since the UK and US have it, it's probably not long before AU will follow suit.
 
Whatever the bullshit anyone believes or says is true, myth, or a blatant lie, I've always stood by the motto; You can never be too paranoid.
 
ok need some advice on this:
I may have to go to court where my phone logs of sms/calls will probably be the primary evidence to dispute a fine.
would the cops be able to read my sms messages if they are cleared from the phone?
and would they look around my logs past the time the fine took place and snoop around a few days before or after?
 
^ If you read through this thread, a lot of people are saying they only keep a record of times/dates for messages and calls, not actual information.

If they are getting a subpoena or whatever they have to get to look at this information, then the dates they are allowed to examine will probably be outlined on there.
 
perthboy said:
ok need some advice on this:
I may have to go to court where my phone logs of sms/calls will probably be the primary evidence to dispute a fine.
would the cops be able to read my sms messages if they are cleared from the phone?
and would they look around my logs past the time the fine took place and snoop around a few days before or after?
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aslong as all sms are deleted from phone you be ok.

yes sms are stored on simcard which is like a sdcard and yes the data can be restored but you would have to be a terrorist to go all that trouble.

your going to court for a traffic infringement ? If so they are only allowed to log calls and sms from the times you are disputing fine . so you got done for talking on phone whilst driving ?
 
indeed i did. the police refused to check my phone at the time so now I have to deal with the courts.
they also didnt ask to sight my phone before they wrote out the infringement too.
so much hassle for their lazyness
 
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