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ARTICLES
TRACKING & SPY GADGETS-ARE THERE BENEFITS, IS IT LEGAL?
Posted 16/Dec/2008, 1512 words
The short answer is,
NOT MUCH BENEFIT AT ALL AND THE USE OF THESE DEVICES WILL MORE THAN LIKELY GET YOU INTO MORE TROUBLE THAN YOU COUNTED UPON.
Today we are surrounded by advancing technology and some who operate and advertise their services in the Private investigation industry believe that these devices are a substitute for a thorough well-planned and well - executed investigation when the evidence available suggests they are not. Further more, in almost all applications of these devices, the actions of these private investigators are unlawful and exposes them and their clients to the risk of serious criminal charges. In almost all cases the evidence gathered by these devices in not admissible in courts of law and if the target of the investigation discovers one of the illegally used devices then the chances are the investigator and their client will be the subject of criminal charges and claims by the victim for compensation.
The end results can be devastating.
The State Police Forces and Federal Police are currently investigating the illegal advertising and use of these devices with the view to laying criminal charges against some private investigators and changing the legislation when it comes to the existing Acts Of Parliament to strengthen our already much valued rights to privacy.
None of these gimmicks / devices can replace the value of a well-constructed and well-executed investigation. They wont tell you that two people slept together or kissed and cuddled. They wont necessarily tell you the exact location of the people under investigation either. They wont tell you the identity of the other person nor that person’s marital status etc. They will just leave many questions unanswered and chances are you will require further traditional and accepted investigation to gather evidence lawfully. Most likely the cost of what you have just expended on these gimmicks will be wasted.
Ask yourself this,
"Is it worth the risk?" Would I like someone to place a listening device or text message logger on my mobile phone? Would I like someone to place a tracking device on my vehicle? Would I like someone to monitor my every key stroke on my computer? To all of these questions the answer is obviously NO!
G.P.S. TRACKING DEVICES
These devices when used lawfully can be a limited aid to investigation particularly in criminal matters where the court has granted an authority to use them. They can be used to track goods and criminal suspects and are of value in being able to provide a map of the route of the person or goods and approximately where these persons and goods end up. I say approximately because they are still not pin point accurate and if a person attends an underground car park or a large complex of units, the tracking device will still not tell you exactly which unit they are in nor the exact location of the vehicle within that underground car park. To use them lawfully you require an authority from a court of law and these are only issued in extreme cases where illegal activities are strongly suspected and never in infidelity matters.
If a G.P.S. tracking device is used on a vehicle in a matrimonial infidelity matter then there are many complications that will most probably lead to criminal offences being committed by the person who places the tracking device on that vehicle. If another person instructed that investigator to place the device onto a vehicle then that person is also liable. If the person wanting the person/vehicle tracked does not 100% own that vehicle then the tracking device cannot be lawfully placed as there will clearly be a trespass and an invasion of privacy. You need the permission of all of the owners and drivers of that vehicle before the tracking device can be placed.
TEXT MESSAGE AND TELEPHONE BUGS
No person, not even a Private Investigator can place a listening device or text message logger onto a telephone at all. Only police and then only when authorised by a court order can they place these devices onto phones. You might own your phone but you do not own the telephone network over which these conversations / text messages take place. The Federal Government owns 51% of this network and thus the Federal Telecommunications Interceptions Act comes into play. This act sets out very clearly that persons found guilty of illegally possessing a device of this type and placing bugs or text message loggers on telephones including mobile phones will be dealt with very harshly indeed and may be sentenced to a gaol term.
COMPUTER KEY STROKE LOGGERS
These cyber devices can be sent to the victim person either remotely via e-mail or via unlawful hacking or placed onto the computer physically. They enable the user to capture every key stroke entered into the computer and with the use of sophisticated forensic software and a welltrained technician a complete history of all of that computers data in and out can be copied and retained. Any further communications can be sent to another e-mail address (usually the address of the person who placed the logging device) and thus timely data can be received as and when it happens.
These devices like all the other devices cannot be used without a lawful purpose and without a court order or the permission of the person who owns the computer. Thus in infidelity matters if you represent the wife and the computer in the house is jointly owned by the wife and the husband or perhaps just by the husband then you cannot use these devices lawfully. Even if the computer in this case is totally owned by the wife it is still a very grey area in terms of the obligations of the person having the device placed to notify all of the computer users.
SUMMARY
Can you trust an investigator that breaks the law to gather your evidence?Where would this investigator draw the line? Would this investigator perhaps sell the details of my investigation to a newspaper or even to the person of interest? Once a private investigator crosses this line there is no turning back. You cant trust these unscrupulous and stupid private investigators and they will eventually bring you down and any evidence gathered by them will be useless. We have recently seen a private investigator charged and convicted of criminal offences for his stupid, selfish actions and the investigation industry can ill afford more of these clowns bring down our hard earned and recovering good reputation.
If you want to be a winner and not a loser, give these private investigators who illegally gather evidence with these devices a very wide birth. Is it worth your integrity or reputation? Of course it\'s not. Lyonswood Investigations and Forensic Group will take good care of your investigation and your integrity. We will not expose you to these risks and guarantee to protect your confidentiality and that of your investigation.