Monthly Archives: June 2014

EX DETECTIVE MAKES PLEA FOR A FINE IN LIEU OF JAIL FOR PASSING ON RESTRICTIVE INFORMATION

A former West Australian detective who unlawfully accessed and passed on information from a restricted police information system should not be jailed, his defense lawyer argues.

judge gavel image www.po;icesearch.net

Carl Salvatore Casilli is charged with one count each of communicating interception warrant information to another person, unlawful use of a computer in any case, unlawfully supplied an audiovisual recording of an interview, and 14 counts of without authorisation operates a restricted access system.

The offenses occurred between 2008 and 2013.

Perth Magistrates Court heard on Monday that Casilli passed the information to a female lawyer with whom he was having a personal relationship.

The state argued some incidents “went beyond doing a favour for someone” and undermined ongoing investigations.

“The offender knew quite well that not only was this conduct unethical, but plain illegal,” prosecution lawyer James MacTaggart said.

He said the intercept warrant affidavit contained confidential information about a person who was not a client of the female lawyer, and such action was “grossly illegal”.

Magistrate Elizabeth Woods said that offence was probably the most serious.

Defence lawyer Nick Lemmon said he accepted the intercept warrant offence was “in another category” and worthy of instant dismissal.

But other offences, such as passing on a video of an interview for the female lawyer’s training purposes was an example of a less serious transgression, he said.

Mr Lemmon disputed the claim Casilli had compromised police investigations and said information had not been accessed for the purpose of benefit.

Noting the repetition of the conduct and Casilli’s position of trust, he said the former detective should rather be substantially fined.

He said the offences occurred when Casilli was involved in and obsessed with the hunt for the killer of Supreme Court registrar Corryn Rayney.

He will be sentenced on July 15.

Henry Sapiecha

POLICE NEED SEARCH WARRANT TO GO THROUGH PERSONS MOBILE PHONE RECORDS

Warrant needed for mobile phone search: US

mobile phone worker user image www.policesearch.net
Washington: In a sweeping victory for privacy rights in the digital age, the United States Supreme Court unanimously ruled that the police need warrants to search the mobile phones of people they arrest.

While the decision will offer protection to the 12 million people arrested every year, many for minor crimes, its impact will most likely be much broader. The ruling almost certainly also applies to searches of tablet and laptop computers, and its reasoning may apply to searches of homes and businesses and of information held by third parties like phone companies.

“This is a bold opinion,” said Orin Kerr, a law professor at George Washington University. “It is the first computer-search case, and it says we are in a new digital age. You can’t apply the old rules anymore.”

Mobile phones deserve the same protection against “unreasonable searches and seizures” as other personal property – for example homes – enshrined in the US constitution’s Fourth Amendment, the top US court said on Wednesday.

The court, in two cases involving criminal suspects whose mobile handsets were searched by police, weighed the interest of law enforcement in finding important evidence against the civil liberties guaranteed in the constitution.

Chief Justice John Roberts jnr, writing for the court, was keenly alert to the central role mobile phones play in contemporary life. They are, he said, “such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy”.

But he added that old principles required that their contents be protected from routine searches. One of the driving forces behind the American Revolution,  he wrote, was revulsion against “general warrants,” which “allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity”.

“The fact that technology now allows an individual to carry such information in his hand,” the chief justice also wrote, “does not make the information any less worthy of the protection for which the founders fought.”

“Our answer to the question of what police must do before searching a [mobile] phone seized incident to an arrest is accordingly simple – get a warrant,” he wrote.

The American Civil Liberties Union hailed the decision as important for constitutional rights, while the Centre for Democracy and Technology called the ruling “a tremendous victory for privacy rights”.

Yousry Zakhary of the International Association of Chiefs of Police said the ruling was “disappointing and will undoubtedly impact law enforcement’s ability to investigate and combat crime”.

Meanwhile, the US Congress passed a law offering whistleblower protections for government intelligence employees, a move cheered by supporters of former NSA contractor Edward Snowden.

The House of Representatives voted late on Tuesday to pass the provision authorising the US government’s intelligence activities for the 2015 budget year, which begins on October 1. Section VI forbids firing, demoting or other reprisals against any intelligence worker who reports violations of federal law, wasting of funds or any activity that puts the public in danger to the inspector-general of agencies such as the National Security Agency or Central Intelligence Agency.

“It’s a no-brainer to restore safe alternatives to illegal leaks,” said Tom Devine of the Government Accountability Project, which defends Mr Snowden.

But non-staff contractors, such as Mr Snowden during his time working for the NSA, are not covered by the new protections.

New York Times, AFP

Henry Sapiecha

HYUNDI PRODUCES CAR THAT OUTSMARTS SPEED CAMERAS

PERHAPS SPEED CAMERAS AS WE KNOW THEM COULD BE A THING OF THE PAST

 genesis speed smart car hyundi image www.policesearch (1)

Speed camera fines could become a thing of the past if Hyundai has its way.

genesis speed smart car hyundi image www.policesearch (2)

The brand is set to sell a luxury sedan in Australia that is capable of outsmarting speed cameras with a combination of GPS and braking technology.

Speaking in Seoul at the launch of the Hyundai Genesis, company spokesman Guido Schenken told journalists that the car could identify speed cameras and slow down if drivers are going too fast.

genesis speed smart car hyundi image www.policesearch (3)

“It knows there is a speed camera there, it knows where the speed camera is and it will adopt the correct speed,” he says.

“It will beep 800 metres before a camera and show the legal speed, and it will beep at you if your speed is over that.”

The Genesis, a luxury sedan designed to be a cut price alternative to models sold by BMW and Mercedes-Benz, features a suite of high-tech driver aids that include an active cruise control system that will apply the brakes to maintain a safe distance to the car in front.

It also has automated emergency braking technology that will stop the car to prevent a collision.

By coupling those self-braking systems with camera locations loaded into the car’s navigation software, the car will warn drivers ahead of speed traps and slow down if required.

The feature works for fixed speed cameras and average speed cameras, though it will not give drivers an advantage over mobile speed cameras or the highway patrol.

Hyundai will introduce the Genesis locally in October, 2014.

It has not confirmed local pricing or specifications. Unfortunately the technology won’t be offered on the Genesis initially.

Update: An earlier version of this story said Genesis models sold locally would likely get this feature but Hyundai has since confirmed it won’t be available.

Henry Sapiecha