Mobile 'pinging' raises legal questions

14 July 2011 Last updated at 10:39 GMT Designated police officers can ask mobile networks to "ping" a customer's location. A former News of the World journalist's allegation the newspaper paid police to track mobile phones raises serious questions about the UK's eavesdropping laws, according to experts.

Sean Hoare said it was possible to "ping" a handset's location for ?300.

While there is no firm evidence to support the accusation, if true it would undermine safeguards within the Regulation of Investigatory Powers Act.

The law outlines a system of checks intended to prevent it being abused.

Police can ask mobile networks to determine the location of a phone, based on information from nearby radio masts.

Only a handful of officers in each force is authorised to make such enquiries, and their requests are supposed to be approved by a senior colleague.

Poor compliance

The system is regulated and audited by the Interception of Communications Commissioner, Sir Paul Kennedy.

In his most recent report, Sir Paul found in 10% of cases where law enforcement bodies sought communications information, there was poor compliance with the rules.

Such audits are based on a sampling of police requests - something that leaves the system open to abuse, according to solicitor advocate Simon McKay, author of Covert Policing: Law and Practice.

"The resources of the commissioner empowered by statute to review it are fairly restrictive, so circumstances dictate that a tiny proportion of authorisations obtained will ever be reviewed meaningfully or critically by the commissioner," he told BBC News.

Mr McKay added he would not be surprised if leaks had been made in return for cash.

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Mobile phone networks have the ability to locate their customers' handsets.

At a basic level, they can determine which cell the phone is using. In a city, that might narrow-down the location to a few hundred metres. In the countryside it could be several kilometres.

It is also possible to triangulate the position of a phone more precisely using its relative position to several masts.

Additionally, many modern phones contain GPS technology to help determine their exact longitude and latitude.

Mobile operators are reluctant to discuss exactly what level of detail they are able to provide to law enforcement, although there are examples of police tracking criminals, accident victims and missing persons by their mobile phones.

"You are generally dealing with people that are experienced in using and deploying covert policing techniques and therefore their tradecraft equips them particularly well to minimise the risk of detection," he said.

Freedom law

A new law, currently being considered by parliament - the Protection of Freedoms Bill - would require judicial approval for some Regulation of Investigatory Powers Act (RIPA) disclosures, but not those requested by police.

The BBC approached the government to see if it planned to ask Sir Paul to re-examine the safeguards around police use of RIPA.

A Home Office spokesman said it would not be taking such action before the prime minister had outlined the terms of reference for his two enquiries into the phone-hacking scandal.

Daniel Hamilton, the director of campaign group Big Brother Watch, said he was happy to wait, provided there was eventually a review.

"I would have preferred if action had been taken earlier and intercepts had not been used on such a wide basis, but I think it makes sense now an inquiry has been set up and we have received assurances from the PM and the police that there will be a thorough investigation.

"I hope at the end it will be an opportune time to revisit these processes," he said.

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Cost of Euro mobile roaming falls

1 July 2011 Last updated at 08:46 GMT The European Commission wants to make roaming rates the same as domestic rates by 2015 The cost of making and receiving mobile phone calls while travelling in Europe has come down again.

From today, operators cannot charge more than 32p per minute (plus VAT) for outgoing calls, and 10p per minute (plus VAT) for incoming calls.

The new tariffs are the latest in a series of annual price reductions forced on the mobile industry by the European Commission.

Brussels has said it aims to equalise roaming and domestic charges by 2015.

Price regulation was introduced in 2007 by the then commissioner for information society and media, Viviane Reding.

Since then, the maximum call charge has been reduced by approximately 6% per year.

A group of UK mobile operators - O2, Vodafone, Orange and T-Mobile - attempted to challenge the Commission's price-cutting agenda, taking their case to the European Court of Justice.

However, their complaint was dismissed in June 2010.

Along with the lower rates for phone calls, the commission also reduced the wholesale rate of mobile data from 80 euro cents (72p) to 50 euro cents (45p) per megabyte.

Whereas the price cap on voice calls applies directly to the way consumers are billed, the data changes only affect what operators charge each other. There is an expectation, rather than obligation to pass-on the savings.

Operators are compelled to place a 50 euro (?45) cap on users' data consumption, in order to avoid unexpectedly high bills. Customers who wish to continue their data roaming can request to have the limit removed.

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Mobile firms can trade spectrum

21 June 2011 Last updated at 10:08 GMT There are now 12.8 million smartphones in the UK according to Ofcom. UK regulator Ofcom has given phone operators the green light to trade spectrum in a move intended to increase mobile network capacity.

Available bandwidth is becoming a huge issue as smartphones put increasing demand on networks.

The trading of airwaves comes ahead of a crucial spectrum auction next year that will usher in 4G data services.

Both the auction and the decision to allow operators to trade existing spectrum have caused controversy.

Spectrum trading allows operators to sell off the airwaves they own in the 900MHz, 1800MHz and 2100MHz frequency bands.

Historically the 900MHz slice of spectrum has belonged exclusively to O2 and Vodafone because they were the only two mobile operators on the market when it was handed out.

While other nations have reallocated this spectrum to offer a more level-playing field ahead of 4G auctions, this has not happened in the UK.

Ofcom had originally planned to redistribute the spectrum allocated to O2 and Vodafone, but was met with a legal action, initiated by the two operators.

Lifeblood

Ofcom dropped its plans following the merger of T-Mobile and Orange.

Everything Everywhere (EE), the parent company of T-Mobile and Orange will be the biggest beneficiary of spectrum trading.

It was required to sell off about 19 percent of its spectrum frequencies as a condition of the merger.

Three is unhappy as it has the least spectrum to trade.

"Spectrum is the lifeblood of smartphones and the mobile internet and for those with surplus holdings it is also a strategic asset, so voluntary trading is the exception," it said in a statement.

"This move simply allows those who have been gifted access to public spectrum to profit from it, with no benefit for UK taxpayers."

Three will voice its concerns later today at a Department of Culture select committee hearing set up to discuss the way spectrum is being allocated.

Further delays

O2 and Vodafone are unlikely to sell off any of their assets, according to Matthew Howett, an analyst with research firm Ovum.

"It is simply too valuable to them and they would only trade it if they were forced to," he said.

What may force their hand is the upcoming 4G auction in which Ofcom has set caps on the amount that can be bought.

It will mean the operators with more existing spectrum will be able to buy less of the more valuable 4G airwaves.

Ofcom has also ring-fenced some of the spectrum for new entrants such as Three.

"It has done this because it recognised that 3 might not be able to survive and it values the disruptive nature of a player like 3," said Mr Howett.

But O2 said it was tantamount to "state aid" and has threatened legal action.

Any further delays to the auction could put the UK behind other European countries in the roll-out of 4G services, said Mr Howett.

4G will be crucial as the market continues to grow.

According to Ofcom there are now 80 million mobiles in the UK, 12.8 million of which are smartphones.

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