Mobile phone spy nz
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Criminal liability for mobile phone spying in NZ
They must be read, acquired, or monitored on their journey either from the sender to the server or from the server to the recipient. Criminal liability for monitoring emails and text messages after they were delivered may arise under s 1 for accessing a computer system without authorisation. A person who intentionally accesses any computer system without authorisation is liable to imprisonment for a term not exceeding two years. Access to a computer system is obtained if a person instructs, communicates with, or otherwise makes use of any of the resources on a computer system.
Such use includes storing, receiving, or modifying data stored on a computer system s Access is unauthorised if there is no implied or express consent or an authorisation conferred by law or a court. The Crimes Act defines the meaning of computer system as:.
Cell phone spy software nz
A computer system could be one computer or a network of computers. It includes any device with a keyboard input , screen output , microprocessor processing , data storage storage , or communication facilities see above e. The broad definition extends, for instance, to digital cameras, mobile phones, smart TVs, and security systems. It also includes parts of a computer and links between computers, such as hubs, routers, switches, and peripherals. Interconnected computers are essentially networks of computers.
A network of computers can be as small as two connected computers. Any device that has internet connectivity provides the potential to connect with many millions of other networked computers, meaning that a device that is connected to the internet is part of a wider worldwide network and therefore part of a multitude of interconnected computers. A person who reads and monitors text messages and emails on a cell phone through surreptitiously installed spying software gains unauthorised access to a computer system and therefore commits an offence under s If private communication has been intercepted in contravention of sB and is then disclosed to a third party, liability will arise out of sC.
It is an offence to offer to supply or sell software or other information that will allow the defendant to access a computer system without authorisation or to have such software in possession for such sale or supply.
Is Your Mobile Phone Being Monitored? | The Investigators, Auckland, NZ
The scope of s is broader than sD and will encompass mobile phone spying software. However, sD is most likely to take precedent over s because it is lex specialis. A person who uses mobile phone spying software to take, copy, or obtain any document, model or other depiction of any thing or process that contains or embodies trade secrets is liable for imprisonment for a term not exceeding five years s 1 , s Trade secrets are protected under s as proprietary rights if reasonable efforts are undertaken to preserve the secrecy of the commercially valuable information.
There must be some intention to treat the information as secret. It could be argued that someone who communicates information via email or text messages without encryption has no interest in keeping the information secret.
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This assertion, though, is contestable. The information must be taken, obtained, or copied with the knowledge that it contains or embodies a trade secret. The defendant must take the information with the intention to obtain a pecuniary advantage or to cause loss to any other person.
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Businesses and professionals dealing with confidential information, trade secrets, and intellectual property should increase their mobile phone security. It is no longer appropriate for commercial information to be leisurely exchanged via unsecured and unencrypted channels. The more incentive monetary or otherwise there is for another to know what you know, the more likely it will be that someone will take the time to monitor your communication. Bianca Mueller is a qualified judge and barrister from Germany and an enrolled solicitor in New Zealand. Bianca has worked as a lawyer for government agencies in New Zealand and Europe.
She can be contacted at 04 How can we help you? Family Dispute Resolution For the Community Information on how to choose, find and work with a lawyer. Commentary Research and reviews Personal and career development The business of law Practice areas Email scam information Information for new lawyers Practising Well Bullying and harassment in the legal profession Practice Briefings Practice Resources. Criminal liability for mobile phone spying in NZ 31 January Modern technology has made it easy for everyone, not only government agencies, to hijack private cell phone communication.
There are a few signs that may help you find out if your cell phone has spy software installed and that it is being tracked, tapped or monitored in some way. Often these signs can be quite subtle but when you know what to look out is your cell phone being tracked by spy software for, you can sometimes find out if your cell phone is being spied on.
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It seems that almost everyone has a cellphone, from young children right through to the elderly. Cell phones were exactly that -Phones! We can do all sorts now — browsing the Internet, chatting on Facebook, online banking and sending e-mails, just to name a few. More and more of our personal information is being transmitted through our phones and most people do not realise just how easy it is for other people to get hold of this information. Most people are shocked at the capabilities of a relatively inexpensive piece of spy software that anyone can buy — legally.
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Get familiar with these spy apps and what they are capable. Knowing what you are up against is a good first step.
This application works on all mobile devices and smartphones, from iPhones to Android and BlackBerry phones. Some spy software can be quite buggy and is known to cause this. From tracing the originating IP address through to serious blackmail and stalking cases we have worked the spectrum of these enquiries over the past years. Remotely enable the target device's microphone, record the surroundings of it and then upload it to your web account. Facebook insists that people using its Android smartphone app agree to give them permission to read their text messages, although the internet giant said it had not yet taken advantage of this right. The more incentive monetary or otherwise there is for another to know what you know, the more likely it will be that someone will take the time to monitor your communication. Share on Pinterest pinterest.
We think anyone would be shocked to find spy software on their mobile phone and would be angry at the invasion of privacy, but for some people the consequences could be much more serious. Business users are particularly at risk but anyone can become a target of spy software. Just think for a moment about the information stored on or passing through your phone on a daily basis.
Here are a few of the tell-tale signs that could let you know if your cell phone has spy software installed.
Jan 31, Suspect your spouse is cheating? It's possible to spy on every text and mobile phone call he or she makes from the comfort of your computer. Companies are using free smartphone apps as 'fronts' to allow them to spy on cameras and even dial their phone and intercept calls without them knowing.
Some of these indicators can be caused by other things so you need to use your judgment. Some spy programs work very well and can only be detected by expert analysis but if your phone has several of the following signs you may have cause for concern. With all the above you are looking for sudden changes in your phones behaviour that cannot be explained.
Each of these on their own is not necessarily evidence of spy phone software, but if your phone shows signs of several of these, you could be a victim of spying. The Investigators have a great deal of experience in online stalking and cyber investigations. From tracing the originating IP address through to serious blackmail and stalking cases we have worked the spectrum of these enquiries over the past years.