Lawyer urges clampdown on mobile phone eavesdropping
Lawyer Tim Marshall has called for an end to a legal loophole which lets people eavesdrop on mobile phone chats, while intercepting other communications is banned.
The practice is widespread with even Telecommunications Minister Renee Webb admitting she had fallen victim to snoopers.
Scanners bought for a few hundred dollars have proved a big hit with truck drivers, The Royal Gazette has learned, with many others getting hooked on the craze.
Ms Webb said: "It's a national pastime -- listening to people's conversations.
"It's better than the Young and the Restless. That way you can really find out what's happening in Bermuda. People have them in the car and turn them on.
"One person even called me to say she'd heard my conversation and would I like to hear it? Why would I want to hear my own conversation? I was surprised she even admitted listening to it.'' However Ms Webb assured The Royal Gazette that no state secrets were divulged.
She said: "I knew these devices existed, so I am very careful what I say.
"I think it is a bit much that people get a thrill from listening to other people's conversations.'' She said people with old-style analogue cell phones were vulnerable to the scanners, but digital phones had security devices.
But she said digital phone users talking to people on analogue phones were still vulnerable to the eavesdroppers.
Asked whether Government was looking at cracking down on phone scanning, which is banned in North America, Ms Webb was non-committal.
She said: "It has not been discussed, we are only just realising how pervasive it is.'' End mobile phone eavesdropping, urges lawyer However Mr. Marshall pointed out that Section Nine of the Bermuda Constitution contained a clause maintaining the right to receive information without interference.
And the Constitution upholds an individual's right to freedom from interference of their correspondence.
Mr. Marshall said the Telecommunications Act 1986, which upholds privacy of communications, covered cable and fibre optic communications but omitted wireless communications such as cell phones.
He said: "If we have historically maintained the confidentiality of communications we should be concerned about scanner technology eroding this.
"If this scanner technology is readily available we should look at it.
"In terms of that Act, some thought should be given as to whether it should be amended to cover wireless communications.
"Somebody needs to look at that to get rid of the loophole. We are not keeping pace with the new means of communication.
"If everybody recognises there is a danger with this type of communications they can be cautious about what they are saying.
"But they should not have be so cautious, there should be legislation.
Scanners should be prohibited if we still believe communication should be kept confidential. It might be argued that under this (1986) Act, that scanners are acceptable if you are picking up wireless communications, but if you talk about what you are picking up, then it's an offence under the law.'' One scanner buff said he had helped foil a theft after hearing a restaurant worker was planning to steal from the till.
He said: "I told the management and advised them to keep an eye out. They caught him in the act.
"I have heard all sorts. People who are having affairs will tell their lover `don't call tonight, my wife is in'.'' "I have heard women talk explicitly about their sex lives and male prostitutes talk about how much they charge. I have heard politicians talk about the line they were going to take but that wasn't very interesting.'' A spokesman for Radio Shack said his company no longer stocked the scanners, which cost several hundred dollars, after they were banned in the States and Canada. He said: "They are popular but we haven't had them for about three years because they were too expensive. We didn't want to pay a lot of money to bring them in from somewhere else.'' "But a lot of people bring them in when they come back from abroad.''
