GPS tracking unit

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A GPS tracking unit, geotracking unit, satellite tracking unit, or simply tracker is a navigation device normally on a vehicle, asset, person or animal that uses satellite navigation to determine its movement and determine its WGS84 UTM geographic position (geotracking) to determine its location. [1] Satellite tracking devices may send special satellite signals that are processed by a receiver.

Contents

Locations are stored in the tracking unit or transmitted to an Internet-connected device using the cellular network (GSM/GPRS/CDMA/LTE or SMS), radio, or satellite modem embedded in the unit or WiFi work worldwide.

GPS antenna size limits tracker size, often smaller than a half-dollar (diameter 30.61 mm). In 2020 tracking is a $2 billion business plus military-in the gulf war 10% or more targets used trackers. Virtually every cellphone tracks its movements. Tracks can be map displayed in real time, using GPS tracking software and devices with GPS capability. [2]

Architecture

A GPS "track me" essentially contains a GPS module that receives the GPS signal and calculates the coordinates. For data loggers, it contains large memory to store the coordinates. Data pushers additionally contain a GSM/GPRS/CDMA/LTE modem to transmit this information to a central computer either via SMS or GPRS in form of IP packets. Satellite-based GPS tracking units will operate anywhere on the globe using satellite technology such as GlobalStar or Iridium. They do not require a cellular connection.

Types

There are three types of GPS trackers, though most GPS-equipped phones can work in any of these modes depending on the mobile applications installed:

Data loggers

GPS loggers log the position of the device at regular intervals in its internal memory. GPS loggers may have either a memory card slot, or internal flash memory card and a USB port. Some act as a USB flash drive, which allows downloading the track log data for further computer analysis. The track list or point of interest list may be in GPX, KML, NMEA or other format.

Most digital cameras save the time a photo was taken. Provided the camera clock is reasonably accurate or used GPS as its time source, this time can be correlated with GPS log data, to provide an accurate location. This can be added to the Exif metadata in the picture file. Cameras with a GPS receiver built in can directly produce such a geotagged photograph.

In some private investigation cases, data loggers are used to keep track of a target vehicle. The private investigator need not follow the target too closely, and always has a backup source of data.

Data pushers

A data pusher is the most common type of GPS tracking unit, used for asset tracking, personal tracking and vehicle tracking systems. Virtually every cell phone is in this mode per user agreement, even if shut off or disabled storing the data for future transmission.

Also known as a "GPS beacon", this kind of device push (i.e. "sends"), at regular intervals, the position of the device as well as other information like speed or altitude to a determined server, that can store and analyze the data instantly.

A GPS navigation device and a mobile phone sit side-by-side in the same box, powered by the same battery. At regular intervals, the phone sends a text message via SMS or GPRS, containing the data from the GPS receiver. Newer GPS-integrated smartphones running GPS tracking software can turn the phone into a data pusher (or logger) device. As of 2009, open source and proprietary applications are available for common Java ME enabled phones, iPhone, Android, Windows Mobile, and Symbian. [3] [4] [5]

Most 21st-century GPS trackers provide data "push" technology, enabling sophisticated GPS tracking in business environments, specifically organizations that employ a mobile workforce, such as a commercial fleet. Typical GPS tracking systems used in commercial fleet management have two core parts: location hardware (or tracking device) and tracking software. This combination is often referred to as an Automatic Vehicle Location system. The tracking device is most often hardwired installed in the vehicle, connected to the CAN-bus, ignition system switch, battery. It allows collection of extra data, which is later transferred to the GPS tracking server. There it is available for viewing, in most cases via a website accessed over the Internet, where fleet activity can be viewed live or historically using digital maps and reports.

GPS tracking systems used in commercial fleets are often configured to transmit location and telemetry input data at a set update rate or when an event (door open/close, auxiliary equipment on/off, geofence border cross) triggers the unit to transmit data. Live GPS tracking used in commercial fleets generally refers to systems that update regularly at one-minute, two-minute or five-minute intervals while the ignition status is on. Some tracking systems combine timed updates with heading change triggered updates.

GPS tracking solutions such as Telematics 2.0, an IoT based telematics technology for the automotive industry, are being used by mainstream commercial auto insurance companies.

Data pullers

GPS data pullers are also known as "GPS transponders". Unlike data pushers that send the position of the devices at regular intervals (push technology), these devices are always on, and can be queried as often as required (pull technology). This technology is not in widespread use, but an example of this kind of device is a computer connected to the Internet and running gpsd.

These can often be used in the case where the location of the tracker will only need to be known occasionally (e.g. placed in property that may be stolen, or that does not have a constant source of energy to send data on a regular basis, like freight or containers.)

Data Pullers are coming into more common usage in the form of devices containing a GPS receiver and a cell phone which, when sent a special SMS message reply to the message with their location.

Covert GPS trackers

Covert GPS trackers contain the same electronics as regular GPS trackers but are constructed in such a way as to appear to be an everyday object. One use for covert GPS trackers is for power tool protection; these devices can be concealed within power tool boxes and traced if theft occurs.

Applications

The applications of GPS trackers include:

Personal tracking

Asset tracking

Solar Powered: the advantage of some solar powered units is that they have much more power over their lifetime than battery-powered units. This gives them the advantage of reporting their position and status much more often than battery units which need to conserve energy to extend their life. Some wireless solar-powered units, such as the RailRider can report more than 20,000 times per year and work indefinitely on solar power, eliminating the need to change batteries.

Aircraft tracking

Aircraft can be tracked either by ADS-B (primarily airliners and General Aviation aircraft with ADS-B-out enabled transponder), or by FLARM data packets picked up by a network of ground stations (primarily used by General Aviation aircraft, gliders and UAVs), both of which are data pushers. ADS-B is to be superseded by ADS-C, a data puller.

Animal tracking

Animal monitoring (GPS wildlife tracking): when put on a wild animal (e.g. in a GPS collar), it allows scientists to study the animal's activities and migration patterns. Vaginal implant transmitters mark the location where pregnant females give birth. [15] Animal tracking collars may also be put on domestic animals, to locate them in case they get lost. [16]

Legislation

Australian law

There are no Australian Federal Laws for surveillance and GPS tracker legality. However, most states have statutes covering the use and restrictions of tracking devices used for surveillance.

The below states have formal statutes. At present, only Queensland and Tasmania do not have legislation.

  • Workplace Surveillance Act 2005 (NSW) [17]
  • Surveillance Devices Act 1998 (WA)
  • Surveillance Devices Act 1999 (VIC)
  • Workplace Privacy Act 2011 (ACT)
  • Surveillance Devices Act 2007 (NT)

United States law

In the United States, the use of GPS trackers by government authorities is limited by the Fourth Amendment to the United States Constitution. So police, for example, usually require a search warrant. [18] While police have placed GPS trackers in vehicles without a warrant, this usage was questioned in court in early 2009. [19] [20]

Use by private citizens is regulated in some states, such as California, where California Penal Code Section 637.7 states:
(a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.
(b) This section shall not apply when the registered owner, lesser, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.
(c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.
(d) As used in this section, "electronic tracking device" means any device attached to a vehicle or other movable thing that reveals its location or movement by transmission of electronic signals.
(g) A violation of this section is a misdemeanor.
(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code. [21]

Note that 637.7 pertains to all electronic tracking devices, and does not differentiate between those that rely on GPS technology or not. As the laws catch up with the times, it is plausible that all 50 states will eventually enact laws similar to those of California. [ original research? ]

Other laws, like the common law invasion of privacy tort as well as state criminal wiretapping statutes (for example, the wiretapping statute of the Commonwealth of Massachusetts, which is extremely restrictive) potentially cover the use of GPS tracking devices by private citizens without consent of the individual being so tracked. Privacy can also be a problem when people use the devices to track the activities of a loved one. [22] GPS tracking devices have also been put on religious statues to track the whereabouts of the statue if stolen. [23]

In 2009, debate ensued over a Georgia proposal to outlaw hidden GPS tracking, with an exception for law enforcement officers but not for private investigators. See Georgia HB 16 - Electronic tracking device; location of person without consent (2009). [24] [25]

United Kingdom law

The law in the UK has not specifically addressed the use of GPS trackers, but several laws may affect the use of this technology as a surveillance tool.

Data Protection Act 1998

It is quite clear that if client instructions (written or digitally transmitted) that identify a person and a vehicle are combined with a tracker, the information gathered by the tracker becomes personal data as defined by the Data Protection Act 1998. The document “What is personal data? – A quick reference guide” [26] published by the Information Commissioner's Office (ICO) makes clear that data identifying a living individual is personal data. If a living individual can be identified from the data, with or without additional information that may become available, is personal data.

Identifiability

An individual is 'identified' if distinguished from other members of a group. In most cases, an individual's name, together with some other information, will be sufficient to identify them, but a person can be identified even if their name is not known. Start by looking at the means available to identify an individual and the extent to which such means are readily available to you.

Does the data 'relate to' the identifiable living individual, whether in personal or family life, business or profession?

Relates to means: Data which identifies an individual, even without an associated name, may be personal data which is processed to learn or record something about that individual, or the processing of information that affects the individual. Therefore, data may 'relate to' an individual in several different ways.

Is the data 'obviously about a particular individual?

Data 'obviously about' an individual will include their medical history, criminal record, record of work, or their achievements in a sporting activity. Data that is not 'obviously about' a particular individual may include information about their activities. Data such as personal bank statements or itemised telephone bills will be personal data about the individual operating the account or contracting for telephone services. Where data is not 'obviously about' an identifiable individual it may be helpful to consider whether the data is being processed, or could easily be processed, to learn, record or decide something about an identifiable individual. Information may be personal data where the aim, or an incidental consequence, of the processing, is that one learns or records something about an identifiable individual, or the processing could affect an identifiable individual. Data from a Tracker would be to identify the individual or their activities. It is therefore personal data within the meaning of the Data Protection Act 1998.

Any individual who wishes to gather personal data must be registered with the Information Commissioner's Office (ICO) and have a DPA number. It is a criminal offense to process data and not have a DPA number. [27]

Trespass

It may be a civil trespass for an individual to deploy a tracker on another's car. But in the OSC's annual inspection, the OSC's Chief Surveillance Commissioner Sir Christopher Rose stated "putting an arm into a wheel arch or under the frame of a vehicle is straining the concept of trespass". [28]

However, entering a person's private land to deploy a tracker is clearly a trespass which is a civil tort.

Prevention of Harassment Act 1997

At times, the public misinterprets surveillance, in all its forms, as stalking. Whilst there is no specific legislation to address this kind of harassment, a long-term pattern of persistent and repeated efforts at contact with a particular victim is generally considered stalking.

The Protection of Freedoms Act 2012 created two new offenses of stalking by inserting new sections 2A and 4A into the PHA 1997. [29] The new offences which came into force on 25 November 2012, are not retrospective. Section 2A (3) of the PHA 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking. Examples are: following a person, watching or spying on them, or forcing contact with the victim through any means, including social media.

Such behavior curtails a victim's freedom, leaving them feeling that they constantly have to be careful. In many cases, the conduct might appear innocent (if considered in isolation), but when carried out repeatedly, so as to amount to a course of conduct, it may then cause significant alarm, harassment or distress to the victim.

The examples given in section 2A (3) are not an exhaustive list but an indication of the types of behavior that may be displayed in a stalking offense.

Stalking and harassment of another or others can include a range of offenses such as those under the Protection from Harassment Act 1997; the Offences Against the Person Act 1861; the Sexual Offences Act 2003; and the Malicious Communications Act 1988.

Examples of the types of conduct often associated with stalking include direct communication; physical following; indirect contact through friends, colleagues, family or technology; or, other intrusions into the victim's privacy. The behavior curtails a victim's freedom, leaving them feeling that they constantly have to be careful.

If the subject of inquiry is aware of the tracking, then this may amount to harassment under the Prevention of Harassment Act 1997. There is a case at the Royal Courts of Justice where a private investigator is being sued under this act for the use of trackers. In December 2011, a Claim was brought against Richmond Day & Wilson Limited (First Defendant) and Bernard Matthews Limited (Second Defendant), Britain's leading Turkey Provider.

The case relates to the discovery of a tracking device found in August 2011 on a vehicle supposedly connected to Hillside Animal Sanctuary. [30]

Regulation of Investigatory Powers Act 2000

Property Interference: The Home Office published a document entitled "Covert Surveillance and Property Interference, Revised Code of Practice, Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000" [31] where it suggests in Chapter 7, page 61 that;

General basis for lawful activity

7. 1 Authorizations under section 5 of the 1994 Act or Part III of the 1997 Act should be sought wherever members of the intelligence services, the police, the services police, Serious and Organised Crime Agency (SOCA), Scottish Crime and Drug Enforcement Agency (SCDEA), HM Revenue and Customs (HMRC) or Office of Fair Trading (OFT), or persons acting on their behalf, conduct entry on, or interference with, property or with wireless telegraphy that would be otherwise unlawful.

7. 2 For the purposes of this chapter, "property interference" shall be taken to include entry on, or interference with, property or with wireless telegraphy.

Example: The use of a surveillance device for providing information about the location of a vehicle may involve some physical interference with that vehicle as well as subsequent directed surveillance activity. Such an operation could be authorized by a combined authorization for property interference (under Part III of the 1997 Act) and, where appropriate, directed surveillance (under the 2000 Act). In this case, the necessity and proportionality of the property interference element of the authorization would need to be considered by the appropriate authorizing officer separately to the necessity and proportionality of obtaining private information by means of the directed surveillance.

This can be interpreted to mean that placing a tracker on a vehicle without the consent of the owner is illegal unless you obtain authorization from the Surveillance Commissionaire under the RIPA 2000 laws. Since a member of the public cannot obtain such authorizations, it is therefore illegal property interference.

Another interpretation is that it is illegal to do so if you are acting under the instruction of a public authority and you do not obtain authorization. The legislation makes no mention of property interference for anyone else.

Currently, there is no legislation in place that deals with the deployment of trackers in a criminal sense except RIPA 2000 and that RIPA 2000 only applies to those agencies and persons mentioned in it.

Uses in marketing

In August 2010, Brazilian company Unilever ran an unusual promotion where GPS trackers were placed in boxes of Omo laundry detergent. Teams would then track consumers who purchased the boxes of detergent to their homes where they would be awarded a prize for their purchase. The company also launched a website (in Portuguese) to show the approximate location of the winners' homes. [32]

See also

Related Research Articles

<span class="mw-page-title-main">Privacy</span> Seclusion from unwanted attention

Privacy is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.

Location-based service (LBS) is a general term denoting software services which use geographic data and information to provide services or information to users. LBS can be used in a variety of contexts, such as health, indoor object search, entertainment, work, personal life, etc. Commonly used examples of location-based services include navigation software, social networking services, location-based advertising, and tracking systems. LBS can also include mobile commerce when taking the form of coupons or advertising directed at customers based on their current location. LBS also includes personalized weather services and even location-based games.

<span class="mw-page-title-main">Surveillance</span> Monitoring something for the purposes of influencing, protecting, or suppressing it

Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.

Tracking may refer to:

Automatic vehicle location is a means for automatically determining and transmitting the geographic location of a vehicle. This vehicle location data, from one or more vehicles, may then be collected by a vehicle tracking system to manage an overview of vehicle travel. As of 2017, GPS technology has reached the point of having the transmitting device be smaller than the size of a human thumb, able to run 6 months or more between battery charges, easy to communicate with smartphones — all for less than $20 USD.

Floating car data (FCD) in traffic engineering and management is typically timestamped geo-localization and speed data directly collected by moving vehicles, in contrast to traditional traffic data collected at a fixed location by a stationary device or observer. In a physical interpretation context, FCD provides a Lagrangian description of the vehicle movements whereas stationary devices provide an Eulerian description. The participating vehicle acts itself consequently as a moving sensor using an onboard GPS receiver or cellular phone. The most common and widespread use of FCD is to determine the traffic speed on the road network. Based on these data, traffic congestion can be identified, travel times can be calculated, and traffic reports can be rapidly generated. In contrast to stationary devices such as traffic cameras, number plate recognition systems, and induction loops embedded in the roadway, no additional hardware on the road network is necessary.

Personal data, also known as personal information or personally identifiable information (PII), is any information related to an identifiable person.

<span class="mw-page-title-main">Mobile phone tracking</span> Identifying the location of a mobile phone

Mobile phone tracking is a process for identifying the location of a mobile phone, whether stationary or moving. Localization may be affected by a number of technologies, such as the multilateration of radio signals between (several) cell towers of the network and the phone or by simply using GNSS. To locate a mobile phone using multilateration of mobile radio signals, the phone must emit at least the idle signal to contact nearby antenna towers and does not require an active call. The Global System for Mobile Communications (GSM) is based on the phone's signal strength to nearby antenna masts.

<span class="mw-page-title-main">Tracking system</span>

A tracking system, also known as a locating system, is used for the observing of persons or objects on the move and supplying a timely ordered sequence of location data for further processing.

<span class="mw-page-title-main">Traffic reporting</span> Communication of road conditions

Traffic reporting is the near real-time distribution of information about road conditions such as traffic congestion, detours, and traffic collisions. The reports help drivers anticipate and avoid traffic problems. Traffic reports, especially in cities, may also report on major delays to mass transit that does not necessarily involve roads. In addition to periodic broadcast reports, traffic information can be transmitted to GPS units, smartphones, and personal computers.

<span class="mw-page-title-main">GPS animal tracking</span> Scientific practice

GPS animal tracking is a process whereby biologists, scientific researchers, or conservation agencies can remotely observe relatively fine-scale movement or migratory patterns in a free-ranging wild animal using the Global Positioning System (GPS) and optional environmental sensors or automated data-retrieval technologies such as Argos satellite uplink, mobile data telephony or GPRS and a range of analytical software tools.

Global Navigation Satellite System (GNSS) receivers, using the GPS, GLONASS, Galileo or BeiDou system, are used in many applications. The first systems were developed in the 20th century, mainly to help military personnel find their way, but location awareness soon found many civilian applications.

<span class="mw-page-title-main">Satellite navigation device</span> Device that can calculate its geographical position based on satellite information

A satellite navigation device, satnav device or satellite navigation receiver is a user equipment that uses one or more of several global navigation satellite systems (GNSS) to calculate the device's geographical position and provide navigational advice. Depending on the software used, the satnav device may display the position on a map, as geographic coordinates, or may offer routing directions.

Asset tracking refers to the method of tracking physical assets, either by scanning barcode labels attached to the assets or by using tags using GPS, BLE, LoRa, or RFID which broadcast their location. These technologies can also be used for indoor tracking of persons wearing a tag.

A vehicle tracking system combines the use of automatic vehicle location in individual vehicles with software that collects these fleet data for a comprehensive picture of vehicle locations. Modern vehicle tracking systems commonly use GPS or GLONASS technology for locating the vehicle, but other types of automatic vehicle location technology can also be used. Vehicle information can be viewed on electronic maps via the Internet or specialized software. Urban public transit authorities are an increasingly common user of vehicle tracking systems, particularly in large cities.

Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term stalking is used with some differing definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for a criminal offense.

United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.

The Geolocation Privacy and Surveillance Act was a bill introduced in the U.S. Congress in 2011 that attempted to limit government surveillance using geolocation information such as signals from GPS systems in mobile devices. The bill was sponsored by Sen. Ron Wyden and Rep. Jason Chaffetz. Since its initial proposal in June 2011, the GPS Act awaits consideration by the Senate Judiciary Committee as well as the House.

<i>United States v. Graham</i>

United States v. Graham, 846 F. Supp. 2d 384, was a Maryland District Court case in which the Court held that historical cell site location data is not protected by the Fourth Amendment. Reacting to the precedent established by the recent Supreme Court case United States v. Jones in conjunction with the application of the third party doctrine, Judge Richard D. Bennett found that "information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection" because that information no longer belongs to the consumer, but rather to the telecommunications company that handles the transmissions records. The historical cell site location data is then not subject to the privacy protections afforded by the Fourth Amendment standard of probable cause, but rather to the Stored Communications Act, which governs the voluntary or compelled disclosure of stored electronic communications records.

Carpenter v. United States, 585 U.S. 296 (2018), is a landmark United States Supreme Court case concerning the privacy of historical cell site location information (CSLI). The Court held that the government violates the Fourth Amendment to the United States Constitution when it accesses historical CSLI records containing the physical locations of cellphones without a search warrant.

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