SMS spying ‘on way’ despite wire-tapping fears
Distributors for new software that allows parents to spy on their children's text messages say they are still hopeful, as they try to get approval for their product.
The software, which allows parents to see every text message their child sends and receives, was due to be on sale in August, but the earliest it will now be available is early next year.
Civil libertarians and technology experts have deep concerns about the privacy implications of the product.
Device Connections is the Australian agent for the US software and its managing director, Geoff Sondergeld, says that since its introduction in America it has caught a number of paedophiles.
'It's been very successful in both a law enforcement point of view as well as a consumer point of view," he said.
"Since March 2008, which was the initial trial, using the product the guys in the US have convicted 171 paedophiles."
Mr Sondergeld held talks yesterday with Federal Communications Minister Stephen Conroy and said the Minister was enthusiastic about the product.
"Cyber safety and the overall cyber safety plan that the Federal Government has is obviously a key component of Mr Conroy's portfolio," he said.
New South Wales Nationals Senator John Williams is also a supporter of the software, called My Mobile Watchdog.
"I'm a dad of three - my children have grown up, the oldest is 20 years old - but we want the best for our children," he said.
"We don't want people out in our society that are not going to be good for our children, people who are going to send them pictures or emails or access to pornography.
"We don't want our kids being subject to that and when parents are paying the phone bill for the minor, they have a right to lay down the rules."
Legal concerns
Mr Sondergeld says his company is ensuring the software does not impinge on any communications or privacy laws.
"All the parties involved are fully aware that the product is being monitored, so the child receives an alert every 24 hours to say that the phone is being monitored," he said.
"In terms of the Privacy Act and and the Telecommunications Act, we've held discussions with the Privacy Commission as well as the Attorney-General's department so they're fully aware of the product and their applicability to those pieces of legislation."
He says that while nothing is confirmed yet, he anticipates that the product will be available in Australia by early next year.
But Geordie Guy from Electronic Frontiers Australia has told ABC Radio's PM program that the software may contravene current Australian law.
"We have in Australia the Telecommunications Interception Amendment Act, which basically points out that this is wire-tapping," he said.
"While it's difficult to imagine that the police would take a complaint from a 12-year-old child seriously, if they rang up and said 'you need to do something about my parents tapping my phone' the act is quite clear that that is what it is, it's section 7 of the Act."
Mr Guy says both parents and the software distribution company could be considered in breach of the law.
"Theoretically it would be up to a judge, but the parents would be at risk of breaking the law.
"Also the company which sells the devices may find that they are in breach of section 7C of the Act, which makes it an offence to enable someone to wire tap without a warrant."
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