Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 31 tise in rapidly changing technologies and the impact on privacy when used by law enforcement. "Maybe there is a role for a new specialized watchdog," he says. Anoth- er possibility is for government to appoint an individual to conduct an external and independent review of new technologies and come up with guidelines. "It could be binding or it could be advisory," he says. "I think police leadership recognize the need for some limits. We have to be vigilant about the implications of these technolo- gies," Loukidelis adds. According to Moon, the existing level of court oversight can be cause for concern. "Police can fax in a request at night and get a fax back with approval minutes later," he says. As well, Moon notes that he has previ- ously seen production order documents for tower dumps where the time stamps from the fax machine suggested a justice of the peace gave approval before there would have been enough time to read all the mate- rials submitted by police. The technique is often not reliable in determining where the phone of a sus- pect was being used, says Moon. "I have had cases where the guy is alleged to be in Toronto and the tower says he is in metadata – This is what is referred to as data about data. In the case of a smart- phone, it can include call location, time and length of calls, recipient of the com- munications and identity of service provid- ers. For online use, it includes browsing and social media usage. international mobile subscriber identity- catchers – They are referred to as "cell-site simulators" or by brand names such as Stingray. They impersonate actual cellphone towers and convince mobile devices to connect to them and send infor- mation that would normally be transmitted to their service provider. Digital identifiers of every phone in the area, including those used in private residences, can potentially be captured and without the knowledge of a service provider. Instead of passively receiving data, they actively cause mobile devices to identify themselves. kingfish – A portable surveillance transceiver that can track and mine infor- mation from mobile devices in a targeted area. Often described as a cheaper ver- sion of a Stingray, it has fewer capabilities, but it can be controlled wirelessly from a laptop. It can also be concealed in a back- pack or briefcase. Its lower price of about US$30,000 has made it popular with law enforcement and government agencies in that country. tower dump – A production order that police in Canada can obtain from a justice of the peace, requiring service providers to turn over all records of cel- lular traffic at a particular cell tower over a specified time period. The information can include names and addresses of sub- scribers, location, numbers they called and duration of any call. It may also require credit card information to be turned over. A single cell tower can serve an area with a two-kilometre radius in a city or 10 to 25 kilometres in a rural area. data collection devices and techniques Most family law cases settle without a trial. Learn the settlement techniques used by leading experts. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Order # 988050-65203 $109 Softcover approx. 280 pages August 2017 978-0-7798-8050-8 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Understand the techniques used by leading practitioners, judges, and mediators – all with decades of experience in settling family law cases. You'll find hundreds of practical tips on everything from choosing the right dispute resolution process and negotiating settlement to creating cooperative parenting plans and using the collaborative process. Learn how to deal with difficult clients, lawyers, and self-represented parties, and how to overcome impasse. Get step-by-step guidance on alternative dispute resolution methods such as mediation, collaborative practice, and parenting coordination. Find the expert advice and 360-degree perspective that will allow you to settle your case more effectively. New Publication Settling Family Law Cases: Practical Techniques for Advocates and Neutrals Lorne H. Wolfson, LL.B., LL.M. © 2017 Thomson Reuters Canada Limited 00246IU-A88487-NP

• Cover