Tacit Consent and Technological Advancement
This paper identifies two technologies: Spark Nano for cars tracking and Google map GPS cell phone tracker for mobile phones, and explains the manner in which law enforcement can use each one of them to apprehend criminals. Modern developments in technology have improved the possibility of locating the position of anything, be it a person, a vehicle, an electronic device and many others. Global Positioning System is an efficient tracking technique of working to establish the geographical of anything (Bazzell, 2014). The U.S. Department of Defense (DOD) is the main body that funds and controls GPS because of the effectiveness and convenience it provides.
Though it can, also, be used to view geographic location on smart phone, Spark Nano is a tracking technology that most companies prefer mounting on cars. It is useful in the sense that it provides instant location and speed alerts through email or text. It is a powerful and portable tool that can be used anywhere. Besides, it comes with free activation and no contract at all. It is also significant to note that this device functions on motion activation only and its battery charge level can be read online in order to allow room for decision making (Benson, 2010). The law enforcement can use Spark Nano to apprehend criminals by ensuring that it is mounted on every manufactured or imported vehicle. Having every vehicle mounted with a functional tracking device is significant for reducing the numbers criminal who use vehicles to commit crimes in various locations. Google map GPS cell phone tracker has an exceptional responsive design that uses twitter bootstraps. This technology includes clients for Windows Phone, Android, Java Me/J2ME and IOS cell phones (Benson, 2010). This technology allows for periodic tracking of cell phones. By fitting this technology on every mobile device, it can become easy for law enforcement to utilize it to apprehend criminals. This is because criminals coordinate most of their operations through phone calls, which can easily be tracked in order to locate the criminals.
These two technologies: Spark Nano and Google map GPS cell phone tracker; however, have strict privacy issues associated with them. Having these tracking devices mounted on every vehicle and phone raises a lot of issues. This is because almost all individuals whenever they move about to conduct their activities: be it in private or public spaces prefer never to be tracked at all. This expectation; however, has been facing challenges due to the fact that cell phones as well as other modern electronic devices have programs that enable them gather and store information throughout the entire day. As provided by the fourth amendment of the U.S. constitution, “The right of the people to be secure in their persons, house, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon cause, supported by oath or affirmation, and particularly describing the place to searched and the persons things to be seized” (Witkin, 2014).
Tacit consent is applicable to all types of applications including use of internet and mobile phone technologies. Individuals may use mobile phones and internet to store personal information and only share it with the people they know. According to Witkin (2014); however, there are four exemptions such as animal welfare, public health, public safety or the environmental such as environmental permits and pet shop licenses where Tacit Consent does not apply. Personal information, as specified in Section 2(1) of the Personal Information Protection and Electronic Documents Act of 2000, implies information regarding an identifiable person exclusive of the name, business address, or employee’s title (Bazzell, 2014). Personal information can be constituted by an opinion, body sample, retina print, or finger print.
Bazzell, M. (2014). Hiding from the internet: eliminating personal online information. New York: CreateSpace Independent Publishing Platform.
Benson, E. (2010). Wired wilderness: technologies of tracking and making of modern wildlife (animals, history, and culture). New York: John Hopkins University Press.
Witkin, D. (2014). The doctrine of Tacit Consent: how the American people are enslaved through silence. New York: David Witkin.
Dr.V.V.L.N. Sastry is a Researcher in Criminal Justice Walden University, U.S.A