Introduction to Phone Hacking
As the world becomes increasingly technology-driven, the security and privacy of personal data and communications have come under threat from new and sophisticated methods of interception. One such method is phone hacking. In its simplest terms, phone hacking involves gaining unauthorized access to an individual’s telephone line or message service to eavesdrop on conversations or voicemail messages. The consequences can range from irritations and minor disruptions to serious violations of privacy, identity theft, and financial fraud.
Although the concept of phone tapping—listening in on conversations via a landline—has been around for decades, modern phone hacking now incorporates a broad spectrum of approaches. From breaking into voicemail boxes to intercepting mobile phone conversations, hackers can use various techniques to access sensitive information and communications. For many, the idea of being spied on through their smartphones or landlines may seem far-fetched, but intrusion is neither as complicated nor as impossible as one may think .
If recent headlines have highlighted anything, it is that phone hacking is currently a well-practiced and far-reaching reality. Threat agents, whether they be governments, corporations, or organized criminal gangs, have become increasingly adept at adopting new technologies to support their insatiable appetite for information. Among the most notable instances of large-scale phone hacking were the phone-hack networks that were later uncovered in investigations into the now infamous News Corp newspaper scandal in the UK. The leaked voicemail messages of thousands of high-profile individuals not only brought the UK media industry under intense scrutiny but also alerted the world to the fact that what many had long considered the stuff of fantasy TV dramas was a real and pressing issue.
But what does phone hacking really look like? who uses it? and how can the average daily user of modern technology hope to beat those intent on breaking through the barriers of security and privacy?
Major Phone Hacking Laws Worldwide
When it comes to phone hacking and privacy, different countries have opted for different approaches to address what has become a very serious and widespread global issue.
In the United Kingdom, laws governing the publication of private information includes the common law tort of misuse of private information, which offers significant protection in regards to phone tapping and the publication of private information.
If a private number is published, then the person harmed by the invasion of privacy has an actionable claim. An actionable claim normally arises when three criteria have been met, namely:
- there must be a reasonable expectation of privacy;
- the publication of private information is considered highly offensive; and
- the public interest in publication is outweighed by the victim’s right to privacy.
In addition to the common law, the UK has some statutory protection against phone hacking that is provided by the European Convention on Human Rights and the Human Rights Act 1998. Lastly, the UK has some protection under the Data Protection Act 1998.
In South Africa, phone hacking may fall under the Prohibition of Electronic Communications and Communications Related Technology Act 2002. This legislation prohibits, among others, the interception and monitoring of communications and imposes heavy penalties on offenders. Basically, the interception of such communications is illegal unless prior formal authorization has been obtained from the telecoms service provider or the sender or recipient of the communication, or where the interception by the state is approved in certain situations for the purpose of national security.
Much stricter privacy laws were enacted in Australia in 2014, imposing severe fines on persons and corporations who share private information or suffer violations of their information technology. The enhanced privacy laws were enacted to safeguard personal details in the wake of cases such as the News of the World phone tapping scandal in 2011.
In the USA, federal law imposes some limits on the interception of telephonic communications. Moreover, the Telephone Records and Privacy Act ensures that third parties obtain permission from the sender or the recipient of the communication before they may access those records.
It is clear that most jurisdictions currently attempt to prohibit the interception of telephone calls and the recording thereof without proper warrants or permissions, the extent of these protections largely depending on the region’s political, economic and social climate. However, since technology develops very quickly, more specific and stricter legislative measures will probably be introduced within the next few decades to protect people more robustly against this invasion of privacy.
Effect of Phone Hacking on Privacy Rights
Intrusions into individuals’ private lives always have been prohibited. In the past, however, invasions of the home, personal property and the body were the primary means of causing that injury. Increasingly, in a digital age, legislators and activists have begun to protect the rights of privacy and personal autonomy through the prohibition of intrusions into private computer networks and telephone lines.
Phone hacking can take many forms: wiretapping, phone tapping, "phreaking," and using Trojan Horse software to gain illegal access to computers-to name a few. Regardless of the type of hacking, however, it represents an incursion upon a person’s right to privacy. In some states and jurisdictions, the law protects a person’s "reasonable expectation" of privacy in the home, in certain aspects of public persons of interest, and on the Internet. Accessing a person’s home without consent or a warrant is prohibited and generally regarded as an invasion into personal privacy. Invasions into one’s personal life also are prohibited by laws that prohibit attacks on specific electronics, such as software and cell phones.
Increasingly, state and federal legislatures have realized their need to intervene and prevent harm from such intrusions. When the technology is used to commit fraud or identity theft, the offense goes from an invasion of privacy to a criminal offense that can be punished by imprisonment. In turn, courts are beginning to punish specific types of such hacking, for example, violating the Federal Wiretap Act, the Electronic Communications Privacy Act and the Digital Millennium Copyright Act.
Making the Law Protect Against Phone Hacking
In the unfortunate event that you suspect your phone has been hacked, there are legal measures you can take to address the situation. Your first step should be to ensure your device is no longer compromised. This may involve running an updated antivirus or anti-malware scan on your phone, changing the passwords to your online accounts, and, if necessary, performing a factory reset to erase any malicious applications or programs present on your device.
Next, document any evidence of hacking. This includes taking screenshots, saving text messages or emails, and noting suspicious incoming and outgoing phone numbers. This information can be crucial in a legal claim and can help demonstrate the extent of the damage caused by the hack.
Once you have collected all pertinent information, you need to file a report with law enforcement. Many police departments have cybercrime units specifically trained to handle phone hacking cases and can guide you through the process. Be sure to keep a copy of the police report for your records and for any potential legal proceedings.
If you have suffered damages as a result of the hack, such as financial losses, reputational damage, or the compromise of sensitive data, you may have grounds for a lawsuit. Consult with an experienced attorney who specializes in phone hacking or privacy laws in your jurisdiction. They will be able to advise you on the best course of action and represent you in any legal proceedings.
It’s important to remember that laws surrounding mobile devices and hacking are still developing, and the extent to which you can seek compensation for a phone hack depends on the specific circumstances of your case. However, as technology continues to advance, you can expect courts to take a more active role in addressing these matters and providing appropriate remedies for victims of phone hacking.
Action You Can Take to Avoid Phone Hacking
Given the prevalence of phone hacking, it is important users institute measures to safeguard their privacy. The following measures are important to minimize the amount of data available to a hacker:
Change Your Passwords
Change your default password and make the new password a strong one with upper and lower case letters, numbers and symbols and at least six characters that are hard to guess. Change your passwords every few weeks on all smart phones. Change your voicemail PIN and vary its length. Do not leave your PIN as the default numbers, and make it something not easily associated with you, such as the month of birth of your first pet.
Install System and Application Updates
Install up-dates for your phone, including system updates and application updates. While it is likely other people in your network will not have done the same, you not only want to protect yourself but do not want to put others at risk. Like a computer, the makers of the telephone’s software issues periodic updates to fix known software vulnerabilities or bugs. Install these updates so that you have the most secure version of the software.
Beware of Applications
Avoid applications that seem too good to be true. These are typically the ones that will monitor your phone, give you quick updates on your performance, and send out group texts for you. What you see as a time saver may potentially allow hackers into your phone if you grant the program permission for access when you download the app. Do not allow any application access to your text messages, e-mails, photos or contacts unless you are completely comfortable with that information being sent to a remote server .
Beware of Phishing Scams
Never use your phone to open e-mail. If you have virus protection on your laptop or tablet, get the same for your smart phone. Be mindful of calls from unknown numbers or numbers with a local area code. Many a unwary user has picked up a phone call from an unknown number only to find a recorded voice telling them there was a problem with their credit card, cell phone, or debit card that requires immediate verification from them. The phone will then ask you to enter the number of your card or other personal information in order to verify. Often these scams spoof local numbers or numbers which appear to be coming from the service provider to trick you into believing you have to comply. Often when the scam works, thousands of people have their accounts accessed, emptied and left in the dark without funds. You find many stories of this in the press when hackers are able to break into the communication systems of large companies and expose employees or customers, and sometimes both. Often breaking into the phone systems of large companies often involves calling a known phone number (from a television commercial or another advertisement) with the intention of saying something embarrassing to the worker who answers the call to coax them into giving the caller private information. If you should receive such a call (be it pre-recorded or coming from an in-person caller), alert the company immediately and do not give them any information. Often if the company is large enough they will scour the internet for you and other victims.
Notable Phone Hacking Cases
Some high-profile phone hacking cases have highlighted the need for robust laws and enforcement against such violations. One such case is the News of the World phone hacking scandal in the UK. Journalists from the News of the World, a now-defunct tabloid newspaper, were found to have used illegal means to obtain information from private phone calls and messages. This scandal led to several high-profile prosecutions and widespread condemnation of the news industry in the UK. The scandal also led to significant legal reforms in the country. In 2011, the Leveson Inquiry was established to investigate the culture, practices, and ethics of the press in the UK. The inquiry recommended a new regulatory framework for the press, but the implementation of these recommendations has faced political pushback. Another high-profile case is US politician Sarah Palin’s Napster phone hacking allegations. In 2008, hackers gained unauthorized access to Palin’s personal emails, including her Yahoo! email account from her home computer. This incident raised questions about the security of public officials’ private communications and led to further discussions about the need for stronger laws against phone hacking. These cases serve as examples of how phone hacking can have serious consequences, both for the victims and the perpetrators. They also highlight the need for individuals to take steps to protect their phone privacy, by being aware of the legal limits of phone hacking and taking steps to secure their personal information.
Future Trends for Phone Hacking Laws
The future of phone hacking legislation will be shaped by the rapid advancement of technology and the concomitant risks that this poses. As hackers develop new techniques to breach security measures, lawmakers are likely to respond with more stringent regulations. This cycle has been ongoing for decades and is expected to continue as hackers devise increasingly innovative ways to exploit vulnerabilities.
Another factor that will influence the evolution of phone hacking laws is the continued interplay between state, federal, and international jurisdictions. With technological advancements enabling instantaneous communication across the globe, international hackers can easily target individuals or organizations in other countries. While countries like the United States have been at the forefront of phone hacking legislation, other nations have lagged behind. The slow pace of legislative reform in some regions can give invaders an opportunity to exploit the loopholes in those areas. Meanwhile , international cooperative efforts between law enforcement agencies and information sharing agreements are still in the beginning stages.
Privacy advocates, however, will continue to urge for swift legislative reform. For every new regulation that is passed, a loophole may quickly develop, allowing hackers to gain access to sensitive information. For this reason, advocates argue that technology companies need to maintain a robust and dynamic relationship with regulators to ensure that privacy standards keep up with the evolving technology landscape. This is particularly true in the context of social media. Ultimately, as privacy becomes more important to consumers, and as foreign interference in domestic affairs remains a global problem, legislators are likely to continue to adapt phone hacking laws to meet new challenges.