locating via GSM, revisited (legal issues?)

[andrzej zaborowski]

On 22/04/2008, Harald Welte <laforge at openmoko.org> wrote:
> On Tue, Apr 22, 2008 at 06:35:28PM +0800, joerg at openmoko.org wrote:
>  > Am Di  22. April 2008 schrieb Harald Welte:
>  > > On Mon, Apr 21, 2008 at 05:59:29PM +0800, joerg at openmoko.org wrote:
>  > > > Am Mo  21. April 2008 schrieb Werner Almesberger:
>  > > > > joerg at openmoko.org wrote:
>  > > > > > For many countries there are ageold databases created by hobbyists
>  > doing
>  > > > > > antenna-spotting. In Germany, carrier O2 sends quite exact
>  > Gauss-Krueger
>  > > > > > coordinates on CBC 221 for each of his stations.
>  > > > >
>  > > > > Okay, that's good. So we can have a comprehensive geographical database
>  > > > > we can put our "GSM n-space" in relation to. (Although no motivation
>  > > > > was ever stated, I'm assuming here that the goal of the whole exercise
>  > > > > is to avoid using GPS. Thus we can't correlate vectors we measure in
>  > > > > GSM n-space to 2D or 3D real-world vectors we measure with GPS.)
>  > > > >
>  > > > > Is there something like openstreetmap with these antenna locations or
>  > > > > does one have to hunt and gather from scattered repositories ?
>  > > >
>  > > > Dunno...
>  > >
>  > > At least in Germany the location of the cellular towers (especially
>  > > combined with the information if they're GPRS, EDGE, UMTS or HSDPA) is
>  > > considered a trade secret by the operator.
>  >
>  > Quite obviously not for O2! They at least send Gauss-Krueger for every of
>  > their BTS, and you may receive this with any simple cellphone. So which kinda
>  > secret is this then?
>
>  the point is not what kind of actual secret it is.  The point is that
>  you are working in a licensed radio band. licensed to the operator.  The
>  operator can send data on this band all day long, unencrypted.  As long
>  as you have no permission by the operator, you may not legally use that
>  data!

I assume that applies also to the data you can capture without
registering to any network (i.e. the neighbouring cells list),
possibly using a simple receiver on GSM frequency (rather than a full
modem), just because it is licensed?  Honestly I always thought radio
band licenses only applied to people wanting to emit signal.

>
>  > As long as you can legally acquire the info (you also might use a map and a
>  > photocamera with tagging), and it's not offensive nor copyrighted or mere
>  > false, you very usually may publish it whereever and in any amount you like.
>
>  the problem is that there is no legal way to acquire that information
>  unless you have explicit permission by the operator to use it.
>
>  > For *sure* we will get away with fingerprinting like it's done with wifi
>  > positioning.
>
>  no, wifi operates in unlicensed band and thus has a different world.
>
>  There really is no point about arguing this.  I have been active at the
>  brink of law and IT for a number of years now, and I state that I
>  believe there is a problem.
>
>  I also believe that OpenMoko, Inc. should investigate this field
>  legally, possibly by having legal experts in the most important
>  jurisdictions of the target market look into the respective situation
>  with regard to their local laws.

I think OpenMoko Inc. should simply not ship any BTS positions
database. OpenMoko, Inc. included a GPS in the device for the purpose
of geolocation and that's much more effective than a team of legal
experts.

However the users can probably take the risk.

Regards
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