WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT
Virtual Private Networks [VPN] act in a similar way to proxy servers by changing the
IP address from that of the actual sender to one provided by the VPN. In the past, VPNs
were primarily used by companies to allow their employees to access resources on the
company’s network remotely. Increasingly, VPNs are used by individuals to protect
their privacy and security online. Unlike proxy servers, VPNs also provide secure
communications through encryption. Multi-hop VPNs offer significantly higher
degrees of privacy and anonymity online as they route traffic through two or more
VPNs.
Multipath TCP is an example of an emerging technology likely to have implications
for IP matching. Most mobile devices can access the internet through both WiFi and a
mobile phone data connection, utilising one or the other at one time. Technologies such
as Multipath TCP will enable the splitting of traffic between these two methods of
access, increasing the number of requests that will have to be made for communications
data and making the IP matching process more complex.
Mobile Edge Computing is also likely to diminish the quantity of data entering the
central network. It brings content closer to the user by moving it from the central
network to the edge of networks. The benefits are faster delivery and better quality for
the user, for example, less buffering. However, this is likely to mean fewer
communications entering the core network and so lesser volumes of data available for
collection.
Nomadic wireless technology provides devices with access to an internet connection
within a limited area: for example, the localised WiFi Access Points offered by coffee
shops in order to encourage custom. Users are transient and access to the internet by a
device can only be traced to a timeslot in the specified premises. If the device connects
to the internet elsewhere an identifier called a MAC address will recur, however it is
possible to change MAC addresses.
The internet provides opportunities for undetected communications:
(a) Anyone can set up an email address or social networking profile using a
pseudonym.
(b) Criminal gangs can use gaming consoles to communicate.
(c) Opportunities for covert communications via the internet include the use of
internet cafes and hidden web pages (...).
(d) Encryption software, discussed in more detail below, can be used to hide the
content of communications.
(e) An instant messaging service called Wickr allows users to send encrypted and
self-destructing messages.”
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