A small hole appears at the top of the phone; a red light flashes briefly on a button of a toy; the legs of glasses are thicker than usual… Who would have thought that these could hide cameras, conducting illegal surveillance.
Recently, a reporter from the Legal Daily discovered that the sale and modification of micro-cameras and pinhole cameras are particularly common on online shopping platforms, especially in private chat software. As long as customers confirm their needs and pay a deposit, sellers can send surveillance equipment or modified complete surveillance products to customers via express delivery.
In recent times, incidents of illegal surveillance have occurred one after another. Many of these privacy invasions often use surveillance equipment. How to sever the sales and modification chain of surveillance equipment has become a focal point of public concern.
Illustration: Gao Yue
Many items conceal surveillance equipment that can be easily purchased
In a restroom of an office building, a middle-aged man holds a phone, searching for shooting positions: behind the toilet, around the storage shelves… He then sends the images captured from various positions to a surveillance group chat.
Group members discuss where to place the equipment most inconspicuously and least likely to be discovered: “The ceiling is best; just make a small opening in the panel, it’s not too obvious”; “Use black tape to secure it to a sharp corner”…
Subsequently, the middle-aged man sends images of his surveillance equipment to the group for suggestions.
The reporter browsed the images and saw that one of the surveillance devices was a round camera slightly smaller than a thumbnail, with a flat wire at the back and a square module at the end featuring various symbols: a camera icon, a battery icon, etc.
Not long after, another photo was uploaded to the group, showing a bird’s-eye view of a hotel double bed. Immediately, a group member asked: “How to operate surveillance in a hotel? I want to do it too.” Another group member replied that pinhole cameras for hotel surveillance can be bought online or made at home, and the threshold is not high. This group member also provided specific operational details and precautions.
This surveillance group chat was established on a certain private chat software, and the reporter found the group through keyword searches.
The reporter “undercover” in the group observed for several days and found that group members frequently discussed the purchase, modification, and use of surveillance equipment.
One group member revealed that the simplest surveillance equipment is very cheap, “There are portable cameras the size of a lighter, costing just over a hundred yuan, but the quality is poor; you get what you pay for.”
In this chat software, there are also sellers of surveillance equipment posting related information. The reporter contacted one of the sellers, who provided multiple product sample images, including Bluetooth speakers, ashtrays, sneakers, and shampoo bottles. These seemingly ordinary items actually conceal micro-cameras.
The reporter noted one pair of black glasses: black frame, thicker legs, and a wide bridge.
The seller explained that the design of these glasses is specifically to conceal a micro-camera, and the black appearance also helps to hide the opening.
“All modified items embedded with pinhole cameras are uniformly priced at 1000 yuan,” the seller said. These modified items do not show any significant changes in appearance; for example, a black briefcase just has a small hole, and a charger only has a small round reflective hole.
The reporter found that these surveillance devices are not only sold on private chat software but can also be found on online shopping platforms, but directly entering keywords like “pinhole camera” or “concealed camera” does not yield results. However, searching with other keywords brings up many surveillance devices.
For instance, on a certain shopping platform, when the reporter searched for “law enforcement recorder,” one modified “law enforcement recorder” appeared as a surveillance device, with descriptions like “does not light up during shooting,” starting at 30 yuan, featuring recording and video functions, and resembling a voice recorder in shape and size.
On this shopping platform, the reporter clicked on a “wireless monitor,” with the product promotion stating “no network, no electricity, 4K ultra-clear picture quality, ultra-clear night vision.” Many users in the comments section shared their shopping experiences, stating, “Good concealment, works silently and without light.”
Some buyers posted images praising the product, showing a button-shaped camera sewn into a plush toy. If not closely examined, it is difficult to distinguish which is the button and which is the camera. The reporter reviewed comments and found that many users purchased this camera specifically for its concealment.
Mobile phones modified into surveillance devices can have surveillance functions added via software
The reporter discovered during the investigation that some items, once modified, become surveillance devices, with mobile phones being the most commonly modified.
While “undercover” in a surveillance group, the reporter saw a demonstration video of a modified phone conducting surveillance. Compared to a normal phone, the phone in the video had a slightly wider black border on one side of the front screen, the body was a bit longer, and it was encased in a black shell.
The reporter found sellers of modified phone cameras on the chat software. The seller sent a price list detailing different phone models, configurations, modification plans, and prices. Even for the same phone model, different modification plans could result in price differences of several hundred yuan.
The mobile phone modification seller explained that due to the different designs and structures of various brands of phones, not all models can be modified; otherwise, it may affect the shooting effect. Currently, most models on the market can be modified, with modification costs generally around 2000 yuan.
According to an article published by an information technology company, to modify a phone into a surveillance device, the internal layout of the phone must be reasonable, with enough space at the top to install the camera.
In the price list provided by the mobile phone modification seller, various modification plans were listed, including “bottom speaker hole,” “top opening,” “modifying the bottom or ear hole,” and “side pinhole.” “The 4K version will thicken the phone case,” the seller reminded.
When the reporter inquired about how to conduct transactions, the seller said: “Once you confirm the model, pay me a 200 yuan deposit, then provide your shipping address, and I will send it out. Once you receive the item and everything is fine, you can pay the remaining balance.”
The reporter saw from the transaction screenshots provided by the seller that the shipping locations were in Jiangsu Province and Chongqing City. In response, the seller explained: “I have several studios and will ship from different places for safety.”
“After receiving the item, ask me for the lock screen software.” In the chat records between the seller and other customers, the reporter saw this sentence. Upon inquiry, it was learned that after receiving the modified phone sent by the seller, the seller would provide surveillance software for free, allowing surveillance to be conducted while the phone is in lock screen mode.
“The top opening for surveillance allows the surveillant to complete the act without raising the phone, a position that is generally undetectable by others,” a netizen commented.
The reporter found that some mobile phone applications can also add surveillance functions, with extremely high concealment.
In a demonstration video by a blogger on a certain platform, the phone screen displayed a browser search interface. When the blogger swiped left, the screen gradually transitioned into camera mode, and swiping right immediately restored the browser view. Moreover, in the settings interface of this software, there are auxiliary functions like “camera transparency” and “continuous shooting interval.”
In “continuous shooting” mode, the camera automatically takes a photo every 10 seconds, and even when swiped to the browser search interface, the camera continues to operate. Furthermore, these captured photos are stored in a separate album within the browser, leaving no trace in the phone’s built-in gallery.
The blogger mentioned that there are many similar surveillance software available. She casually opened a calculator app on her phone, operated it a few times, and the calculator function worked normally, “but as long as I input the set password, I can enter camera mode.”
Mobile phone manufacturers should optimize designs to control related devices from the source
Regarding the illegal production and sale of listening and surveillance equipment, China’s criminal law has already included it in the scope of punishment, and those involved will bear criminal responsibility. In judicial practice, many courts have already ruled on several criminal cases involving the illegal production and sale of surveillance equipment.
Qin Ketiang, deputy director of the Information Network and High-Tech Legal Affairs Department of Beijing Yingke (Changzhou) Law Firm, explained that “illegal production and sale” refers to the act of producing and selling listening and surveillance equipment without approval or permission from relevant authorities, which violates national regulations and disrupts the management of specialized equipment by the state. The flow of specialized equipment into society may seriously infringe on personal privacy and corporate trade secrets, and in severe cases, may endanger national security and interests.
It is worth noting that currently, there are various devices used for surveillance, especially modified phones and other devices that enable surveillance functions, which are no longer just traditional micro-cameras or pinhole cameras. Can current legal regulations effectively manage this?
Zhou Junli, a senior partner at Beijing Zhongyin Law Firm, believes that this needs to be analyzed based on specific circumstances. If the modified device is identified as a specialized listening or surveillance device, it may be suspected of producing such devices illegally.
In Qin Ketiang’s view, modifying phones, “law enforcement recorders,” household items, and devices to have surveillance functions is clearly aimed at illegally obtaining others’ privacy. Therefore, modifying phones and other devices for surveillance constitutes a violation of others’ privacy.
So, how should this issue be addressed?
Zhu Wei, deputy director of the Communication Law Research Center at China University of Political Science and Law, believes that both “upstream” and “downstream” should be addressed simultaneously. Strictly crack down on the “upstream” modification of surveillance equipment, while also synchronously targeting the “downstream” surveillance groups and sales groups. Online platforms should actively fulfill their responsibilities at all stages.
“Regulatory authorities should also strengthen post-event supervision, tracing back through the surveillance equipment chain after incidents occur,” Zhu Wei suggested.
Xing Hongfei, a police officer from the Cybersecurity Division of the Public Security Bureau of Xiangyang City, Hubei Province, stated that the production and sale of surveillance equipment is highly profitable, and regulatory authorities must strengthen enforcement efforts, conducting strict inspections and supervision of manufacturers producing and selling surveillance equipment to curb the production and sale of “surveillance devices” from the source.
Law enforcement agencies should enforce the law strictly and increase efforts to combat illegal production and sale of specialized surveillance equipment.
How should mobile manufacturers and software application providers respond to the issue of modified phones or installed surveillance software?
Zhou Junli suggests that mobile manufacturers should enhance the optimization of internal structures and external designs of phones, minimizing the space and opportunities for modifiers, and improving the anti-disassembly performance of phones. They should also strengthen the security protection of phone systems, promptly fixing any potential vulnerabilities and backdoors to prevent surveillance software from exploiting system vulnerabilities to gain camera permissions and data. Application providers should enhance the protection of user privacy data, prohibiting unauthorized collection, use, transmission, or disclosure of users’ camera data. Once discovered, immediate cessation and handling should occur. Strengthening the review and management of application markets, strictly prohibiting the release and download of any software involving surveillance functions, and promptly removing and handling any discovered violations.
Rao Wei, deputy director of the Consumer Rights Professional Committee of the Beijing Lawyers Association, calls for mobile manufacturers and software application providers to conduct legality and security reviews of the applications they develop and provide, in accordance with the Cybersecurity Law, Data Security Law, and other laws and regulations.
Qin Ketiang also suggests establishing a reporting feedback mechanism to encourage users to report modified phones or those equipped with surveillance software. This way, timely understanding and measures can be taken to prevent the spread of surveillance software. Proactively monitoring the market for modified phones and collaborating with relevant government departments, law enforcement agencies, and industry associations to jointly combat the manufacture and dissemination of modified phones and surveillance software.
“It is recommended that application providers establish strict application review and screening mechanisms to prevent surveillance software from being uploaded to app stores. By enhancing review and supervision, promptly discovering and banning applications with surveillance functions, user privacy security can be protected,” Qin Ketiang said. Application providers should require developers to update their applications in a timely manner and ensure that they do not contain any content that violates privacy rights or improper functions.
Zhang Yanxia, a senior partner at Beijing Jingshi Law Firm, suggests that a comprehensive approach should be taken to sever the surveillance industry chain from the front end, middle end, and back end. At the front end, strictly control the production and sale of specialized monitoring equipment, implementing a special equipment production licensing system to prevent tools from being misused from the source; at the middle end, efforts should be made to mitigate surveillance risks, with managers of places involving personal privacy, such as hotels and fitting rooms, strengthening their responsibilities. If consumers are surveilled, hotels should bear legal and joint liability; at the back end, strict penalties should be imposed on surveillance and dissemination behaviors, and relevant laws and regulations should be improved at the national level as soon as possible. Those managing websites that disseminate surveillance materials and social media accounts sharing videos should be convicted and punished according to the crimes of disseminating obscene materials, infringing on citizens’ personal information, and illegally using information networks, forming a deterrent.
Source: Legal Daily
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