Both police and service providers had long resisted releasing details on the scope of mobile surveillance. But the new disclosures from mobile companies in the US still leave a slew of unanswered questions
In response to a congressional inquiry, mobile phone companies on Monday finally disclosed just how many times they’ve handed over users’ cellphone data to the FBI and other law enforcement agencies. By the New York Times’ count, cellphone companies responded to 1.3 million demands for subscribers’ information last year from law enforcement. Many of the records, such as location data, don’t require search warrants or much court oversight.
Both police and cell service providers had long resisted releasing details on the scope of cellphone surveillance. But the new disclosures from cellphone companies still leave a slew of unanswered questions. Here’s what we have yet to learn.
So more than a million people had their cellphone records picked up law enforcement surveillance?
Actually, it’s probably far more than that, but we can’t know for sure.
While the Times calculated the number of overall requests from law enforcement, each of those requests could cover more than one person.
For instance, when seeking location information, law enforcement agencies frequently ask for “tower dumps,” which list every phone in range of a cell tower at a particular time. In cities, where cell towers are located close together, it is possible that the locations of thousands of people might be swept up in a single request.
Even outside of urban areas, ubiquitous small boxes known as microcells, which help you get cell reception in crowded places like shopping malls, also record highly precise location data. Sprint noted in its letter to Congress that each subpoena it received “typically” asked for information on multiple subscribers.
The Times’ calculation also doesn’t include specifics from T-Mobile, one of the four largest carriers, because it refused to provide them, saying “T-Mobile does not disclose the number of requests we receive from law enforcement annually.”
When do police have the right to snoop on your location data?
The law isn’t settled yet, but location information is generally far easier for police to get than a warrant for a wiretap.
A warrant is generally required for police to place a wiretap or track phones in real time, meaning police must have proof they have probable cause that the search will reveal evidence of a crime. But for police to get location data, many courts hold that police need only show that the data would contain “specific and articulable facts” related to a case.
Privacy activists have long held that requests for location data require a search warrant to be constitutional. They say police are essentially using cellphones as tracking devices. But the Supreme Court hasn’t ruled on the issue, and Congress has yet to pass a law addressing it.
Police obtain court orders for basic subscriber information so frequently that some mobile phone companies have established websites— here’s one— with forms that police can fill out in minutes.
The Obama Administration’s Department of Justice has said mobile phone users have “no reasonable expectation of privacy.”
For their part, cellphone companies have supported congressional efforts to make it tougher for police to get location records. An industry representative spoke at House hearing in favor of a bill that would require law enforcement agencies to obtain a warrant before demanding mobile phone users’ location information.
Exactly who are police tracking?
It’s unclear how connected to a criminal investigation you have to be for law enforcement agencies to request your cellphone information. Stephen Smith, a magistrate judge in southern Texas who has advocated for clearer standards for location data requests, said law enforcement authorities sometimes even request information for every mobile phone a suspect has called.
“If you call and order a pizza, they might request the delivery guy’s records,” Smith said.
These court orders are usually kept secret— during an ongoing investigation, police don’t want to tip off a suspect— but as a result, the vast majority of cellphone subscribers being tracked have no idea police or the FBI have their historical location information, whether they were suspected of a crime or not.
What sorts of investigations do the requests serve?
It’s not clear.
Police departments have frequently argued that requiring a warrant to obtain cellphone location information would cripple investigations into violent crimes like kidnapping. But it’s unknown what proportion of law enforcement requests actually relate to these types of serious crimes.
“If 80 percent are for drug cases or robberies and two percent are for child sexual predators, it would help if you could put a number on those things,” Smith said. “We’d be in a better position to legislate.”
So what data did police request the most?
That’s also unclear.
Most of the companies didn’t release an exact breakdown of police requests. So we don’t know how many of the requests were for location data and how many were for call records, billing information or other data.
Some of the overall numbers leave questions too. Sprint has about half the subscriber base of Verizon and AT&T. But it reported that it received about 500,000 requests overall from law enforcement last year. That far outpaces its competitors.
We spoke to Sprint spokeswoman Stephanie Vinge Walsh who said that Sprint counted each person whose data is sucked up via a police request. It’s not clear exactly how the other companies totaled the requests they handled.
Which agencies have been requesting the data?
Once again, we don’t know.
The cellphone companies didn’t say what proportion of requests was made by federal authorities and what proportion came from state and local police departments.
The American Civil Liberties Union earlier this year culled data from dozens of police departments, showing wide discrepancies in the ease with which police could obtain cellphone location data. Some police departments routinely obtained warrants; others requested swathes of records with far less court oversight. In response to a question from Congress about whether police had misused phone tracking, T-Mobile said it had identified two cases, which it referred to the FBI.
What does law enforcement do with the data after it’s collected?
It depends on who is requesting it.
As Smith, the Texas magistrate judge, pointed out in a recent paper, any information that’s not used as evidence in court is unlikely to become public. Cellphone companies’data retention policies vary widely, and the duration of time law enforcement hangs on to the data it obtains is unknown.
With airlines passing on more of their costs to us and the dollar being stronger against the rupee, airline fares have gone up over the past few months. But you sure can still make a neat saving on your travel expenses
While airlines don’t want to do it, they have to do it. They will not survive for long if they went about distributing tickets for less. So, they’re squeezing every paisa they can to drive up revenue. But promotions are ways of attracting customers so it seems marketing departments still churn out quite a few of those.
SpiceJet recently announced a “Monsoon Hungama” where it is offering a new discount code on their website every day. The discount code is applicable on a per segment per person basis, which means if you booked six people together on one return trip, you would actually get 12 times the value of the discount code applied on your ticket. That is a generous offer, however, available only for booking via www.spicejet.com. Looks like this will go on for an undisclosed period right now.
Jet Airways is offering its standard 5% discount on booking online on www.jetairways.com on return trips. However, if you are booking for travel on weekends, you may notice that there is a Rs500 discount on one-way reservations, which could help you save more rather than booking a return ticket. As of now, this promotion is on till 15 July 2012, but I hope it gets stretched further ahead.
Air India has an ongoing promotion where if a passenger buys a full-fare economy or business class ticket, a family member can travel along in the same class of service by only paying the taxes. If you book far ahead in advance, you will notice this is not for you, but if you have to make some urgent travel plans, this could be something to keep handy. After all, tickets may be more expensive closer to departure date, and by paying a little extra for a full-fare economy ticket, you may be able to save a lot of money on a second ticket. However, you will need your travel agent to help with this since these tickets cannot be booked online.
For travel inside India, Kingfisher still seems to be offering lowest fares on some segments. While it has shrunk to being very small and only serves key routes now, the current route network is reliable for the time being. You may consider booking on it if you want to book lowest fares.
Jet Airways and Air India do also offer ongoing discounts on domestic tickets to various categories such as students, armed forces personnel, physically challenged, amongst others. Discounts could range from 20% to 50% and with some conditions, more details are available on http://www.jetairways.com/EN/IN/SpecialOffers/ConcessionalFares.aspx and http://www.airindia.in/SBCMS/Webpages/Other_discounts.aspx?MID=23. GoAir is also offering a flat Rs500 off to serving and retired defence, paramilitary and police officials and their dependants. You need to ticket via their call centre or ticketing offices and produce your relevant ID at check-in to get the benefit out of this offer.
Online travel agents are feeling generous, as well. Cleartrip.com is offering a 25% cash-back (up to Rs600) if you use an HDFC Bank Credit Card to book a domestic roundtrip, valid for booking till 31 July 2012. Similarly, Axis Bank and Ezeego1.com are offering a flat Rs500 cash-back on domestic bookings made via Ezeego1.com and paid with your Axis Bank cards. They are also offering a flat Rs350 off on Indigo and Jet Airways for travel between 10 and 20 August 2012.
So there you go, you’re all set to travel again and shave off some money from your travel expenses.
(AJ writes a travel and aviation focussed blog from India at www.livefromalounge.com. You can follow him at @livefromalounge on Twitter.)