Say Anything Blog

So I’m leaving my phone behind on my next caper.

Rob,

You should really link this to the story about the CIA op in Italy where the Italians used CIA agents cell phone data to track their movements prior to the snatch operation.

MILAN, Italy—The trick is known to just about every two-bit crook in the cellular age: If you don’t want the cops to know where you are, take the battery out of your cell phone when it’s not in use.

Had that trick been taught at the CIA’s rural Virginia training school for covert operatives, the Bush administration might have avoided much of the current crisis in Europe over the practice the CIA calls "rendition," and CIA Director Porter Goss might not have ordered a sweeping review of the agency’s field operations.

But when CIA operatives assembled here nearly three years ago to abduct an Egyptian-born Muslim preacher named Osama Moustafa Hassan Nasr, more familiarly known as Abu Omar, and "render" him to Cairo, they left their cell phone batteries in.

Even when not in use, a cell phone sends a periodic signal indicating its location, enabling the worldwide cellular network to know where to look for it in case of an incoming call.

This isn’t exactly news.  This is the same technology that 911 uses to locate people.  Cell phones emit a constant signal while they are on that has a specific ID.  If you carry one around with you, it is constantly transmitting the whereabouts of the cell phone.  But let’s think about this for a minute...  it is not transmitting YOUR whereabouts, just those of your cell phone.  You cell phone does not have a right to privacy and it is your cell phone that is broadcasting its whereabouts.  If you choose to carry a device that broadcasts its whereabouts, you are in effect giving up your right to not have that information gathered.  Now this is a totally different story from wiretapping and listening to the conversations taking place on said cell phone.

McCullagh (his first name is Declan… not David) states,

<blockquote>But the FBI and the U.S. Department of Justice have seized on the ability to locate a cellular customer and are using it to track Americans’ whereabouts surreptitiously--even when there’s no evidence of wrongdoing.</blockquote>

However, he gives no source or evidence that this is the case, implying instead that tracking is done at random and for no particular purpose.  That insinuation strikes me as not only silly, but borderline paranoid as well.

Clearly, as in the case of the infamous NSA surveillance program, the technology has leaped well ahead of the legal arcana meant to contain it.  In my world, that’s called progress.  Most Congressmen and their staff personnel are technological neohytes at best, passing on legislative proposals of which they know precious little.  Much the same as they do in other fields, such as economics, military affairs, commerce, medical matters, foreign affairs…

Perhaps the best answer here would be a warning label, much like those found on cigarettes, advising cell phone purchasers that by turning off their phones their location cannot be determined.  That they will also be unable to place or receive calls is something they will surely figure out eventually.

The important part is that the Congress is expected to pass laws governing the conduct of the Executive Branch and the Judicial Branch is expected to interpret those laws.  The real issue is that Congress has not provided guidance on these issues and typically, Congress is decades behind passing laws to regulate the use of technology.

Is this really a "new" issue?  And what law is it that states that using this data is illegal?  Where is the Congressional guidance on how this information should and should not be used?  Why is it that the courts must provide the guidance and take the lead in defining the legality of these things? 

Same with Telecommunications regulations in general.  Our laws are written to deal with 30 year old technology.  And instead of passing new laws, Congress simply waits for the courts to tell them what to do.  This is the essence of Judicial activism at work.  Congress is transitioning their power and role onto the courts because they do not want to tackle the issue.  This is precisely why the courts got involved in Roe.  Becuase Congress failed to act.  And when unelected Judges make law, none of us (save the ACLU) are happy with the results.

And some cars even have GPS equipment.  My 2000 model has one, the company changed its policy in 2002 and will now release the location only to police after a signed request!  Cell phone’s 911 integrated technology was actually requested by certain people who now are having second thoughts!!

Bat, that’s for the head’s up on the name.  I fixed it.

Declan is the same reporter who brought us that story about the federal government making it illegal to annoy people over the internet.  His reporting turned out to be pretty misleading.

When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

Rob’s recently listened-to songs:

Onstar was used to listen in on conversations and track people in the past.  I think a mob boss in Chicago.  You think he was driving a Caddy?  Just a thought.