No Comment — December 8, 2009, 1:54 pm

Eight Million Reasons for Surveillance Oversight

Christopher Soghoian is a graduate student at Indiana University busily working on his Ph.D. dissertation addressing public policy issues relating to surveillance. In the course of his work he discovered something startling: a single telecommunications service provider, Sprint Nextel, has provided law enforcement authorities with the GPS coordinates of its customers some eight million times—apparently without its customers knowing anything about it. The information came in the course of remarks delivered by Paul W. Taylor, a Sprint executive at the October 11-13, 2009 conference of ISS World America, an organization for law enforcement surveillance support systems.

As TPM’s Justin Elliott notes, most phones today have the ability to track location. This is required by federal law, in theory so that if you dial 911, law enforcement will be able to ascertain your whereabouts and send assistance. But the tracking capability has other potential uses. In fact, it may make a tracking device every bit as effective as one of those ankle bracelets put on persons subject to house arrest—more effective, if users are not aware that they are being tracked. Sprint insists that subscribers can turn the GPS function off if they wish. But an expert interviewed by TPM says that Sprint can almost certainly reactivate it remotely.

In 1999, Congress passed a law requiring annual reporting of “pen registers and tap and trace devices” so that Congress could monitor the use of new technologies for electronic surveillance. This reporting requirement is imposed on the Department of Justice. However, Soghoian notes (I believe correctly) that the Justice Department has simply ignored the law and the obligations it imposes. This is one area in which the Justice Department apparently feels free to do what it wishes, including violating criminal statutes, whenever it feels national security is challenged. It is also free to rope telecommunications service providers into collaboration, assuring them that it will use its law enforcement monopoly to insure that criminal statutes they are jointly violating will not be enforced. This was the criminal enterprise engineered by the Bush Justice Department to subvert FISA. But so far there is little evidence of the Obama Administration charting a different course, or insisting on accountability for their predecessors.

It’s reasonably clear that Sprint is not alone. In his paper, Soghoian points to the harmonious relationship that has arisen between telecommunications service providers—oblivious to federal and state criminal law requiring them to protect the privacy of their customers—and the Justice Department. This relationship was best demonstrated in the extraordinary legislative machinations that the Justice Department engaged in—including the manipulation of potential criminal investigations against at least one member of Congress, which might have been a felony itself—to secure retroactive immunity for telecommunications service providers. So far, the Justice Department has demonstrated consistent contempt for Congress’s efforts to oversee this chilling relationship. And Congress seems too timid to call them on it.

Share
Single Page

More from Scott Horton:

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2016

Atlas Aggregated

= Subscribers only.
Sign in here.
Subscribe here.

The Origins of Speech

= Subscribers only.
Sign in here.
Subscribe here.

Four in Verse

= Subscribers only.
Sign in here.
Subscribe here.

A Sigh and a Salute

= Subscribers only.
Sign in here.
Subscribe here.

Four in Prose

= Subscribers only.
Sign in here.
Subscribe here.

Don the Realtor

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Martin Amis on the rise of Trump, Tom Wolfe on the origins of speech, Art Spiegelman on Si Lewen, fiction by Diane Williams, and more

In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.

Illustration by Darrel Rees
Article
Don the Realtor·

= Subscribers only.
Sign in here.
Subscribe here.

"If you have ever wondered what it’s like, being a young and avaricious teetotal German-American philistine on the make in Manhattan, then your curiosity will be quenched by The Art of the Deal."
Photograph (detail) © Polly Borland/Exclusive by Getty Images
Article
The Origins of Speech·

= Subscribers only.
Sign in here.
Subscribe here.

"To Chomsky...every child’s language organ could use the 'deep structure,' 'universal grammar,' and 'language acquisition device' he was born with to express what he had to say, no matter whether it came out of his mouth in English or Urdu or Nagamese."
Illustration (detail) by Darrel Rees. Source photograph © Miroslav Dakov/Alamy Live News
Article
A Sigh and a Salute·

= Subscribers only.
Sign in here.
Subscribe here.

"Si told me that various paintings had spoken to him, but he wished they had been hung closer together 'so they could talk to each other.' This observation planted a seed that would come to fruition years later in his mature work."
Artwork (detail) by Si Lewen
Article
El Bloqueo·

= Subscribers only.
Sign in here.
Subscribe here.

"Amid the festivities and the flood of celebrities, it would be easy for Americans to miss that the central plank of the long-standing cold war against Cuba — the economic embargo — remains very much alive and well."
Photograph (detail) by Rose Marie Cromwell

Estimated temperature of Hell, according to two Spanish physicists ‘ interpretation of the Bible:

832°F

The ecosystems around Chernobyl, Ukraine, are now healthier than they were before the nuclear disaster, though radiation levels are still too high for human habitation.

A TSA agent in Seattle was arrested for taking up-skirt photos of women in the airport, a Maryland police officer was arrested for taking up-skirt photos of an off-duty colleague, and the Georgia Court of Appeals ruled that taking up-skirt photos is legal in the state.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today