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:

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

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2016

Disunified Front

= Subscribers only.
Sign in here.
Subscribe here.

We Don’t Have Rights, But We Are Alive

= Subscribers only.
Sign in here.
Subscribe here.

Isn’t It Romantic?

= Subscribers only.
Sign in here.
Subscribe here.

The Trusted Traveler

= Subscribers only.
Sign in here.
Subscribe here.

The Trouble with Iowa

= Subscribers only.
Sign in here.
Subscribe here.

The Queen and I

view Table Content

FEATURED ON HARPERS.ORG

Article
Isn’t It Romantic?·

= Subscribers only.
Sign in here.
Subscribe here.

“He had paid for much of her schooling, something he cannot help but mention, since the aftermath of any failed relationship brings an ungenerous and impossible impulse to claw back one’s misspent resources.”
Illustration by Shonagh Rae
Article
The Trouble with Iowa·

= Subscribers only.
Sign in here.
Subscribe here.

“It seems to defy reason that this anachronistic farm state — a demographic outlier, with no major cities and just 3 million people, nine out of ten of them white — should play such an outsized role in American politics.”
Photograph (detail) © Justin Sullivan/Getty Images
Article
Rule, Britannica·

= Subscribers only.
Sign in here.
Subscribe here.

“This is the strange magic of an arrangement of all the world’s knowledge in alphabetical order: any search for anything passes through things that have nothing in common with it but an initial letter.”
Artwork by Brian Dettmer. Courtesy the artist and P.P.O.W., New York City.
Article
The Queen and I·

= Subscribers only.
Sign in here.
Subscribe here.

“Buckingham Palace is a theater in need of renovation. There is something pathetic about a fiercely vacuumed throne room. The plants are tired. Plastic is nailed to walls and mirrors. The ballroom is set for a ghostly banquet. Everyone is whispering, for we are in a mad kind of church. A child weeps.”
Photograph (detail) © Martin Parr/Magnum Photos
Article
We Don’t Have Rights, But We Are Alive·

= Subscribers only.
Sign in here.
Subscribe here.

“If I really wanted to learn about the Islamic State, Hassan told me, I ought to speak to his friend Samir, a young gay soldier in the Syrian Army who’d been fighting jihadis intermittently for the past four years.”
Photograph (detail) by Anwar Amro/AFP/Getty

Estimated number of American senior citizens who played tackle football last year:

47,000

An island of fairy penguins was successfully defended against foxes and feral dogs by Maremma sheepdogs.

In Turlock, California, nearly 3,500 samples of bull semen were stolen from the back of a truck.

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

HARPER’S FINEST

Two Christmas Mornings of the Great War

By

Civilization masks us with a screen, from ourselves and from one another, with thin depth of unreality. We habitually live — do we not? — in a world self-created, half established, of false values arbitrarily upheld, largely inspired by misconception, misapprehension, wrong perspective, and defective proportion, misapplication.

Subscribe Today