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:

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.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

April 2015

Abolish High School

= Subscribers only.
Sign in here.
Subscribe here.

Beat Reporter

= Subscribers only.
Sign in here.
Subscribe here.

Going It Alone

= Subscribers only.
Sign in here.
Subscribe here.

Rotten Ice

= Subscribers only.
Sign in here.
Subscribe here.

Life After Guantánamo

= Subscribers only.
Sign in here.
Subscribe here.

The Joke

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
Photograph by the author
Article
Rotten Ice·

= Subscribers only.
Sign in here.
Subscribe here.

“When I asked if we were going to die, he smiled and said, ‘Imaqa.’ Maybe.”
Photograph © Kari Medig
Article
Life After Guantánamo·

= Subscribers only.
Sign in here.
Subscribe here.

“I’ve seen the hell and I’m still in the beginning of my life.”
Illustration by Caroline Gamon
Article
Going It Alone·

= Subscribers only.
Sign in here.
Subscribe here.

“The call to solitude is universal. It requires no cloister walls and no administrative bureaucracy, only the commitment to sit down and still ourselves to our particular aloneness.”
Photograph by Richard Misrach
Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos

Acreage of a Christian nudist colony under development in Florida:

240

Florida’s wildlife officials decided to remove the manatee, which has a mild taste that readily adapts to recipes for beef, from the state’s endangered-species list.

A 64-year-old mother and her 44-year-old son were arrested for running a gang that stole more than $100,000 worth of toothbrushes from Publix, Walmart, Walgreens, and CVS stores in Florida.

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

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today