| Last night was a pretty typical weeknight at my | | | | Barker, an equipment sales manager for Cell-Loc, |
| home, I drove home from workand filled up with | | | | based in |
| gas before I got home, I left my house again at | | | | Calgary, Alberta. His company provides tracking |
| around 5:30to take my son to his Karate lesson. | | | | services to help people who areincapacitated and |
| While I was out I stopped by the locallibrary to | | | | unable to dial for help.and out of cell tower range. |
| return some books and then swung over to the | | | | According to Slate, Location data extrapolated |
| dry cleaners to pick upmy shirts and slacks and | | | | from tower records is frequentlyused in criminal |
| some stuff for my wife. I picked up my son | | | | cases. It was vital, for example, to the |
| from hislesson and we stopped off at the | | | | prosecution of David |
| grocery store to pick up some bread and milk | | | | Westerfield, who was convicted of murdering |
| onour way back to the house. | | | | 7-year-old Danielle van Dam in San |
| Now, you aren't the first people to know my | | | | Diego. The killer's cell-phone usage revealed a |
| whereabouts that night. Because Ihad my cellular | | | | bizarre travel pattern in thetwo days following the |
| phone with me, the cell phone company that | | | | girl's disappearance, including a suspicious trip to |
| provides my cellularservices knew where I was at | | | | thedesert. In cases like this, wireless providers will |
| the entire time. They tracked me with my | | | | not release a user's recordswithout a court order, |
| cellulartelephone. | | | | save for rare instances in which a kidnapping has |
| How is this possible? | | | | takenplace and time is of the essence. |
| It is possible because people who use their cell | | | | Domestic crime is not the only arena of law |
| phone need to be able to make acall whenever | | | | enforcement that is utilizing thetracking of mobile |
| and wherever they may be located at the time | | | | phone signals, the FBI and CIA have been using |
| they dial the numberon their phone. Therefore, | | | | this techniquein an effort to capture public enemy |
| the cellular companies must be able to route the | | | | number one: Osama Bin Laden. |
| callto the nearest cellular tower, which in turn | | | | Author Dan Campbell, writing in the October 2001 |
| sends your call to the satellite inspace, which | | | | issue of Telepolis Magazine,describes how the |
| sends your signal to the person you are calling. | | | | world's most wanted man, coordinated his attacks |
| The tower thathandled the call is typically logged | | | | via hismobile phone. |
| (and stored indefinitely) on the wirelessprovider's | | | | "Between 1996 and 1998, when the America's |
| computers, though it's not noted on the | | | | embassy in Kenya was bombed, the FBIfound |
| customer's monthly bill. Inorder for the cell phone | | | | that Osama bin Laden and his staff had spent |
| company to know what tower you are at, they | | | | nearly 40 hours makingsatellite phone calls from |
| must beable to track the signal from your cell | | | | the mountains of Afghanistan. The calls, which can |
| phone when it is on. | | | | besent and received from a special phone the size |
| In the expanded age of advanced communication | | | | of a laptop computer, wererelayed via a |
| and the literally thousands ofissues of privacy that | | | | commercial satellite to sympathizers in the west. |
| it has since spawned, many people would be | | | | The satellite phone appears to have been a huge |
| horrified tolearn that they can be tracked by the | | | | convenience for the world's mostwanted terrorist. |
| phone company via their mobile phone. Thephone | | | | He was billed for thousands of minutes of use |
| companies claim this is a integral part of the | | | | over two years,those records indicate, and used |
| service they provide,privacy advocates say that | | | | it to issue a fatwa in February 1998 thatcalled on |
| this is just another way large corporations | | | | Muslims to kill Americans, including civilians, |
| haveinvaded our lives. | | | | anywhere in the world. |
| Wading into the fray over this controversy | | | | Even now, as US forces move in for the kill, bin |
| concerning your cell phone is anotherlarger and | | | | Laden's satellite phone has notbeen cut off. But |
| important player: law enforcement. Law | | | | calls to the terrorist leader are going unanswered. |
| enforcement agencies are nowutilizing the | | | | Hisinternational phone number - 00873 682505331 |
| technology of tracking cellular signals to catch | | | | - was disclosed during a trial,held in New York |
| criminals andterrorists. A few cases of dangerous | | | | earlier this year. Calls to his once-active satellite |
| criminals being tracked and caught while ontheir | | | | link nowhear only a recorded messages saying he |
| telephones have been documented and law | | | | is "not logged on". " |
| enforcement is now fighting withthe cellular | | | | Indeed, when bin Laden associates went to trial in |
| companies to ensure its continued use. | | | | April on charges of bombing |
| Have we lost our privacy by cell phone tracking | | | | U.S. embassies in Africa, the prosecution used |
| or have we just gained avaluable tool for law | | | | billing records for calls fromthat phone to connect |
| enforcement to use in keeping us safe? Do the | | | | them to bin Laden--but not intercepts of |
| cell phonecompanies need to know where you are | | | | conversations. |
| in order to provide their service, or havethey | | | | Apparently, the FBI are not the only individuals |
| found, as some privacy advocates claim, a | | | | aware of the fact that thetracing of mobile phone |
| backdoor into your life, yourlocations, your | | | | signals can be used to track down an |
| shopping habits? | | | | individual'slocation. With American forces closing in |
| Part One: Mobile 911. | | | | on him during the battle of Tora Borain late 2001, |
| According to the TechTV Show "Talkback", Cell | | | | Osama bin Laden employed a simple trick against |
| phones show where you are, andthat is simply | | | | sophisticated |
| part of their design. Without the ability to pinpoint | | | | United State spy technology to vanish into the |
| where thesignal from your phone is coming from, | | | | mountains that led to Pakistanand sanctuary. |
| calls could never be connected. Becausecell phones | | | | According to CBS News, A Moroccan who was |
| decry the use of wires, and the users making the | | | | one of bin Laden's long-timebodyguards took |
| calls are often onthe move, the call and the | | | | possession of the al-Qaeda leader's satellite phone |
| receiving signal are not at a fixed location. | | | | on theassumption that US intelligence agencies |
| Therefore, the signal from the cell phone must be | | | | were monitoring it to get a fix ontheir position, |
| tracked. | | | | said senior Moroccan officials, who have |
| Cell phone service areas are divided into "cells," | | | | interviewed thebodyguard, Abdallah Tabarak. |
| each of which is serviced bya base station. When | | | | Tabarak moved away from bin Laden and his |
| you make a call, your cell phone selects the | | | | entourage as they fled, using thephone to divert |
| strongest basestation it can find, which is usually | | | | the Americans and allow bin Laden to escape. |
| the closest station to you. | | | | Tabarak was latercaptured at Tora Bora in |
| If you move out of the coverage of one base | | | | possession of the phone. |
| station, your phone switches to thenext strongest | | | | The use of Cell phone triangulation and the |
| available base station (which usually means you | | | | tracking of other mobile signalsappear to be an |
| move into a newcell). The system always knows | | | | effective weapon for law enforcement, one that |
| your location relative to the nearest cell. | | | | many agencies aregoing to be reluctant to give |
| This occurs even when your phone is on but not | | | | up. But does the use of technology come at |
| being used. For efficiency'ssake, an idle cell phone | | | | aprice: the sacrifice of privacy and civil rights of |
| sends out a message on the access channel so | | | | the people using mobiletechnology. |
| that thesystem will know where to direct the | | | | Part Three: Cell Phone Commercials |
| page if you get an incoming call. Thesystem | | | | The ability to track a person using their cell phone |
| knows where you are. In an urban area, each | | | | has not been lost onmarketing professionals |
| tower covers an area ofapproximately 1 to 2 | | | | looking to find a new avenue into consumer |
| square miles, so a caller's general location is fairly | | | | buying habitsand preferences. The ability to track |
| easyto pinpoint. | | | | individuals' movements through theirmobile signal |
| The proliferation of cellular phones and their usage | | | | has very appealing commercial potentials. For |
| gave birth to a very uniqueproblem: How would | | | | example: |
| emergency operators track callers who called 911 | | | | ∑ Your phone will be able to tell you where |
| on theirmobile phone? Dialing 911 from a traditional, | | | | the nearest hospital, shopping mall,or McDonald's is |
| wire-based telephone, allowed theoperator to | | | | located |
| track where the call was being placed, so that an | | | | ∑ Merchants could automatically send you |
| emergency responsecould be sent. On mobile | | | | location-based advertising and specialoffers when |
| phones, the people calling in the emergency had | | | | their technology senses you're near their stores |
| no ideawhere they were, and the 911 operators | | | | ∑ If you've pre-loaded their phone numbers |
| had no way of exactly pin pointing wherethe calls | | | | and personal information, your phonecould alert |
| where originating. | | | | you when a friend or family member is in the |
| Enter e911. According to the web site | | | | area |
| "Webopedia" , E911 is "short for Enhanced | | | | "Advertisers are eager to use location services to |
| 911, a location technology advanced by the FCC | | | | alert you when you pass neara store that might |
| that enables cellular phones toprocess 911 | | | | be of interest. Such services are likely in some |
| emergency calls and enable emergency services | | | | form, butcarriers are proceeding cautiously. |
| to locate thegeographic position of the caller. | | | | They're aware you may not want to see adsfor |
| When a person makes a 911 call using atraditional | | | | McDonalds every time you pass by the golden |
| phone with ground wires, the call is routed to the | | | | arches. Carriers don't want toannoy users |
| nearest publicsafety answering point (PSAP) that | | | | because it's so easy to switch providers", says |
| then distributes the emergency call to theproper | | | | Allen Nogee, asenior analyst at Cahners In-Stat |
| services. The PSAP receives the caller's phone | | | | Group said on the CNN web site. |
| number and the exactlocation of the phone from | | | | The idea of advertisers and law enforcement |
| which the call was made. Prior to 1996, 911 | | | | knowing where you are at any givenmoment and |
| callersusing a mobile phone would have to access | | | | where you have been has naturally rubbed |
| their service providers in order toget verification | | | | privacy-advocate groups thewrong way. While |
| of subscription service before the call was routed | | | | there is some upsides for the use of this |
| to a PSAP. | | | | technology, privacygroups say the potential for |
| In 1996 the FCC ruled that a 911 call must go | | | | abuse of this technology is very high and very |
| directly to the PSAP withoutreceiving verification | | | | realand they would like to see some provisions |
| of service from a specific cellular service provider. | | | | built into cell-phone tracking lawsthat allow for the |
| Thecall must be handled by any available service | | | | privacy of the consumer not to be compromised. |
| carrier even if it is not thecellular phone | | | | "There certainly need to be better emergency |
| customer's specific carrier. Under the FCC's rules, | | | | procedures [for cell-phone calls],"says David Sobel, |
| all mobilephones manufactured for sale in the | | | | general counsel for the Electronic Privacy |
| United States after February 13, 2000, thatare | | | | Information Centerin Washington, D.C during an |
| capable of operating in an analog mode must | | | | interview with ABC news. "But once the |
| include this special method forprocessing 911 calls. | | | | technologyexists, there has to be some way for |
| " | | | | users to control how the info can be used." |
| In an article entitled "How cell phones reveal your | | | | Sobel says while the FCC mandated the E911 |
| location" published on the | | | | program, federal legislators haven'tput into place |
| Slate ( web site, with e911, emergency operators | | | | how that information may be used or who would |
| were ableto track calls from wireless phones in | | | | have access to it. |
| less to one or one half of a mile fromwhere the | | | | "The Justice Department and FBI do routinely get |
| call originated. The technology was so successfully | | | | information from cell-phoneservice providers," |
| that thegovernment made it a law that all cellular | | | | says Sobel. But, "There are lingering question on |
| phones carry the technology thatenables calls to | | | | what thelegal standard is to be used to get |
| be tracked. This law is called the Wireless | | | | location information from cell-phoneproviders. |
| Communications and | | | | There is nothing in federal law that addresses that |
| Public Safety Act of 1999 (911 Act) and signed | | | | issue." |
| into law by President Clinton on | | | | According to Sobel, another large privacy issue |
| October 26, 1999. According to the law, 95 | | | | that might be at stake is notonly the information |
| percent of all cell phones must be | | | | that is being delivered by using this technology, |
| E911 compliant by the end of 2005. | | | | but thetechnology itself might be violating the |
| In compliance with the new law, and to better | | | | privacy of mobile communications justby the way |
| improve the service with itscustomers, many cell | | | | the technology works. |
| phone handsets are now equipped with Global | | | | "The e911 rules enacted by the Federal |
| Positioning | | | | Communications Commission govern theemerging |
| System chips, which determine a caller's | | | | form of telecommunications known as "packet |
| coordinates by receiving signals beameddown | | | | mode" communication. Lawenforcement agencies |
| from a satellite array. The chip factors together | | | | already have the authority to demand information |
| the signals' differentarrival times to calculate the | | | | thatidentifies a phone call as long as it is separate |
| phone's coordinates, using a mathematical | | | | from the call's contents. |
| processknown as trilateration. At present, | | | | However, with packet-mode communication |
| however, GPS data is typically not recordedfor | | | | technology, data containing the numberscannot be |
| non-emergency purposes, unless the user has | | | | separated from data containing phone |
| explicitly signed up for alocation-based service. | | | | conversations. Thus when policeagencies demand |
| Part Two: The Hacker and the Terrorist | | | | phone number data, phone service providers will |
| Kevin Mitnick was a hacker. That is to say, he | | | | have to givethem data containing conversations |
| was king of all the hackers. | | | | as well," said Sobel. |
| Mitnick, "America's Most Wanted Computer | | | | Sobel and lawyers from two other organizations |
| Outlaw," eluded the police, US | | | | are asking the U.S. Court of |
| Marshalls, and FBI for over two years after | | | | Appeals in Washington, D.C., to block the FCC |
| vanishing while on probation for his | | | | rules. "The FBI is seekingsurveillance capabilities |
| 1989 conviction for computer and access device | | | | that far exceed the powers law enforcement has |
| fraud. His downfall was his | | | | had inthe past and is entitled to under the law," |
| Christmas 1994 break-in to Tsutomu Shimomura's | | | | Sobel said. |
| computers in San Diego, | | | | Similar legislation for the ability to track |
| California. Shimomura just happened to be the | | | | movements using mobile technologyhas met with |
| head of computing technology atthe San Diego | | | | stiff resistance in other countries. According to |
| Super Computer Center. Less than two months | | | | ZDNET UK |
| after having hiscomputers hacked, Shimomura | | | | ( in the United Kingdom, civil liberties advocates |
| had tracked Mitnick down after a | | | | areoutraged at the implications of the newly |
| cross-countryelectronic pursuit. Mitnick was | | | | passed Regulation of Investigatory |
| arrested by the FBI in Raleigh, North Carolina,on | | | | Powers Act, which could allow British law |
| February 15th, 1995. | | | | enforcement agencies to trace themovements of |
| Mitnick was charged in North Carolina with 23 | | | | mobile phone users with a minimum of |
| counts of access device fraud forhis activities | | | | accountability. Privacyadvocates have vowed to |
| shortly before his arrest. In California, he was | | | | have this law over-turned in this country, but in |
| charged with anadditional 25 counts of access | | | | themeantime, the British government plans to fully |
| device, wire, and computer fraud. On March 16, | | | | extend and incorporate this lawinto British law |
| 1999, Mitnick plead guilty to five of these counts | | | | enforcement, no matter what privacy groups say. |
| and two additional countsfrom the Northern | | | | "The whole point of RIP (the Regulation of |
| District of California. He was sentenced to 46 | | | | Investigatory Powers Act) is toupdate |
| months andthree years probation. He was | | | | surveillance," a spokeswoman from the British |
| released from prison on January 21, 2000, | | | | Home Office said. "If youhaven't broken the law |
| beingeligible for early release after serving almost | | | | then you've nothing to fear." |
| 60 months of his 68 monthsentence. | | | | Conclusion: Cell Phone Spam? |
| How was the FBI able to capture "America's Most | | | | Law enforcement agencies, already beleaguered |
| Wanted Computer Outlaw"? Bytracking down a | | | | by an out of control handgunproblem and a |
| signal from his cell phone. | | | | across the board rise in crime in the United |
| Luke Helder was going to set off some bombs. | | | | States, coupled withthe fact that they must now |
| Specifically, he was going to setoff bombs in | | | | deal with the horrifying specter of terrorism |
| mailboxes across the United States until the | | | | intheir cities, will not be too quick to give up a |
| locations of his bombsmade a "smiley face" | | | | powerful new weapon in catchingcriminals, |
| pattern across the map of the U.S. He probably | | | | especially not one that will essentially tell them |
| would haveaccomplished his morbid feat had he | | | | where they areexactly. Any fight that privacy |
| not made one crucial mistake; he turned onhis cell | | | | groups may put up will ultimately prove to befutile |
| phone. | | | | to lawmakers in Congress, who want to be seen |
| According to USA Today, as soon as he | | | | as giving law enforcementevery chance they can |
| activated it, FBI agents quicklytriangulated his | | | | to be effective. |
| position between two rural towns and had him in | | | | However, privacy groups have a legitimate point |
| handcuffswithin an hour, according to Nevada | | | | in their fears that a technologyof this sort is ripe |
| authorities. The fact that another motoristspotted | | | | to be exploited unless the lawmakers take action |
| Helder in passing helped authorities, but the cell | | | | to limitthe very personal data offered by this |
| phone signal was adead giveaway | | | | tracking technology. Email is a perfectexample of |
| "We got a call from the FBI at approximately 3:20 | | | | a technology that, in its infant stages, was seen |
| p.m. that the cell phone that | | | | as revolutionarynew form of communication. Now, |
| (Helder) had been known to have had been | | | | email systems are so overloaded with spam |
| activated somewhere between Battle | | | | comingin from not only the United States but also |
| Mountain and Golconda," said Maj. Rick Bradley of | | | | from Russia and Nigeria, thatcongress has acted |
| the Nevada Highway Patrol. "Westarted hitting | | | | to implement new laws to stem the tide. |
| Interstate 80." | | | | Cell phones now have the ability to send and |
| Bradley said tracking down Helder without the | | | | receive photographs, how muchlonger will it be |
| pinpoint location provided by the | | | | before advertising, in full color begins to find its |
| FBI would have been tougher, given the sprawling | | | | way toyour telephone? The outrage of having |
| region. | | | | "cell-phone spam" may be so great that |
| "It's really a rural area. There's not that much | | | | heconsumer uproar will cause any type of mobile |
| police presence," Bradley said. | | | | technology to be severely limitedby law, perhaps |
| Cell phone triangulation is a well-known tracking | | | | even stripping out some of the positive aspects |
| method within the wirelessindustry, said Michael | | | | such as thoseused by law enforcement. |