There's Supposed To Be Probable Cause, Not Maybe You'll Be Criminal
The Constitution guards against unreasonable search and seizure, but the cops, calling to mind Minority Report, (in what's increasingly becoming a police state) want cellphone providers to save everyone's text messages just in case anybody commits a crime. In the future.
Of course, anyone who has watched The Wire
Declan McCullagh writes at CNET:
AT&T, Verizon Wireless, Sprint, and other wireless providers would be required to record and store information about Americans' private text messages for at least two years, according to a proposal that police have submitted to the U.S. Congress.CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement "can hinder law enforcement investigations."
They want an SMS retention requirement to be "considered" during congressional discussions over updating a 1986 privacy law for the cloud computing era -- a move that could complicate debate over the measure and erode support for it among civil libertarians.
As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as "staggering."
Chuck DeWitt, a spokesman for the Major Cities Chiefs Police Association, which represents the 63 largest U.S. police forces including New York City, Los Angeles, Miami, and Chicago, said "all such records should be retained for two years." Some providers, like Verizon, retain the contents of SMS messages for a brief period of time, while others like T-Mobile do not store them at all.
I know it's picky and all, but the cops should not be putting this burden on business first of all -- on the just-in-case basis.
And, yes, despite having the technology to have the goods on every citizen, we need to stick with the Constitution...which does not suggest we are allowed to preliminarily and proactively gather evidence on citizens.
Let me counter with requiring all law enforcement activity be recorded on videotape and retained for two years. For discovery. Just in case. Because cops have disregarded the law.
MarkD at December 5, 2012 5:36 AM
Let me counter with requiring all law enforcement activity be recorded on videotape and retained for two years. For discovery. Just in case. Because cops have disregarded the law.
Hell. Yes.
Sabrina at December 5, 2012 6:55 AM
Video ≠ justice. The problem isn't the records, whether written or photo-recorded. The problem is that you don't trust your cops... Which makes me wonder why you've hired them.
Over my 5 decades, Americans have gotten dim and cowardly, choosing to stay indoors and watch TV shows. They want to pretend that this has given them special TV watching powers, as if they can discern the true meaning of any video clip. They want to reduce the execution of their community responsibilities down to watching a sitcom. They believe in television more than they believe their own lives.
(Everyone enjoy the debates this year?)
(And by the way: As a professional video editor, my powers are certified and remunerative... I really can watch TV faster and more incisively than other people. And friends, that ain't worth much in terms of justice.)
That said...
TV cameras are incredibly cheap and unobtrusive. Your cell phone has a better video camera than I made a living with for the first ten years of my career. Putting 2-minute-loop cameras on the front and rear of your car might only cost a couple of hundred dollars; Insurance companies may soon insist you do so before issuing a policy.
Crid [CridComment at gmail] at December 5, 2012 8:10 AM
God... It feels great being so right about this when others are so wrong.
Crid [CridComment at gmail] at December 5, 2012 8:16 AM
Thats only becuase it happens so rarely that it is still a novel sensation for you
lujlp at December 5, 2012 8:52 AM
Internships.
Crid [CridComment at gmail] at December 5, 2012 11:32 AM
Progressive is already offering a discount if you install their black box.
http://www.progressive.com/auto/snapshot-how-it-works.aspx
And drive according to their rules.
Conan the Grammarian at December 5, 2012 1:40 PM
Goddammit. I'm goin' off the grid. This sucks for so many reasons.
Dig it, Cridmeister, we got no reason to trust cops/a>.
Some of 'em, anyway.
Seriously.
Flynne at December 5, 2012 3:00 PM
Dammit:
http://www.ctpost.com/news/article/Trooper-accused-of-stealing-from-dying-victim-was-4090463.php
Flynne at December 5, 2012 3:01 PM
I read a post at answerology, from a dad who just got his teenage daughter's cell phone bill: 12,243 text messages in one billing period!
It's typical, too.
They're gonna save THAT cr@p for two years?
He did say that he & the wife were going to get more involved in the kid's activities...
jefe at December 5, 2012 8:40 PM
Jefe, the marginal cost of storing a text message approximates zero. I'm sure the cost to carriers of storing these messages is trivial. This, like mandatory back doors in communication services, just makes it clear: the government is determined to be able to snoop on anything we say or write electronically.
Anyone else use Skype regularly? Based on a distributed network protocol, Skype was previously untraceable. Since MSFT bought it, calls are now centrally routed via Redmond-owned super nodes. Now recordable. And service has degraded massively in recent months. One wonders why.
Chad at December 5, 2012 9:09 PM
Let me color the camel in this tent:
You not only give up context in reading text messages as an outsider, you give up custody. You have no means of checking to see if content is actually that of a particular person.
And that's on top of true absurdities, such as a DA trying to assert that "Have you seen Bob today?" is really "code" for arranging to buy weed. {Marley}
Radwaste at December 6, 2012 5:47 AM
The marginal cost approximates zero? You are obvioulsy uninformed about IT things.
Chad said:
Jefe, the marginal cost of storing a text message approximates zero. I'm sure the cost to carriers of storing these messages is trivial. This, like mandatory back doors in communication services, just makes it clear: the government is determined to be able to snoop on anything we say or write electronically.
Nolo Contendere at December 7, 2012 3:28 PM
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