Cops Also Using Information Thieves to Get Phone Records

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September 20, 2006 1:45 PM

Federal and local law enforcement agencies have bought mobile phone and other personal records from  controversial Internet "data brokers," according to congressional investigators now looking into whether questionable practices were used by the Hewlett-Packard company.

HP's chairman has resigned, and the California attorney general has opened a criminal investigation in the wake of revelations that the company obtained phone records of board members suspected of leaking information to reporters.

In response to a congressional subpoena, PDJ Services, a data broker in Texas, produced documents showing the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Marshals Service had used their services. Another seller, Advanced Research, Inc., included the FBI on its list of clients.

"This is a no-brainer. The government is not allowed to our phone records absent a subpoena or a search warrant," says Rob Douglas, an information security consultant and founder of PrivacyToday.com.

A House Energy and Commerce Subcommittee has been investigating data brokers who sell mobile phone records and other personal information obtained through pre-texting. 

Pre-texting is a practice that involves impersonating a customer and deceiving a phone company to obtain phone records.   

At a congressional hearing in June, representatives of federal law enforcement agencies denied any widespread use of information obtained through pre-texting. They told the subcommittee that their agencies did not sanction the use of Internet data brokers who deal in pre-texted information, but acknowledged that they lack specific policies to address the problem.

Some privacy experts wonder why, three months later, the agencies still haven't clearly communicated guidelines to its agents in the field.  "All that needs to go out is a clarion call reminding all government authorities, no matter at what level or at what agency, that to obtain American phone records they must follow the law," said Douglas. "They can't turn to information thieves to steal the records," he said.

Proposed federal legislation would criminalize the use of pre-texting to obtain phone records, but most of the proposals would exempt law enforcement.

"Are we really wanting to codify the ability of law enforcement to use deception against the American telecommunication industry to get American phone records, when all they really need is a subpoena?" asks Douglas.

Neither the Department of Justice nor U.S. Immigration and Customs Enforcement returned phone calls requesting comment.