Image: The FBI won a court order to track this Sprint Nextel cell phone’s movements while hunting for a fugitive in Ohio last October. (Source: U.S. District Court Southern Distict of Ohio). Home page image of cell tower
Sprint Nextel provided law enforcement agencies with customer location data more than 8 million times between September 2008 and October 2009, according to a company manager who disclosed the statistic at a non-public interception and wiretapping conference in October.
The manager also revealed the existence of a previously undisclosed web portal that Sprint provides law enforcement to conduct automated “pings” to track users. Through the website, authorized agents can type in a mobile phone number and obtain global positioning system (GPS) coordinates of the phone.
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The spokesman wouldn’t disclose how many of Sprint’s 48 million customers had their GPS data shared, or indicate the number of unique surveillance requests from law enforcement. But he said that a single surveillance order against a lone target could generate thousands of GPS “pings” to the cell phone, as the police track the subject’s movements over the course of days or weeks. That, Sprint claims, is the source of the 8 million figure: it’s the cummulative number of times Sprint cell phones covertly reported their location to law enforcement over the year.
The spokesman also said that law enforcement agents have to obtain a court order for the data, except in special emergency circumstances.
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The figure represents the number of individual ‘pings for specific location information, made to the Sprint network as part of a series of law enforcement investigations and public safety assistance requests during the past year,” said spokesman Taylor. “It’s critical to note that a single case or investigation may generate thousands of individual pings to the network as the law enforcement or public safety agency attempts to track or locate an individual.”
There are four circumstances under which law enforcement agents can use the Sprint website and obtain GPS data: 1) under the authority of a court order; 2) to track the location of a customer who has made a 911 call; 3) in an emergency situation, such as tracking someone lost in the wilderness or trying to locate an abducted child or hostage; 4) with a customer’s consent.
In the case of court orders, Taylor said agents are required to provide Sprint with the order, after which the company provisions the law enforcement account to allow an agency to track the targeted phone number. Court orders cover a 60-day period, and agents can do automated pings to obtain real-time GPS data every three minutes throughout that 60-day period. Taylor says this accounts for the 8 million figure.
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The automated system was set up so that law enforcement agents wouldn’t have to contact Sprint’s electronic surveillance team each time they wanted to ping a phone number throughout the 60 days of a court order. Agents still have to obtain a subpoena to get historic call detail records, such as phone numbers called, the date, time and duration of calls and the cell site and sector from which the calls were made.
http://www.wired.com/threatlevel/2009/12/gps-data/"The spokesman also said that law enforcement agents have to obtain a court order for the data, except in special emergency circumstances."
Well that's a loophole big enough to drive the entire DOJ through.
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