Who's buying cell phone records? - Cops.

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TweetWho's buying cell phone records online? Cops
Net sellers tell Congress they supply law enforcement officials with call lists


A congressional panel investigating the fraudulent acquisition and sale of mobile phone records by Internet Web firms has collected evidence that indicates law enforcement officials at the local, state and federal levels use the Internet-based services as an investigative short-cut, MSNBC.com has learned. At least one Web-based data seller has told Congress that the FBI is a client.

The phone records are generally acquired by the resellers through fraudulent means and would not be admissible in court as evidence, but they are still helpful as an investigative tool, say officials familiar with the investigation.

The alleged use of the customer records by law enforcement officials could raise legal and ethical questions, as it would circumvent due process and years of established laws protecting consumers from random eavesdropping on electronic communications.

The U.S. House Energy and Commerce Committee and its Oversight and Investigations Subcommittee are looking into the fraudulent acquisition of consumer cell phone records by private investigators and online data sellers — an issue that exploded into the public sphere earlier this year after a blogger was able to purchase cell phone records of former presidential candidate Gen. Wesley Clark. But the business was thriving online long for years before that, with hundreds of Web sites advertising that they could obtain anyone's cell phone records for about $100.
The committee is attempting to learn who's selling the cell phone records, and who's buying.

FBI says it looks to private firms for help As part of its inquiry, the committee has asked dozens of Web sellers to reveal their customers lists. MSNBC.com has viewed one such list, and spoken with several other data sellers.

One seller, Advanced Research Inc., which operates ADVSearch.com, told the committee that it has sold data to the FBI.

"On occasion, ARI (Advanced Research) has done work for municipalities, banks, mortgage and insurance companies, private companies, foreign governments, law enforcement, even the FBI," ARI's letter to Congress said.

FBI spokesman Richard J. Kolko said Sunday he could not confirm or deny whether the bureau had received mobile phone records from Advanced Research, but acknowledged that the FBI sometimes buys or receives data from private companies to help with investigations. But he said agents would never break any laws to obtain such evidence.

"The FBI, in pursuit of its investigative priorities, at times gets information from private companies that provide information to the public, or at least to others outside of the government," Kolko said. "This investigative technique is used to support investigations or other aspects of our missions. When this is done, we adhere to all established DOJ guidelines, FBI policy and the law."

Kolko also said he could not comment on processes the FBI may have in place to ensure that data it receives from private companies has been acquired legally by intermediaries.

Congress is now investigating how Web phone records sellers obtain their data; officials at state and federal agencies have said acquisition of customer mobile phone records without their consent is a criminal act.
Many buyers involved in debt collection

The dozens of Web sites now being investigated by Congress sell to a wide cross-section of customers buying data. Evidence gathered so far suggests many purchasers are involved in debt collection. But a steady stream of evidence also implicates law enforcement officials, who occasionally use the services as a shortcut, avoiding the need for court orders generally required to see phone records.

The phone records are often obtained by private investigators through a tactic known as "pretexting." Investigators call mobile-phone companies posing as legitimate customers and trick service representatives into delivering copies of records.

Many Web site sellers maintain the practice is legal, but cell phone companies, the Federal Communications Commissions and numerous state attorneys general have said impersonation of consumers is fraud. Several states also have sued data brokers over the acquisition and sale of phone records in recent months.

Just this week, the House of Representatives overwhelmingly passed a bill making acquisition of cell records through pretexting explicitly illegal. Those who obtain such records could face up to 20 years jail time under the bill that passed by a vote of 409-0 on Tuesday.

In its response to an inquiry by congressional investigators, Texas-based PDJ Investigations — which runs several look-up sites — stated that it provide records to law enforcement officers.

"On numerous occasions a wide variety of law enforcement officials on a federal, state and local level have asked for investigative assistance, which PDJ has provided free of charge," the company wrote.

The lawyer for another firm that's being questioned by Congress — IEI Investigations, also known as BestPeopleSearch.com — said he believed his client also has provided services to law enforcement for free and said the practice is common in the industry.

"It's a much easier and cheaper path to gather information," said the company's Los Angeles-based lawyer, Larry Slade. "But when law enforcement uses it, it raises other issues."

Civil liberties attorneys say the use of illegally obtained cell phone records as part of a criminal investigation raises serious questions.
‘Established legal procedures’ circumvented

“There are established legal procedures for obtaining phone records that provide checks against improper access,” said Chris Hoofnagle, an attorney at the Electronic Privacy Information Center who complained to the Federal Communications Commission and the Federal Trade Commission last year about the availability of cell phone records online. “These legal procedures allow fast access to phone record for law enforcement and provide accountability. That’s what missing here, the accountability.”
A publicly elected official caught up in the congressional inquiry also has said publicly that he obtained phone records for law enforcement officials. Colorado state Rep. Jim Welker, owner of Universal Communications Co., told the Rocky Mountain News earlier this month that he sold phone records to law enforcement officials, as well as debt collectors and financial companies.

"I look at it (the business) as helping the good guys find the bad people," he told the paper. Welker -- an enigmatic figure in Colorado politics who recently said at a press conference that legalizing gay marriage would eventually lead to inter-species marriage -- did not return phone calls from MSNBC.com seeking comment.

One potential customer of MPIS Inc.'s PublicPeopleFinder.com service was the Ruston, La., Police Department. In January, Ruston Police Chief Randal Hermes told MSNBC.com that he sent an e-mail to MPIS asking about the Web site’s ability to locate cell phone calling records.

"We are finding the need more and more often to search cellular telephone records," the letter said. "It's unbelievable to me how difficult it is in this day and time to identify the subscriber of a cell phone."
In reply, MPIS's Jodi Leatherman wrote, "We're always looking to help law enforcement," Hermes said.

When asked about the e-mail exchange, Hermes said his department was investigating a string of cell phone thefts, and had "run into some pretty rough road blocks" trying to get records from cell phone companies. Up-to-the minute calling records are the best way to find a thief after a cell phone is stolen, but the records can be hard to get, he said.

[supasaiyan99]

TweetHmmm...interesting. I figured the FBI would contact the NSA for phone records?

[O2BESOHUGE]

TweetDAMN BIG BROTHER!