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AT&T Maintains Call Database For the DEA Going Back To 1987

Jah-Wren Ryel writes "Forget the NSA — the DEA has been working hand-in-hand with AT&T on a database of records of every call that passes through AT&T's phone switches going back as far as 1987. The government pays AT&T for contractors who sit side-by-side with DEA agents and do phone records searches for them. From the article: 'For at least six years, law enforcement officials working on a counter narcotics program have had routine access, using subpoenas, to an enormous AT&T database that contains the records of decades of Americans’ phone calls — parallel to but covering a far longer time than the National Security Agency’s hotly disputed collection of phone call logs.'"

40 of 141 comments (clear)

  1. WTF??? by mcgrew · · Score: 5, Insightful

    The article is behind a god damned paywall. This one isn't. Google lists many, many sources.

    Does Jah-Wren Ryel work for the Times and is trying to increase subscription numbers? A link to a paywall is no citation whatever.

    Oh, and according to what I read, these aren't warrentless searches.

    1. Re:WTF??? by Qzukk · · Score: 3, Insightful

      Yeah, having a hard time raging at this. There's a difference between just giving every call ever to the government for the fun of it, and having an agent show up with papers in order, asking for the calls to/from a certain number and getting only that.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:WTF??? by AHuxley · · Score: 5, Informative

      Welcome to the Hemisphere Project (a term not found in many "official documents" it seems:
      Every call that passes through a switch is covered ie not just one teclo's customers.
      All the call data ie the classic pen register seems to be collected at the rate "four billion call records are added to the database every day".
      The locations of callers is also logged.
      The data is not stored by the US gov ie telco employees work on the system ie as "private data".
      All done under friendly administrative warrants -ie courts??? judges???
      Basically it is what many have hinted at - total mastery of all US calls via one telco.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:WTF??? by fuzzyfuzzyfungus · · Score: 5, Informative

      The slide deck is available.

      Aside from the 'WTF is AT&T doing with over a quarter-century of phone records that would justify the cost of storing them, anyway?' angle, there are a few... concerning... elements.

      1. The searches aren't "warrantless" in the strictest sense; but apparently most of them occur by the process of 'administrative subpoena', which requires no judicial oversight. The DEA has the power to get one simply by asserting that it needs one because drugs. (Sections 506 and 507 of the Comprehensive Drug Abuse Prevention and Control Act of 1970). Given that the features of the program include turnaround times of an hour or less, barring atypically complex queries, there is clearly very limited review going on. It isn't the DEA running raw SQL queries; but the separation between it being the 'DEA's database' and 'AT&T's database' appears to be fairly limited.

      2. Pretty much everything in the section of the presentation entitled "Protecting The Program"(starts on page 8): The program is 'unclassified' but "All requestors are instructed to never refer to Hemisphere in any official document" and there are specific instructions on how to conceal Hemisphere as the source in an investigation by using it first, to guide further subpoenas, and then retroactively building a case only on the subsequent subpoenas, in order to conceal, from the court and everyone else, the role of Hemisphere. As they describe the process:

      When a complete set of CDRs are subpoenaed from the carrier, then all memorialized references to relevant and pertinent calls can be attributed to the carrier’s records, thus “walling off” the information obtained from Hemisphere. In other words, Hemisphere can easily be protected if it is used as a pointer system to uncover relevant numbers.

      In special cases, we realize that it might not be possible to obtain subpoenaed phone records that will “wall off” Hemisphere.

      In these special circumstances, the Hemisphere analyst should be contacted immediately. The analyst will work with the investigator and request a separate subpoena to AT&T

      This practice of evidence laundering would appear to be very similar to the "Parallel Construction" process described as in use by the DEA for other giant secretive data sources (with 'Parallel Construction' being the term for "recreating" a fictional chain of evidence that excludes the existence of sensitive data sources. Less friendly audiences might call this 'perjury'...)

    4. Re:WTF??? by ShanghaiBill · · Score: 5, Insightful

      If there's been a paper trail of this leading all the way back to 1987, why are we only just now hearing about it?

      Because it is no big deal. The DEA had proper judicial oversight, and only saw records of specific individuals, and only when they had sufficient probable cause to get a subpoena. It is the way the system is supposed to work, and is the way it should have worked with the NSA. What you should be outraged about is the very existence of the DEA, a government agency devoted to monitoring and controlling our bodily fluids. Once you get past that, worrying about a few phone records is pretty silly.

    5. Re:WTF??? by bill_mcgonigle · · Score: 2

      and having an agent show up with papers in order

      Now, if only that were a 4th Amendment warrant that was enforcing an enumerated power, it might even be legal.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:WTF??? by EmperorArthur · · Score: 5, Insightful

      That's great, except that all of our phone calls are still being recorded. This is something the Stasi could only DREAM of.

      Read a little closer. This is the metadata that everyone is so worried about. It's not the actual conversation that's recorded, but the number called, call duration, and locations the cell phone was in for the duration of the call. The only new thing added to this list since the last half century is location data.

      The scary thing about this is AT&T never deletes your call data. EVER. There's a reason why some EU privacy directives have a retention limit. Which is ironically in direct contrast to the mandatory retention policies for law enforcement use in those very same countries.

      --
      So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    7. Re:WTF??? by Anonymous Coward · · Score: 5, Informative

      If there's been a paper trail of this leading all the way back to 1987, why are we only just now hearing about it?

      Because it is no big deal. The DEA had proper judicial oversight,

      "Administrative subpoena" == NO judicial oversight, not even by a judge's clerk. The term is newspeak, deliberately chosen to induce exactly the misunderstanding you had.

    8. Re:WTF??? by Anonymous Coward · · Score: 2, Insightful

      "Read a little closer. This is the metadata that everyone is so worried about. It's not the actual conversation that's recorded, but the number called, call duration, and locations the cell phone was in for the duration of the call. The only new thing added to this list since the last half century is location data."

      We know that you called a local dealer 27 times in 89, 42 times in 95 an 17 times in 03, we busted him last week.
      So don't tell us you never touched that stuff.

    9. Re:WTF??? by Jah-Wren+Ryel · · Score: 4, Informative

      Does Jah-Wren Ryel work for the Times and is trying to increase subscription numbers? A link to a paywall is no citation whatever.

      I use a combination of plugins that have the side-effect of making most paywalls disappear, I don't even know it is there.
      I recommend you do it too:

      CookieSaver Lite - Set to block the NYTimes cookies
      RefControl - Set to spoof the referrer when reading all NYTimes pages as "http://google.com/"
      NoScript - The NY Times does not need javascript for most pages. This may be optional for the NY Times but there are some paywalls like foreignpolicy.com that do rely on javascript.

      FYI - the NY Times article is the definitive citation as they are the ones who broke the story.

      --
      When information is power, privacy is freedom.
    10. Re:WTF??? by Jah-Wren+Ryel · · Score: 3, Interesting

      There's a difference between just giving every call ever to the government for the fun of it, and having an agent show up with papers in order, asking for the calls to/from a certain number and getting only that.

      The NSA has a warrant for everything they do to. The problem is not the warrants, the problem is the existence of the database. It is begging for abuse, perhaps by the government, perhaps by AT&T, perhaps by criminals that have infiltrated either.

      The cali cartel set up their own version of this database in Colombia and used it to sniff out any of their people who were talking to law enforcement.

      --
      When information is power, privacy is freedom.
    11. Re:WTF??? by Jah-Wren+Ryel · · Score: 4, Insightful

      and only when they had sufficient probable cause to get a subpoena.

      If by sufficient you mean none at all.

      "Probable cause is not a prerequisite to the issuance of a subpoena."

      --
      When information is power, privacy is freedom.
    12. Re:WTF??? by EmperorArthur · · Score: 2

      Circumstantial. He was a local drug dealer and bookie. All I did was make illegal bets. I swear!

      Hmm, DEA or IRS. That choice entirely depends on how much money you have to throw at the problem. The IRS will often just take a check, and it's all nice and legal. The DEA on the other hand will tell you just how much you're going to spend on the half way house. You really thought the government paid for those? All the while, they'll be mentioning how much cheaper it is for you to just cooperate with them. Pay a "fine" right then and there. Cash only, no lawyers.

      --
      So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    13. Re:WTF??? by 0111+1110 · · Score: 2

      Because it is no big deal. The DEA had proper judicial oversight, and only saw records of specific individuals, and only when they had sufficient probable cause to get a subpoena. It is the way the system is supposed to work, and is the way it should have worked with the NSA.

      From the article:

      Crucially, they said, the phone data is stored by AT&T, and not by the government as in the N.S.A. program. It is queried for phone numbers of interest mainly using what are called "administrative subpoenas," those issued not by a grand jury or a judge but by a federal agency, in this case the D.E.A.

      So the DEA issues their own "warrants" making a mockery of the whole idea.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    14. Re:WTF??? by SuricouRaven · · Score: 2

      Warrants are only as good as the judges who issue them - the NSA makes use of FISA courts, which are really just rubber-stampers. In any case, if a warrant is ever denied, there's nothing to stop it just being reworded and applied for again in hope of a more sympathetic judge.

    15. Re:WTF??? by msobkow · · Score: 3, Interesting

      Back in the early-mid 1990s, I worked on a billing data collection system that was to be sold to the Australian and German telcos.

      The EBAF and SMDR data collected from the phone switches only includes the to/from phone numbers, the start time of the call, and the end time of the call. it's sufficient to do billing calculations, but absolutely does not include recordings of the calls themselves.

      Back then, of course, online storage was very expensive and computers were only in the 386 power range, so once billing was completed, the data was archived off to tape in case there were any billing discrepencies that had to be investigated in the future. It would seem those tapes were retained and loaded into the online systems that are feasible nowadays.

      Still, I am surprised that they bothered doing so -- it's not like they'd be willing to correct billing that far back. So it had to be done in response to law enforcement demands rather than because of any valid business need.

      --
      I do not fail; I succeed at finding out what does not work.
    16. Re:WTF??? by nbauman · · Score: 4, Insightful

      This is the metadata that everyone is so worried about. It's not the actual conversation that's recorded, but the number called, call duration, and locations the cell phone was in for the duration of the call.

      That's a lot. It means they can track you everywhere you make a phone call. If I go to my girlfriend's house and make a call there, it means they know who my girlfriend is.

      It means that if I'm the (Democratic) governor of a state, and I call up an escort service, the (Republican) federal prosecutor will know about it, and he can decide whether to prosecute me or not, at his sole discretion. He can even agree not to prosecute me if I agree to step down from office, to be replaced by an ineffective successor.

    17. Re:WTF??? by bjwest · · Score: 2

      I think if they haven't billed me for a call I made in 1987 yet, they can just suck it up. The accurate billing excuse can hold only for 6 months or so. A year at most. Anything else should be required by law to be deleted.

      --

      --- Keep the choice with the user..
    18. Re:WTF??? by martinQblank · · Score: 2

      )

      // it still won't parse or compile but for the love of all that is sane, please always close your parens. thx

    19. Re:WTF??? by Gr8Apes · · Score: 2

      12 months sounds about right, after that, for a total of 7 years, max, they can retain the general billing information (there's some timeline, 7 I believe is the maximum?)

      --
      The cesspool just got a check and balance.
  2. Disclaimer by amiga3D · · Score: 4, Insightful

    I think there is a simple solution for this. All phones sold should have a written disclaimer stamped on the case that reads "All calls are monitored for possible criminal activity and any other reason the authorities may deem necessary." I can't believe anyone thinks there is any privacy left on any public communications system.

    1. Re:Disclaimer by fuzzyfuzzyfungus · · Score: 4, Insightful

      In other news, an ample supply of white flags is a cheap and effective national defense strategy...

    2. Re:Disclaimer by Zero__Kelvin · · Score: 2

      " I can't believe anyone thinks there is any privacy left on any public communications system."

      Probably because they aren't public communications systems.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  3. Re:remorse? by Sponge+Bath · · Score: 2, Insightful

    Not even a little bit. Do you imagine Ron Paul would somehow have changed any of this?

  4. Important clause there by Rob+the+Bold · · Score: 5, Insightful

    'For at least six years, law enforcement officials working on a counter narcotics program have had routine access, using subpoenas, to an enormous AT&T database that contains the records of decades of Americans’ phone calls — parallel to but covering a far longer time than the National Security Agency’s hotly disputed collection of phone call logs.'

    See that, NSA? Somehow the DEA managed to use the ordinary justice system without totally dismantling the Constitution.

    Not that I think the War on Drugs (TM) is any less stupid and wasteful than the War on Terrism (TM), but at least we see that we don't need a parallel, secret justice [sic] system to "fight" it.

    --
    I am not a crackpot.
    1. Re:Important clause there by Anonymous Coward · · Score: 5, Informative

      They are administrative subpoenas, issued by the DEA, and never seen by a judge or a grand jury. These shouldn't be constitutional either.

    2. Re:Important clause there by mcgrew · · Score: 2

      Not that I think the War on Drugs (TM) is any less stupid and wasteful than the War on Terrism (TM), but at least we see that we don't need a parallel, secret justice [sic] system to "fight" it.

      Both are drains on the treasury and both are harmful to society. The "war" on terror castrates the constitution, and the drug laws foster violent crime. Look at Chicago in the 1920s and Chicago today. Different illegal drug, same outcomes.

  5. welcome to the surveillance state by Anonymous Coward · · Score: 2

    War on drugs, war on terror: just scare tactics used to get us to accept a police / surveillance state.

    What do you do when the cure is worse than the poison?

  6. where is the rest? by 0dugo0 · · Score: 2

    Would love to hear story about how they lost the records from before 1987

    1. Re:where is the rest? by fuzzyfuzzyfungus · · Score: 2

      I think the better question is why is AT&T holding call records for 26 years.

      I don't know what they do with them; but, whatever it is, they developed a custom programming language to make it easier and more efficient.

      "Hancock is a C-based domain-specific language designed to make it easy to read, write, and maintain programs that manipulate large amounts of relatively uniform data. Because Hancock is embedded in C, it inherits all the functionality of C. Valid C programs are also valid Hancock programs, and Hancock programs can use libraries written for C. But Hancock is more than C. In addition to C constructs, Hancock provides domain-specific forms to facilitate large-scale data processing."

  7. Privacy by nurb432 · · Score: 2

    While i don't believe in the 'if you are innocent you have nothing to hide' concept, most people really don't care of the government knows that the wife told them to grab some milk on the way home.

    The trade off was cheap and instantaneous communication between you and said wife. Most of us are willing to accept that level of intrusion for the convenience.

    --
    ---- Booth was a patriot ----
  8. Re:Not really no. He voted with his party by JackieBrown · · Score: 3, Informative

    I can't stand Ron Paul but you really can't tie Ron Paul to any of the complaints you just listed since he was on voting record for being against everything you just mentioned.

    And you also can't say the democrats are less in favor of warrant less anything when these types of wiretaps and general invasions of privacy has increased since the democrats took over. I guess you can make the case that the democrats talk louder against theses actions, but that doesn't really count for shit - well, I guess talking loud works to fool people like you.

  9. Re:Why was this even posted? by IamTheRealMike · · Score: 2

    From the article:

    It is queried for phone numbers of interest mainly using what are called “administrative subpoenas,” those issued not by a grand jury or a judge but by a federal agency, in this case the D.E.A.

    In other words, no, there's no oversight. The DEA issues its own legal requests. The AT&T "contractors" who issue the queries sit next to the agents and are paid for by the DEA (in other words, they're employees of the government). Elsewhere the presentation makes a reference to routing requests via Washington state which somehow converts them into court orders, not sure what that's about.

    Also, the presentation tells agents to cover up the fact that it exists and how to do so, so we're back into "parallel reconstruction" terroritory.

    That said, I actually care less about this sort of thing than what the NSA is doing, as it's (a) not classified and apparently can be learned about via the regular channels despite their requests for secrecy and (b) it's being used to catch more ordinary, every day criminals like people who rob jewellery shops or make bomb threats. The almost total blurring between corporation and state is very concerning because it implies there's nothing stopping it from stepping over the line and becoming used for petty political activism or worse, but at least they try to actually justify the programs existence with examples (unlike nearly all NSA training material, it seems).

  10. Re:Not really no. He voted with his party by mcgrew · · Score: 4, Informative

    Ron Paul was a libertarian in the party that started the war on drugs (Reagan)

    Nixon came up with the phrase, although it actually started under a Democrat, young fellow.

  11. Re:Why was this even posted? by fuzzyfuzzyfungus · · Score: 4, Informative

    Doesn't involve a judge though. Just the DEA.

    Wrong. If there's a subpoena, there's a judge.

    Not necessarily. The DEA gained the ability to issue 'administrative subpoenas' in 1970, and uses them routinely and on a nontrivial scale. All they have to do is assert that the material is 'relevant to an investigation' and out it goes. No muss, no fuss, no tedious judicial oversight.

  12. Re:remorse? by tmosley · · Score: 2, Funny

    Keep doing what you have always done, you will get what you always got.

    Ron Paul was/is different. If you can't see that, then you are blind, and a useful slave.

  13. Re:President Obama said no spying? by tmosley · · Score: 2

    Same as any president in our lifetime.

  14. People's Park in Bezerkely by ulatekh · · Score: 2

    For another example of left-wing psychos going overboard with public land, read about People's Park in Bezerkely.

    I especially like how they made Ohlone Park a dog's park, where dogs could be free from human oppression. Big surprise, they formed a pack, run by a Top Dog. Not only did Berkeley fail to create the New Man, they failed to create the New Dog.

    --
    "Once we've identified and embraced our sickness, we'll have strength...and that's when we get dangerous." - John Waters
  15. NYPD cannibal cop! by ulatekh · · Score: 3, Interesting

    While i don't believe in the 'if you are innocent you have nothing to hide' concept, most people really don't care of the government knows that the wife told them to grab some milk on the way home.

    But I do care about the NYPD cannibal cop that abused a restricted law-enforcement database so that he could find women to consume. Do you really think he's the only one abusing the system?

    --
    "Once we've identified and embraced our sickness, we'll have strength...and that's when we get dangerous." - John Waters
  16. What does AT&T stand for? by Dcnjoe60 · · Score: 3, Funny

    Authoritarian Tattle Tales, that's what.