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Bill Introduced To Require ID When Purchasing "Burner Phones" (house.gov)

insitus quotes a report from Speier.House.Gov: Congresswoman Jackie Speier (D-San Francisco/San Mateo) introduced the Closing the Pre-Paid Mobile Device Security Gap Act of 2016, which would require people to present identification when purchasing "burner phones" and other pre-paid mobile devices, as well as requiring merchants to keep records of those purchases. "Burner phones" are pre-paid phones that terrorists, human traffickers, and narcotics dealers often use to avoid scrutiny by law enforcement because they can be purchased without identification and record-keeping requirements. This bill would close that legal gap. "This bill would close one of the most significant gaps in our ability to track and prevent acts of terror, drug trafficking, and modern-day slavery," said Speier. "The 'burner phone' loophole is an egregious gap in our legal framework that allows actors like the 9/11 hijackers and the Times Square bomber to evade law enforcement while they plot to take innocent lives. The Paris attackers also used 'burner phones.' As we've seen so vividly over the past few days, we cannot afford to take those kinds of risks. It's time to close this 'burner phone' loophole for good."

35 of 556 comments (clear)

  1. So no used ebay phones any more by I'm+not+god+any+more · · Score: 5, Insightful

    The bill is going to be useless unless the used phone market is eliminated.

    1. Re: So no used ebay phones any more by Anonymous Coward · · Score: 4, Insightful

      Presumingly they mean burner simcards

    2. Re:So no used ebay phones any more by rtb61 · · Score: 4, Insightful

      The bill is straight up 100% stupid. Obviously the phone on it's own is nothing, it is it's connection to the network that counts. So the bill should target the connection ie no connection are allowed to mobile phone network, without the user personally fronting the network representative, showing ID and a photographic record taken, so basically an operators licence, where all pass but must be identified. Then you hold the licences operators of that phone accountable for the actions sourced from that phone, you of course lose accountability on proof of hack or report of theft of the phone.

      The incumbent Telecom lobbyists would have blocked this because of cost. They do not give a crap who suffers what as a result of criminal activities being conducted via that all too easy access, that just want more money with fewer responsibilities. The bill needs to target connections to the network and that people are identified and recorded when establishing that connection and held liable for criminal actions initiated from that device to the network.

      --
      Chaos - everything, everywhere, everywhen
    3. Re:So no used ebay phones any more by niftymitch · · Score: 4, Insightful

      The bill is going to be useless unless the used phone market is eliminated.

      Not just used phones but battered women shelters.

      Also travelers... If I was traveling to various parts of the world
      I would take a prepaid phone and not risk getting hacked.
      Companies do this for some of their employees.

      N.B. You must have ID to get an ID.

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    4. Re:So no used ebay phones any more by blindseer · · Score: 4, Insightful

      What of stolen phones? What if the phone owner is "stolen" and then phone taken from them?

      I recall a similar law being proposed in Mexico to address children of wealthy families being kidnapped and taken for ransom. The common response was that the kidnappers would just call from the child's phone.

      This bill will do nothing.

      This reminds me of a lot of gun control laws meaning to control crime as a lot of the same issues apply here. A background check only checks for past behavior, and any contact information is also from the past. Future behavior may be predicted by past behavior but it can only do so much. ID and pictures are worthless if the phone or gun is stolen. Attacking the phone service is like having to show ID to buy bullets, people will just have a straw buyer, go to a black market, or steal.

      Also like gun control a bill like this will increase costs and create an inconvenience for many but do next to nothing to actually prevent the activity it is targeting. I can say this because for every one criminal that uses a phone or gun in a crime there are millions of law abiding people that will have to show ID.

      I don't know which best applies, needle in a haystack, witch hunt, wild goose chase, or all the above.

      --
      I am armed because I am free. I am free because I am armed.
    5. Re: So no used ebay phones any more by Anonymuous+Coward · · Score: 4, Insightful

      Remember, the phone has an IMEI number, also. And THAT can be traced.

      The IMEI has the same magical immutability as the MAC of an ethernet adapter.

  2. What could possibly go wrong? by dskoll · · Score: 5, Insightful

    I mean, no-one has ever faked ID. Or paid a kid $20 to go buy a couple of phones.

    And where will it end? ID to buy box-cutters to close the box-cutter loophole? ID to buy nails because they're used in nail bombs? ID to buy pressure cookers?

    1. Re:What could possibly go wrong? by flatt · · Score: 4, Funny

      When it passes, we'll have major crack downs on straw purchases for 30 minute tactical assault ghost phones with things that go up. Not exactly surprised this is coming out of San Francisco.

    2. Re:What could possibly go wrong? by fredgiblet · · Score: 5, Insightful

      Why not just eliminate checks and cash? Move to a 100% cashless economy, then you can track everything.

    3. Re:What could possibly go wrong? by Anonymous Coward · · Score: 4, Insightful

      If you want to change the Constitution that's fine but there's this amendment process you have to go through. The end of all those things you mentioned went through a legal process, they didn't just magically change one day.

  3. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  4. Ok by The-Ixian · · Score: 4, Insightful

    How about you make getting an ID free then?

    It certainly seems to be increasingly required for just about everything these days....

    --
    My eyes reflect the stars and a smile lights up my face.
    1. Re:Ok by Mr.+Slippery · · Score: 5, Informative

      Nearly everybody has a driver's license.

      No, actually, large numbers of people don't. Many Americans don't drive. I know that many middle-class suburban Americans are shocked to learn that other Americans live differently, but it's true. in fact some Americans are entirely unable to obtain government issued IDs.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    2. Re:Ok by Roger+Wilcox · · Score: 4, Insightful

      "Papers, please!"

      This kind of ID requirement for everything is exactly what the German Stasi became famous for. Soon, all you will have to do to ruin a man is revoke his official identification card.

    3. Re:Ok by BarbaraHudson · · Score: 4, Insightful

      Somehow I don't think Stevie Wonder has a drivers license. There are plenty of visually handicapped who don't. Same as other handicaps or diseases, like MS or Parkinson's. Just stand behind someone with Parkinson's at an ATM machine - be ready to wait a while for them to punch the right numbers in.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  5. Re:Double edged sword by dosius · · Score: 4, Insightful

    I'm not afraid of terrorists (even though I live in a power point that they'd probably love to attack). The government, otoh, and don't give me that BS about "if you ain't got nothing to hide, you needn't worry". EVERYBODY has skeletons in their closets.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
  6. Re:Anonymity by Anonymous Coward · · Score: 5, Interesting

    whistleblower

  7. utterly pointless and ineffective by ooloorie · · Score: 4, Insightful
    European countries have had these laws for many years. Doesn't seem to help with preventing terrorist attacks. There are also many simple technical ways of getting around these laws: use IP telephony, order SIM cards from abroad and use international roaming, etc.

    These kinds of laws are utterly pointless and ineffective in preventing terrorism. They are, however, very effective means by which government can terrorize law abiding citizens, by going on legal fishing expeditions and blackmailing people with legal but embarrassing personal conduct.

    1. Re:utterly pointless and ineffective by gweihir · · Score: 4, Insightful

      And that is just it: This is not about terrorism at all.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:utterly pointless and ineffective by Natales · · Score: 5, Insightful

      Mod parent up. I feel more ashamed that it's actually MY congresswoman, and I will write her a note, because this is absolutely non-sensical as many have already pointed out. It will stop nothing.
      I can get any low-end Android phone, put it in airplane mode and never sign up with a carrier, connect to any public WiFi network, and use a SIP client with ZRTP to connect to a server paid with Bitcoin to do my anonymous calls.
      This is classic government reactive approach with no input from subject matter experts, always 10 steps behind.

  8. Re:Anonymity by aberglas · · Score: 4, Insightful

    +1.

    But whistleblowers are far worse than terrorists. They can embarrass governments. Terrorists just justify anti-terrorism policies, we could do a few more of them.

  9. Re:There aren't enough laws. by houstonbofh · · Score: 4, Funny

    We should just make terrorism illegal. That will fix everything!

  10. They just HAVE to ban any anonymous communication by clonehappy · · Score: 4, Insightful

    You know, for the children and because of terrorists and shit. Because before cellphones, absolutely NO ONE EVER stood by a payphone waiting for a call, usually from their counterpart calling from another payphone.

  11. Re:Anonymity by Anonymous Coward · · Score: 4, Insightful

    "The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible." -Justice Stevens

    "[p]ersecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all..."-Justice Black

    First Amendment is first.

  12. Re:Anonymity by TheGratefulNet · · Score: 5, Insightful

    I am not going to answer a stupid question like that.

    instead, you should be forced to tell us why the right to anonymity should be TAKEN AWAY after so many years of having it?

    do not ask us to justify our freedom; instead, demand that we get justification for REMOVING them.

    so far, I have not seen a single reason that justifies the removal of anon calling.

    and that's because - there IS NO VALID REASON to remove that freedom.

    only terrorists (ie, government goons who want to keep us in constant fear and surveillance) would want this. why do you hate america so much, poster?

    --

    --
    "It is now safe to switch off your computer."
  13. More information required by rakslice · · Score: 4, Interesting

    Draft text
    https://www.govtrack.us/congre...

    If you want to pass a law for its instrumental value, then you need make a case that it's actually going to work.

    If this law works as intended, what would success look like? Maybe one of these things:
    - Actually intercepting terrorists' communications before an attack?
    - Actually intercepting terrorists' communications during an attack?
    - Making it so terrorists can only communicate by ways other than cell phone during a terrorist attack?
    - Making it so we can easily identify terrorists who used a cell phone during a terrorist attack after the attack is done?
    Or something else I haven't thought of?

    Are we already achieving any of those things by other means in some cases? If so, when aren't we, and would the law help us with that?

    As background for figuring out if we will achieve our goal(s), let's get some more info about the world.
    Currently terrorists purchase prepaid phones without ID and use them before and during terrorist attacks. If the proposed law was in effect, what would they do instead?
    - Would they still be able to acquire a cellphone from a retailer without actually identifying themselves?
    - Also, are there any other ways that a terrorist could obtain cellphones without identifying themselves?
    If you want people to think up ideas about that you've probably come to the right place.
    * Giving fake info to an online retailer
    * Giving another person's info to an online retailer
    * Paying an unrelated third party (e.g. a homeless person) to buy a phone and give it to them
    * Stealing phones

    Supposing that none of that worked and the terrorists lost access to anonymous phones, and they changed their practices, would they change them in a way that would achieve the goal?

  14. Re:Double edged sword by pixelpusher220 · · Score: 4, Interesting

    When terrorists kill more people than choking on chicken wings, I'll be appropriately scared of them. 9/11 was a significant thing. And it was *entirely* resolved by 3 things. 1. reinforced/locked cockpit doors 2. Me. 3. You.

    The old understood contract of just sit tight during a hijacking and get let off in Cuba or wherever was ripped to shreds as evidenced by Flight 93 in PA. NOBODY is going to sit idly by anymore.

    I've always wondered about burner phones for this specific reason though. In a world where every 'number' should have a person assoc with it, it seems odd that it would be allowable to have completely anonymous phones able to be used. I understand the myriad of reasons why LOTS of people might want and legitimately need a burner phone, but that ability comes with societal costs such as people using them for 'bad' (TM) reasons; same obviously go's for crowbars and baseball bats.

    A burner phone is a tool that can be used for good or ill and should we ban 'tools' simply because it can be abused? In most cases, I'm firmly in the 'no' category and deal with it. In this case, I'm conflicted...

    --
    People in cars cause accidents....accidents in cars cause people :-D
  15. Uh, this may be because of something I said... by tlambert · · Score: 4

    Uh, this may be because of something I said...

    I called the decryption demand by the FBI stupid in front of her, and pointed out that all the Charlie Hebdo terrorists in the Paris attack coordinated with burner phones that they didn't use before or after the actual incident.

    Perhaps she didn't get the fact that they didn't turn the phones in to the local "terrorist burner phone convenience dropbox" after the event?

  16. THE LOOPHOLE by ArylAkamov · · Score: 5, Insightful

    Getting real tired of this meme.

    "EVERYTHING I DON'T LIKE IS A """LOOPHOLE""""

    Sure makes for some good fearmongering though.

  17. Re:Double edged sword by ArylAkamov · · Score: 4, Insightful

    I've got a solution: Make diabetes illegal.

  18. Re:Anonymity by jtownatpunk.net · · Score: 4, Insightful

    I don't need a "valid" reason to want privacy. The government needs a valid reason to eliminate my ability to maintain privacy.

  19. Congresswoman Jackie Speier by bmo · · Score: 5, Insightful

    Seems to misunderstand that more "burner phones" are bought by battered women than by terrorists.

    Why do you want to see battered women die, Jackie?

    --
    BMO

  20. Re:last month by argumentsockpuppet · · Score: 4, Interesting

    I'd like to say "right, you never hear about a mass shooting at an NRA meeting" and then.... my "neighbors" held a 'Draw Muhammad' event. To your point though, despite an attempt, idiots with guns vs idiots with guns ended quickly with one wounded security guard and two dead would be mass shooters.

    Maybe more idiots with guns would prevent mass shootings more effectively than only criminals with guns. But you have to ask what is worse, the rare mass shooting in the headlines that statistically has no relevance to your personal safety or the far more statistically relevant suicides and accidental deaths.

    I know that's a pretty cynical and wishy-washy stance to take, so where am I coming from? I grew up around guns. At my local farmers co-op store, the natives would gather round and discuss the weather over coffee while their unlocked pickups with guns in the racks sat outside unlocked, windows often open and sometimes with keys in the ignition. Nobody would think of stealing a vehicle knowing there were fifteen old hunters with no better dream scenario than a chance to shoot a deserving stupid thief. There are two mitigating factors to temper my comfort with an armed populace. First, the accident, and second the depression. I'd want more details if I was reading so I'll share.

    The Accident. I was in my mid to late teens, I don't remember exactly. I do recall the gun. It was a bolt action gun I'd never seen before in my grandma's closet. The bore was way to big to be a rifle and it had an adjustable choke, which would make sense on a shotgun, but shotguns are single shot, pump action, and double-barrel. I mean, I've never used an over-under but I would have recognized that! Bolt actions, like lever are just for rifles. Even semi's could be either, but a bolt? That's not a shotgun, it can only be a rifle, but the smooth bore, huge barrel size, and adjustable choke could only be a shotgun.What's a young teen to do? Obviously, I had to examine it. Grandma's closet had guns for as long as I can remember, but they were never loaded, cause that would be irresponsible and nobody in my family would be irresponsible with guns. Cool, I could play with it and find out exactly what kind of gun I'd discovered. Despite my confidence and comfort with the situation, I know how to handle a gun safely. I always treat it like it is loaded until I confirm otherwise for myself. As I searched for the safety and tried to work a bolt stiffer than I'd ever worked before I must have brushed the trigger because it went off. Did I mention it was at a family holiday gathering? That kind of sound, in house, even if in a closet, draws attention. I mention this because you might worry somebody was hurt and the only thing hurt was my confidence and pride. Also a ceiling and a luckily placed two-by-four in the attic. Turns out, it was loaded and not everyone in my extended family had the same "it's always unloaded in the house" rule.

    So the moral of The Accident is that with proper training and experience even kids are protected from dangerous gun situations. The second factor has a shorter story. I've experienced depression. It sucks. Not having a gun probably isn't responsible for my survival, but I can't absolutely rule it out.

    So I guess my stance is that guns aren't the problem, education and safety training combined with thoughtful consideration are the real solution. Shortest version: it kinda sucks to be a moderate libertarian.

  21. Re:Anonymity by Catbeller · · Score: 4, Insightful

    Reporting that your daddy, the police officer, just raped your friend.
    Reporting that a pack of cops just killed an innocent man.
    Reporting that a street gang member committed a crime, knowing his cousins are cops and will know who you are.
    Arranging to meet with a friend so you can get an abortion in a state where they will arrest you, the driver, and the doctor, if they can.
    Reporting a mafia hit.
    Shall I go on, and on ...

  22. interesting. After an accident I made a choice by raymorris · · Score: 5, Informative

    That was an interesting post.

    I too kind am kinda moderate about guns. On the one hand, I've done my research. Various gun laws have been enacted in various places, and we have the statistics to see what the results are. We don't have to predict what the results might be, we have the numbers. The facts show, unequivocally, that gun bans and strict gun laws are correlated with an increase in violent crimes, and a large increase in sexual assault and rape. That's just a fact- when politicians remove womens' ability protect themselves, many more women get raped. (I can provide a link to full statistics from official government sources , and further explanation, upon request) .

    On the other hand, at one time in my life I decided that it would be best for me to not have handguns in my house. Mostly because I had two curious young children in the house, and we lived in a safe neighborhood.

    The Constitution guarantees me ten essential rights and the right to make that choice about guns is one of them.

    As far as laws go, I did find one thing that was proven effective ; actually a combination of two things. First, Texas added a minimum mandatory sentence for using a weapon in the commission of a felony, then they ADVERTISED it widely, with ads on city busses, billboards, etc. Word got around that robbery would get you five years, having a gun on you when you got caught would get you an additional ten years in the slammer. That worked.

    After that was successful, Texas ran a similar advertising campaign about their concealed carry law. Law-abiding citizens might now shoot back, the ads warned. Thinking of robbing a store? You don't know which of the customers behind you is packing a .45. That also worked, though probably not as well as advertising the mandatory sentence for using a weapon in the commission of a felony.

    If you think about it, it makes sense. Billions of dollars have been spent figuring out how to create ads which effectively influence people's behavior. If you want to influence the behavior of thugs in your city, it makes sense to leverage that knowledge.