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| Terrorism's impact |
| New laws increase power of law enforcement agencies; prepaid regulation to follow? |
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| by:
Richard Allen Harding |
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At the March 2004 Intele-CardExpo
in Miami, the IPCA hosted a breakfast with two FBI agents from the Communications
Analysis Unit B, the focal point for all telecom-related anti-terrorism efforts.
After Sept. 11, the IPCA assisted numerous offices investigating the terrorist
attack on the World Trade Center, as it became clear that Mohamed Atta and his
cohorts used prepaid wireless and prepaid phone cards while planning their attack.
In early March, the New York Times reported that "Government agents have recently
uncovered numerous calls from difficult-to-track prepaid cell phones, internet-based
phone service, prepaid phone cards and public payphones in the United States to
known al Qaeda locations overseas." As a result, there has been increased coordination
between various agencies, specifically, the traditional law enforcement of the
FBI and the intelligence gathering of the National Security Agency (NSA), America’s
premier overseas electronic-intercept organization. The NSA is the largest single
buyer of Cray supercomputers, known for their ability to handle complex tasks.
One wonders if the NSA can track wireless calls and identify both the origination
number and the termination number and track related calls.
According to Dennis Walters, an expert in high-tech telecom fraud, prepaid telecom
tracking has increased at the same time that many nations have started to require
identification from those buying prepaid wireless. Once U.S. intelligence learns
of a communication to known al Qaeda locations, it alerts the FBI and other law
enforcement agencies that attempt to track the source of the U.S. callers.
A number of new laws have increased power for law enforcement agencies including
the Patriot Act and the Intelligence Act of 2004, which redefines "financial institution."
Under this new provision, law enforcement agencies may now obtain records without
a court order from insurers, travel agencies, stockbrokers, real estate agencies,
car dealerships, casinos, jewelers, pawnshops, the U.S. Postal Service and any
other business.
Of key interest to the prepaid telecom industry is a provision in the bill that
covers any other business "whose cash transactions have a high degree of usefulness
in criminal, tax or regulatory matters." As everyone in the prepaid business knows,
a great number of its transactions are in cash, a fact that law enforcement agencies
also know and are concerned about. What is unclear is the degree of increased
scrutiny the prepaid industry will see.
Tracking prepaid wireless
Another major factor was added on March 11, when subway bombings in Madrid killed
more than 190 people. A few days later, Spanish officials announced that they
were able to track suspects via prepaid wireless.
One reaction to the use of prepaid wireless in conjunction with terrorist activities
is the requirement by many nations to register every buyer of prepaid wireless
devices or recharge services. In 2002, Japan began requiring identification for
the purchase of all prepaid telecom. Many within the U.S. law enforcement community
would like to adopt similar measures. Should the U.S. be subject to another terrorist
attack, it is reasonable to predict that the political response will include stringent
restrictions on prepaid wireless and perhaps even phone cards.
In early 2003, a Pennsylvania state legislator introduced legislation that would
have required stores to record the identity of everyone buying a phone card. The
IPCA was instrumental in killing that bill, but it may be symptomatic of the kind
of legislation we may see in the future.
Attorney General John Ashcroft cited the use of prepaid telecom by terrorists
as one reason Congress needed to pass the Patriot Act and expand the FBI’s surveillance
powers. According to past court testimony, Osama bin Laden used prepaid minutes
on a satellite phone in Afghanistan during the 1990s, thinking it would disguise
his communications. Officials said bin Laden stopped using the phone when it became
known it was being monitored by U.S. intelligence. Oklahoma City bombing convicts
Timothy McVeigh and Terry Nichols used a prepaid telephone card to make calls
from public payphones in the years before the 1995 attack.
The New York Times reported that investigators have found "instances in which
suspected al Qaeda calls from the United States to overseas numbers were made
on prepaid cell phones, prepaid telephone credit cards (sic)." Of course, they
meant debit cards. They also quoted Stewart Baker, former general counsel of the
National Security Council, "Now, we have to begin looking very closely at people
who haven’t committed any crimes yet because of the concern that the first one
they’ll commit is going to be a doozy."
VoIP is also under scrutiny. Officials have said that "there have been some instances
of suspect calls made through internet-based phone services," according to John
Solomon in an Associated Press article.
Some firms are giving thought to how added restrictions will affect their marketing
plans. Those firms will be ahead of the curve if and when new restrictions are
imposed. The industry should and must cooperate with legitimate law enforcement
needs. Let’s just hope that we can provide the assistance needed without massive,
costly rules that will burden those in the business and our customers.
The author is chairman of the board of the IPCA, COO of 9278 Communications and
a member of the Intele-CardNews Editorial Advisory Board. He can be reached at
Richard@9278.com.
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| In
Print: 5/1/2004 |
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