Prepaid call detail records: an anti-terrorism tool
by Howard Segermark
On June 30, the International Prepaid Communications Association
announced a new effort endorsed by the IPCA Board of Directors at
a recent meeting in Atlanta, Georgia. The announcement was low key:
IPCA will “study” the issue of prepaid call detail record
(CDR) storage.
IPCA has worked with the FBI and other law enforcement agencies
since shortly after its inception in 1995. We have letters from
officials in the FBI and the DEA urging us to promote industry standards
for CDR storage and we have done so. Several states today require
CDR storage for certain periods of time. Since 9/11, however, the
interest and concern in prepaid CDRs by the FBI and other agencies
has grown apace.
More than one IPCA member acknowledges that in their work with the
FBI, they learned that their phonecards were used by the 9/11 terrorists.
In addition, the March 11 bombing in Madrid of several commuter
railroad trains involved using prepaid wireless devices to set-off
the bombs.
In early June, IPCA was asked by the FBI to provide expert advice
on “call-hopping” – a method of using one phonecard
to call another phonecard switch, and use the second phonecard to
call a third switch and then make the call to the desired destination.
The multiple CDRs generated are difficult to trace and particularly
difficult to trace expeditiously. According to Tom Truxton, a technical
expert with XO Communications, it is impossible to tell whether
a phonecard switch is carrying a call from another phonecard’s
switch.
The purpose of the new IPCA Committee on Prepaid Call Detail Record
Storage is not only to study the technology behind it, but to develop
an industry consensus on a possible new federal law to fight terrorism.
It doesn’t take the experience I have had in Washington to
predict that if we are faced with another attack of the magnitude
of 9/11, Congress will pass another anti-terrorism act. It may sound
cynical, but in fact it is prudent for us to be ready for what may
come next in the way of federal anti-terrorist law that affects
our industry. IPCA chairman Richard Harding put it this way, “IPCA’s
job is to help develop industry policy on future possible rules
and regulations related to federal anti-terrorism efforts as they
affect our business.”
If Congress is considering passing a new law, it will look to the
FBI and other agencies to make recommendations. And, some of those
recommendations may well include means of allowing law enforcement
faster access to prepaid CDRs.
At a recent breakfast sponsored by the IPCA, Glen Rogers, chief
of the FBI’s Communications Analysis Unit, spoke of the current
activities of his group in investigating terrorist groups, and reported
that prepaid phonecards have been implicated in almost all anti-terrorism
investigations his group has pursued.
No official has said specifically what might be requested affecting
the prepaid phonecard industry. But it is fair to guess what will
be on their wish list. And, it is also fair to say that Congress
will likely approve any reasonable request.
The IPCA Committee on Prepaid Call Detail Records considered a number
of alternatives, but it has given most attention to a centralized
database of prepaid CDRs. In other words, a database holding all
prepaid phonecard CDRs that could be subpoenaed to track calls made
with phonecards to and from various phones.
The question was, how could every prepaid phonecard issuer provide
CDRs? Technically, they could be emailed to a central database.
The chairman of the Technology Subcommittee, is Bruce Li, CTO of
Total Call International of Los Angeles. He pledged “a study
of what off-the shelf technology can do, a study of the costs and
practicality of various plans. We’ll also be exploring possible
technological answers to identifying all prepaid CDR owners –
every issuer.”
At one meeting, one member of the committee reported that, practically,
there was no prepaid phonecard switch that couldn’t be programmed
to set up a CDR file in a specific format, and email it to a central
data collection point. The chairman of the Legal and Enforcement
Subcommittee, Joe Goldberg, of the New York law firm of Bondy and
Schloss said, “We have a daunting task to research all relevant
laws, but we also have to propose a possible enforcement mechanism.
Clearly if a central database of prepaid CDRs is going to be required,
it has to have a near 100% conformance level.”
Legal issues include:
• Which entities might have access to any CDR collection,
and is it possible to restrict access to federal agencies working
to stop terrorism?
• Would this reporting system restrict the access to CDRs
only via anti-terrorism efforts?
• Would it avoid the issue that phonecard issuers would not
risk the liability of opponents in a lawsuit subpoenaing the central
prepaid CDR database for the CDRs from a given company?
The committee has discussed the issue as to which federal laws might
be modified to require such collection. Preempting that question
is the issue of enforcement. It is common knowledge in the prepaid
phonecard industry that few laws applying to prepaid phonecard issuers
are strictly enforced.
This spring, when Illinois was considering its recently adopted
law on phonecards, I spoke to the bill’s sponsor and before
we discussed the practicality of the bill, I asked whether or not
he had made provision for enforcement. I pointed out that when a
new phonecard law is passed, the common scenario is that the more-legitimate
companies will comply and bear the costs of the new rules. But,
less legitimate companies will not comply and the result will be
that they will have a competitive edge over the companies in conformance.
The less legitimate companies will not bear the costs of the new
rules.
Agencies that will be consulted include the FBI and the Federal
Communications Commission and others. IPCA has also consulted with
the Congressional Committee on Homeland Security chairman, Chris
Cox of California. At a dinner at the IPCA offices, Cox expressed
his willingness to assist, and designated one of his staff members
as liaison.
There will be regular meetings of the IPCA Prepaid CDR committee.
Chairman Dave Skogen of MCI Prepaid said, “Our panel will
work to develop a policy that the prepaid industry can live with
should the federal government impose requirements related to prepaid
call detail records.”
Because the prepaid wireless community is not adequately represented
on the Committee Skogen had decided that the panel would only seek
to provide recommendations for prepaid phonecards.
Key to success of the committee will be a consensus of major issuers.
IPCA has membership from most major phonecard issuers but it lacks
at least one major issuer. Skogen said, “I invite and welcome
questions and input from all members of the prepaid industry. In
addition, I welcome all members of IPCA to volunteer to serve on
our Committee and I urge others to join IPCA and this effort.”
The bottom line: phonecard issuers face a possible new rule that
will potentially impose considerable change on the industry.
•• Howard Segermark is Executive Director of the International
Prepaid Communications Association (IPCA). He can be reached at
howard@i-pca.org. Visit the
IPCA online at www.i-pca.org. | |
