Your Cellphone Is Spying on You

How the surveillance state co-opted personal technology

Big Brother has been outsourced. The police can find out where you are, where you’ve been, even where you’re going. All thanks to that handy little human tracking device in your pocket: your cellphone. 

There are 331 million cellphone subscriptions—about 20 million more than there are residents—in the United States. Nearly 90 percent of adult Americans carry at least one phone. The phones communicate via a nationwide network of nearly 300,000 cell towers and 600,000 micro sites, which perform the same function as towers. When they are turned on, they ping these nodes once every seven seconds or so, registering their locations, usually within a radius of 150 feet. By 2018 new Federal Communications Commission regulations will require that cellphone location information be even more precise: within 50 feet. Newer cellphones also are equipped with GPS technology, which uses satellites to locate the user more precisely than tower signals can. Cellphone companies retain location data for at least a year. AT&T has information going all the way back to 2008.

Police have not been shy about taking advantage of these data. According to the American Civil Liberties Union (ACLU), U.S. law enforcement agencies made 1.5 million requests for user data from cellphone companies in 2011. And under current interpretations of the law, you will never find out if they were targeting you. 

In fact, police no longer even have to go to the trouble of seeking information from your cell carrier. Law enforcement is more and more deploying International Mobile Subscriber Identity locators that masquerade as cell towers and enable government agents to suck down data from thousands of subscribers as they hunt for an individual’s cell signal. This “Stingray” technology can detect and precisely triangulate cellphone signals with an accuracy of up to 6 feet—even inside your house or office where warrants have been traditionally required for a legal police search.

Law enforcement agencies prefer not to talk about cellphone tracking. “Never disclose to the media these techniques—especially cell tower tracking,” advises a guide for the Irvine, California, police department unearthed by the ACLU in 2012. The Iowa Fusion Center, one of 72 local law enforcement intelligence agencies established in coordination with the Department of Homeland Security, distributes a training manual that warns, “Do not mention to the public or media the use of cellphone technology or equipment to locate the targeted subject.” The ACLU translates: “We would hate for the public to know how easy it is for us to obtain their personal information. It would be inconvenient if they asked for privacy protections.”

Ubiquitous cellphones, corporate acquiescence, stealthy new surveillance technologies, and unchecked police intrusiveness combine to produce a situation where the government can pinpoint your whereabouts whenever it wants, without a warrant and without your knowledge. The courts have largely punted on this issue so far. But should carrying convenient communications technology mean that we give up our right to privacy?

Panopticon Rising

Back in the 18th century, architect Samuel Bentham designed a building in which every occupant would be perpetually observable by a hidden inspector located in a central tower. His brother, philosopher Jeremy Bentham, dubbed the building the Panopticon (literally, “all seeing”) and argued that widely adopting it could solve most of society’s ills. “Morals reformed—health preserved—industry invigorated—instruction diffused—public burthens lightened—Economy seated, as it were, upon a rock—the Gordian knot of the poor-law not cut, but untied—all by a simple idea in Architecture!” Bentham enthused. The occupants of the Panopticon, not knowing if they were in fact being observed, would come to assume constant surveillance and eventually “watch themselves.” No actual inspector needed. 

More than 200 years later, geographers Jerome Dobson from the University of Kansas and Peter Fisher from the University of Leicester took the concept of the Panopticon to the next level. In a 2003 article in IEEE Technology and Society Magazine, the two ominously predicted “geoslavery,” defined as “a practice in which one entity, the master, coercively or surreptitiously monitors and exerts control over the physical location of another individual, the slave.” In their most lurid scenario, the master would be able to constantly monitor his slave’s location and, if he wasn’t where he was supposed to be, remotely administer an electric shock to get him back in line. Although no one has offered an electric shock app for cellphones yet, private companies like PhoneSheriff and FlexiSPY offer cellphone software that enables parents and spouses to secretly monitor others’ contacts, conversations, and locations. As creepily invasive as private surveillance is, however, it’s far worse for our civil liberties that surreptitious tracking by law enforcement has so dramatically increased since 2003. How free would you feel if you thought there was a good chance the cops were monitoring your movements? 

“The reason that the Panopticon will slip into the modern world is because it offers so many benefits, as Bentham argued,” Dobson tells me. “The downsides will become apparent only after we’ve been seduced by the benefits.”

Stephanie Pell, former counsel to the House Judiciary Committee, and Christopher Soghoian, a senior policy analyst and chief technologist at the ACLU’s Speech, Privacy, and Technology Project, argue in the Spring 2012 Berkeley Technology Law Journal that “the presence of modern surveillance mechanisms, visible and imperceptible, public and private, promotes the ‘Panoptic effect’—a general sense of being omnisciently observed.” Pell and Soghoian argue that awareness of the state’s Panoptic “gaze” becomes coercive: We act differently if we believe we are being watched. Individual freedom requires the ability to avoid the judging gaze of others, especially agents of the state. “As modern location surveillance techniques increase in precision and their pervasive distribution throughout society becomes known,” write Pell and Soghoian, “people become increasingly aware of, and potentially influenced by, a palpable sense of the omniscient gaze similar to that produced by the design of Bentham’s” Panopticon. 

Somebody’s Watching

“Awareness that the Government may be watching chills associational and expressive freedoms,” wrote U.S. Supreme Court Justice Sonia Sotomayor in U.S. v. Jones, a 2012 case dealing with warrantless GPS tracking. Sotomayor added that such unfettered tracking “may alter the relationship between citizen and government in a way that is inimical to democratic society.” Dobson asks: “What happens if you create a society in which nobody can do anything wrong, never step out of line or go off the path? Would that be the same self-motivated society we have today?” Watched citizens are tantamount to prison inmates; they just roam a larger cage. 

“Privacy is rarely lost in one fell swoop,” writes George Washington University law professor Daniel Solove in a May 2011 Chronicle of Higher Education essay. “It is usually eroded over time, little bits dissolving almost imperceptibly until we finally begin to notice how much is gone.” Solove suggests that privacy will be lost slowly at first, as many people shrug when the government begins to monitor incoming and outgoing phone numbers. After all, they’re just phone numbers. Each increase in government spying—recording selected phone calls, installing video cameras in public spaces, surveilling via satellite, tracking bank transactions, compiling records of Internet searches—is shrugged off as a minor intrusion. “Each step may seem incremental,” Solove warns, “but after a while, the government will be watching and knowing everything about us.” 

Solove points out that awareness of pervasive surveillance not only affects how citizens go about their lives (how they express themselves, with whom they associate); it also skews the balance of power between individual citizens and government bureaucracies. As the size and scope of government grows, bureaucratic mistakes become more common and harder for citizens to correct. Putting limits on government surveillance is therefore a way to prevent the government from doing wrong to its citizens. 

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  • Paul.||

    “Morals reformed—health preserved—industry invigorated—instruction diffused—public burthens lightened—Economy seated, as it were, upon a rock—the Gordian knot of the poor-law not cut, but untied—all by a simple idea in Architecture!”

    Sounds like your garden-variety progressive...

  • fish||

    P h o n y is somewhere....and he's fully turgid! Well as turgid as his fuzzy sock puppety goodness allows.

  • Zeb||

    I don't have a cell phone. So I guess I win.

    Am I the only one?

    I really just don't want people to be able to call me wherever I am. And they don't work at my house.

  • Paul.||

    I really just don't want people to be able to call me wherever I am.

    As a long-time cell phone owner, I can assure you there's a method for dealing with this (involves caller-id, off buttons and/or silent modes)... unless of course you're like my ex-wife who couldn't stand an unanswered phone. Then the problem is really yours, not that of a cell phone.

  • CE||

    Except that even when the cell is turned off, they can track you, and listen in on your microphone.

  • Zeb||

    Yeah, that all sounds good, but then next thing I know I'm one of those assholes standing in the street talking on the phone.

    Mostly, I just don't feel like I'm missing anything by not having one, so why bother getting one. Since it doesn't work at my house, I can't replace my land line, so it would be just another expense. There are probably about two times a year when I wish I had one.

  • GroundTruth||

    No, you are not the only one.

    (Well, OK, I have one in the glove compartment shut off, and only fire it up if I need help, at which point I actually want to be found. But the rest of the time, the silly thing is powered down.)

  • Scarecrow Repair||

    I have mixed feelings about this. What upsets me is not that the information is available but that the police get it and we don't. The info can't be bottled up. No legislation would ever convince me the government didn't have back door access one way or another.

    What I want is for this info to be available to everybody. I want to know where the cops are, the politicians, all the busybodies who have access to the information now through dubious legalities. I'd also like to know who has been accessing my information, but again, no legislation would ever convince me that the statist snoops didn't have back door access that I'd never learn about.

  • CE||

    Yeah, so why did it take so long for Carrie to toss Brody's phone? And why was no one looking for her car? Shouldn't she have had a used car handy that she paid cash for?

  • Fish999||

    People ask why I have Big Brother as my background on my phone. I tell them its a little reminder that at any time we are all being watched.

  • RussianPrimeMinister||

    Nobody, not the police, FBI, CIA, DEA, ATF, NSA, DHS, or anybody else working for our government should ever have access to this data.

    This is a blatant abuse of my personal privacy. End of story.

  • 4tehsnowflakes||

    Good article. You'd think more politicians would realize that a surveillance state affects them as well. When they are in the minority, how sure can they be that the majority party won't misuse its access to win political battles?

    A responsible journalist like Mr. Bailey can't engage in idle speculation, but we can, so I'll say it again. The technology exists to take over mobile devices remotely and transmit surreptitiously recorded sounds and images. I am waiting for the revelation that this kind of surveillance has been used by government agents in the US. Maybe even that would not be alarming enough to make more people demand a change.

  • Flatulent Monkey||

    This data that your phone is transmitting every so often is not sent in order to enable some Orwellian surveillance state, it is sent in most cases to ensure that the device in question can in fact communicate with the network. I don't have a problem with companies warehousing users' data, they, I would imagine, use this data to determine where they need shift resources to better serve their customers and I am sure that buried somewhere in the EULA there is a clause that covers this. That said, LEO access to this data as it relates to a criminal suspect does need to be subject to the same Fourth Amendment protections.

    This is an interesting subject for privacy law, are strings of numbers broadcast in the clear by a mobile device used primarily for network house keeping constitutionally protected? Is there an expectation of privacy?

  • Flatulent Monkey||

    I also would be curious as to where this 150 foot number comes from. That seems to imply that the network can triangulate your location, I don't think this is the case. I believe your phone can only "talk" to one tower at a time and these towers do not really give you a line of bearing either. It would seem that the accuracy of the location derived from these pings would necessarily vary wildly depending on the density of the network infrastructure.

  • Henry||

    "Believe?" Belief is only for when no rational data is available. Not bothering to seek out the data doesn't qualify.

    http://searchnetworking.techta.....angulation

    Your phone can only "have a conversation" with one tower at a time, but that doesn't prevent other towers from "overhearing" your phone, even when it's idle.

    True, if there is only one tower in an area (like a rural location) no triangulation is possible. But those places shrink every year.

  • wanderlustmisfit||

    fuck the government. the corruption is going to burn, baby, BURN!

    Hope you have a nice day tracking my internet presence, officers.

  • Henry||

    “the cost of notifying 200 people will presumably be greater than that of notifying only 20…"

    Classified ad, to be printed and ignored with all of the other "John bought a business license" ads.

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