Wireless Carriers Respond To Privacy Concerns

The nation’s 8,300 public safety answering points (PSAP) generate an average of 630 requests each day for cellular subscriber information, according to data gathered by U.S. Rep. Edward Markey in response to his privacy concerns. However, that figure is swamped by at least 3,200 other daily requests for information from law enforcement agencies using subpoenas and search warrants. Markey sent letters to the nation’s major wireless carriers after he read an article in The New York Times about how cellular handsets are tracked by law enforcement agencies, and mostly without any judicial oversight. “We cannot allow privacy protections to be swept aside with the sweeping nature of these information requests, especially for innocent consumers,” Markey wrote. He asked the carriers to respond to several questions, including the policies and procedures for providing information to law enforcement agencies. All responded that they do require a valid subpoena or search warrant for subscriber information, except in cases where the Federal Communications Commission (FCC) allows the release of information when there is the possibility of death or serious physical injury. Only AT&T Wireless and U.S. Cellular provided specific numbers for PSAP requests. However, their figures provide guidance to calculate an estimate of total PSAP requests of about 233,000 a year, or about 18 percent of the total requests from law enforcement. Download (pdf) the carriers’ response letters to Market and view a chart after the break.

The National Emergency Number Association (NENA) estimates that about 240 million 911 calls are made annually, with about one-third made from cellular phones. Based on these figures, less than 0.2 percent of 911 calls require a public safety dispatcher to obtain a subscriber’s information in order to handle the call.

This chart of AT&T Wireless and U.S. Cellular PSAP information requests show how PSAPs are increasingly requiring information about subscribers. Most requests are made when a 911 calltaker hears sounds indicating an exigent circumstance, but cannot locate the caller using the Phase I or II features of the 911 network.

Only AT&T Wireless and U.S. Cellular provided specific PSAP request data to Rep. Markey.