Opposition Mounts To Trump FCC Plan To Kill Burner Phone Anonymity, Ramp Up Surveillance

from the bad-ideas-by-bad-people dept

Last month I noted how the Trump FCC had unveiled a brand new plan to “stop robocalls.”

As with most efforts the proposal doesn’t actually do much to stop robocalls because a well-lobbied U.S. government (1) refuses to hold big companies accountable or collect fines, (2) constantly embraces weak rules that make telemarketers and debt collectors happy through endlessly loopholes scammers then exploit, and (3) has an unhealthy fixation with undermining regulators at the behest of large companies.

But buried in the Trump FCC plan was another new effort we mentioned: one that involves cracking down on burner phones by forcing telecoms (the ones bone-grafted to our domestic surveillance operations) to dramatically scale up the information they collect from consumers.

That’s… understandably raised concerns among privacy advocates and civil rights groups well aware that greater surveillance will be abused by the Trump administration and beyond. It also ignores that there’s often very good reasons why abuse victims, whistleblowers, journalists, refugees, and others might be seeking an anonymous prepaid burner phone, privacy advocate Eric Null told 404 media:

“To address the scourge of illegal robocalls, the FCC has unfortunately proposed to force every wireless subscriber in the nation to sacrifice their privacy and give up significant personal details before receiving or renewing a wireless line. While some carriers already collect such details, there are specific circumstances where a person may need privacy and anonymity when seeking a cell phone, including if that person is a victim of domestic violence, or is a journalist or whistleblower. This proposal represents a loss of privacy across the board, and from an agency whose remit includes protecting privacy. The FCC might let a few bad apples spoil the whole bunch.”

Anonymity is one of the rights guaranteed by the First Amendment. The EFF notes this also isn’t likely to really stop criminals from finding ways to communicate anonymously:

“This proposal by the FCC will do little to combat scams and robocalls, since most people doing that will have no trouble creating fake documentation or identities,” Cooper Quintin, security researcher and senior public interest technologist with the Electronic Frontier Foundation (EFF), told 404 Media. “Given this administration’s crackdown on free expression, protest, immigrants, and women’s health we have trouble seeing this as a bold attack on freedom of communication. They want to take away our ability to make an anonymous phone call.”

So, in short, it won’t actually stop robocalls or criminal activity, but it will harm people who need anonymous communications tools to survive, and it will almost certainly lead to greater surveillance abuses by America’s corrupt, authoritarian government.

One plus side: the rules aren’t official yet. The FCC’s proposed plan is open to public input until June 25. You can file an express comment here; (the specific proceeding discussing new prepaid phone restrictions is 13-97).

Filed Under: anonymity, brendan carr, burner phones, civil rights, eff, fcc, free speech, privacy, surveillance, telecom