By Ryan Whitwam
Recent concerns over the use of technology by terrorists has prompted a crusade in the government against encryption,
but a bill introduced by California Representative Jackie Speier looks
to close a different loophole. The bill, if passed, would require
retailers to get identification from anyone who buys a so-called
“burner” phone. Spier claims unregistered burner phones represent a
significant gap in law enforcement’s ability to investigate terrorism, drugs, and human trafficking.
In this context, we’re not only talking about the cheap burner phones you see in movies. The legislation also covers prepaid smartphones
and SIM cards. Right now, it’s possible to buy a prepaid phone for
cash, then load up on airtime without ever using a credit card or
showing an ID. The bill would require anyone purchasing such a product
to provide identification. If you’ve tried to purchase a decongestant
with pseudoephedrine in the last decade, the process will probably be
similar.
Suitable forms of identification for purchasing a prepaid
burner would include a federal or state ID, a W-2 tax statement, a form
1099, or any other official document deemed acceptable by law
enforcement. The end result is that buying a burner would mean your
name, address, and birth date would be entered into a database. This is
something law enforcement certainly wants, and it’s hard to deny that it
would make investigating crime easier. For example, the terrorists who
perpetrated the recent attacks in Paris used burner phones, not
encryption to plan their attacks. However, this bill is based on the
assumption that a significant portion of burner phones are sold to
criminals. In reality, that’s just not the case.
The scope of this bill, as previously mentioned, is wider
than those $10 flip phones you can get at drug stores. All those SIM
cards and budget-oriented phones sold on prepaid carriers are included
in the proposed crackdown. The lower price of the devices and service
means it’s mainly poor people buying these phones, not criminals. These
are also the people who are most likely to lack the identification that
would be needed to purchase burner devices under the proposed law.
Opponents of the bill, which was filed on March 23rd,
also cite the seeming futility of restricting pre-paid burner
purchases. There are numerous other ways for criminals to protect their
identities, including virtual burner phone apps, stolen phones, and
myriad encrypted communication services that would continue to operate
even if the government banned them. Not to mention, anyone with a
fraudulent or stolen ID could purchase a burner phone that is
essentially untraceable.
The bill hasn’t yet been passed out of the House Judiciary
Committee, but it’s only been a few days. This is the sort of thing that
could progress quickly if members of Congress suddenly feel the need to
show they are tough on terrorism.
Proposed bill would block anonymous sale of ‘burner’ phones in US
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