Further define data gathered by law enforcement arms in BOTH US and UK.

Signed-off-by: pterocles <hidden@anonymousplanet.org>
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pterocles 2022-09-24 11:52:17 -04:00
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@ -830,11 +830,21 @@ See [Appendix N: Warning about smartphones and smart devices]
### Your Cell-Site Location Information:
In *Carpenter v. United States*, <https://en.wikipedia.org/wiki/Carpenter_v._United_States> <sup>[[Wikiless]](https://wikiless.org/wiki/Carpenter_v._United_States)</sup>, a jury in the District Court for the Eastern District of Michigan convicted Timothy Carpenter of armed robbery. Wireless carriers produced CSLI for petitioner Timothy Carpenters phone, and the Government was able to obtain **12,898 location points over 127 days**. There were several findings regarding these data points, one of which concerned the privacy of cellphone subscribers and their data. These were pointed to in an article from Vice titled *["Revealed: US Military Bought Mass Monitoring Tool That Includes Internet Browsing, Email Data"](https://www.vice.com/en/article/y3pnkw/us-military-bought-mass-monitoring-augury-team-cymru-browsing-email-data)*, regarding Augury, which is designed to reveal historical subscriber data. Among others, it is a tool used by the U.S. Navy, Army, Cyber Command, and the Defense Counterintelligence and Security Agency (DCSA). Augury gathers a staggering amount of data about a subject, including a subscriber's CSLI. Certainly violates your Fourth Amendment rights - or so you would think? No, this is all covered by many Supreme Court rulings, and this is specific to the US but extends beyond borders. Australia, we see you.
Wireless carriers produce CSLI or [Cell Data Records](https://cyfor.co.uk/digital-forensics/call-data-record-analysis/) for phones. The Government is able to obtain **thousands** of location identifiers based on who was in a given area at a specific time or range of times. This includes:
"There are 396 million cell phone service accounts in the United States - for a nation of 326 million people. Cell phones perform their wide and growing variety of functions by connecting to a set of radio antennas called "cell sites." Although cell sites are usually mounted on a tower, they can also be found on light posts, flagpoles, church steeples, or the sides of buildings. Cell sites typically have several directional antennas that divide the covered area into sectors. Cell phones continuously scan their environment looking for the best signal, which generally comes from the closest cell site. Most modern devices, such as smartphones, tap into the wireless network several times a minute... Each time the phone connects to a cell site, it generates a time-stamped record known as cell-site location information (CSLI). The precision of this information depends on the size of the geographic area covered by the cell site. The greater the concentration of cell sites, the smaller the coverage area.
- Date of call
- Time of call
- Call duration
- Number making the call (originating)
- Number receiving the call (terminating)
- IMEI International Mobile Equipment Identity
- CI Cell site identity number
Wireless carriers collect and store CSLI for their own business purposes, including finding weak spots in their network and applying "roaming" charges when another carrier routes data through their cell sites. In addition, wireless carriers often sell aggregated location records to data brokers, without individual identifying information of the sort at issue here. ... Accordingly, modern cell phones generate increasingly vast amounts of increasingly precise CSLI. [Carpenter v. US, 585 U.S. 2018.](https://supreme.justia.com/cases/federal/us/585/16-402/)
This data was pointed to in an article from Vice, titled *["Revealed: US Military Bought Mass Monitoring Tool That Includes Internet Browsing, Email Data"](https://www.vice.com/en/article/y3pnkw/us-military-bought-mass-monitoring-augury-team-cymru-browsing-email-data)* regarding Augury, which is designed to reveal historical subscriber data. Among others, it is a tool used by the Navy, Army, Cyber Command, and the Defense Counterintelligence and Security Agency (DCSA) in the US. Augury gathers a staggering amount of data about a subject, including a subscriber's CSLI. But the UK spy agency GCHQ also has access to the subscriber information given the UK-US agreement made in the CLOUD Act: <https://www.justice.gov/dag/page/file/1153466/download>. At the end of the agreement, it is said this is "encryption neutral", but remember, this doesn't cover metadata, and that's what the governments around the world are heavily focused on. This makes tools like Augury a privacy blunder because it allows governments to warrantlessly gather minute-by-minute data on a user of any devices at any time in an area surrounding an investigation.
"Cell phones perform their wide and growing variety of functions by connecting to a set of radio antennas called "cell sites." Although cell sites are usually mounted on a tower, they can also be found on light posts, flagpoles, church steeples, or the sides of buildings. Cell sites typically have several directional antennas that divide the covered area into sectors. Cell phones continuously scan their environment looking for the best signal, which generally comes from the closest cell site. Most modern devices, such as smartphones, tap into the wireless network several times a minute. Each time the phone connects to a cell site, it generates a time-stamped record known as cell-site location information (CSLI). The precision of this information depends on the size of the geographic area covered by the cell site. The greater the concentration of cell sites, the smaller the coverage area."
Wireless carriers collect and store CSLI for their own business purposes, including finding weak spots in their network and applying "roaming" charges when another carrier routes data through their cell sites. In addition, wireless carriers often sell aggregated location records to data brokers, without individual identifying information of the sort at issue here. Accordingly, modern cell phones generate increasingly vast amounts of increasingly precise CSLI, which can easily be obtained, often without a warrant. [Carpenter v. US, 585 U.S. 2018.](https://supreme.justia.com/cases/federal/us/585/16-402/)
Given that cell phone users voluntarily convey cell-site data to their carriers as "a means of establishing communication," the court concluded that the resulting business records are not entitled to Fourth Amendment protection," [as decided June 22, 2018](https://www.law.cornell.edu/supremecourt/text/16-402) <sup>[[Archive.org]](https://web.archive.org/web/20220826042940/https://www.law.cornell.edu/supremecourt/text/16-402)</sup>