* March 31, 2003
WASHINGTON-The terrorist attacks of Sept. 11, 2001, and
threats that followed have challenged law enforcement and
intelligence agents in the Bush administration to keep tabs on
suspects who rely on prepaid mobile phones and other
nontraditional means of wireless access to remain stealth and
anonymous.
Indeed, Swiss authorities reportedly have evidence that
senior al-Qaeda members tied to the deadly strikes against the
United States used mobile-phone cards bought in Switzerland
and made calls in Afghanistan and Pakistan. The case involves
the sale of Subscriber Identity Module cards, which plug into
GSM mobile phones and give consumers fixed amounts of calling
minutes. In Switzerland, no identification is required for the
purchase.
It is a vexing problem for security officials here and
overseas, given that terrorists are highly mobile, tech-savvy
and experts at hiding their identity. That is why prepaid
wireless phones are so attractive to terrorists. But the
problem is not limited to prepaid cell phones or even wireless
technology for that matter. Disposable phones can make
electronic surveillance difficult. But so can ordinary prepaid
long-distance cards and Web-based services such as e-mail,
chat rooms and message boards. No wonder then that the FBI's
presence at the Federal Communications Commission has grown in
recent years.
Since the mid-1990s, law enforcement has butted heads with
the cellular industry over implementation of the 1994
Communications Assistance for Law Enforcement Act. More
recently, the FBI has shifted its wiretap focus to packet
data, broadband networks and voice over IP.
While terrorists are believed to depend on a host of
technologies, wireless appears to be their technology of
choice. One of the first things CIA and Pakistani agents did
after arresting Khalid Shaikh Mohammed, the No. 3 al-Qaeda
operative who is suspected of orchestrating the Sept. 11
attacks, was to check his cell phone for phone numbers.
The USA Patriot Act of 2001 strengthened law enforcement's
ability to carry out wiretaps, but it did not overcome all the
hurdles in electronic surveillance. Worse, it created
controversy for the Justice Department and FBI. Changes to the
1978 Foreign Intelligence Surveillance Act, which now allows
greater information sharing among federal agencies, have
prompted loud protests by civil liberty groups and lawsuits.
CALEA is applicable to domestic criminal investigations, while
FISA governs wiretaps of suspected foreign agents. Critics
allege the Patriot Act has blurred the lines between the two
laws.
While much post-9/11 attention has been focused on how
terrorists could disrupt computer backbones of critical
infrastructure-telecom networks, electrical grids, water
utilities and railroads-U.S. officials are far more concerned
with how terrorists talk to each other.
"To date, terrorists have posed only low-level cyber
threats, but some organizations are increasingly using
information technology for communication," FBI Director Robert
Mueller told a House appropriations panel last Thursday.
A spokesman for Pakistan's Interior Ministry was quoted
recently as saying a new cyber crime division "will play a key
role in the days to come in tracing those terrorists who often
use the Internet or prepaid telephone cards to communicate
messages."
How are U.S. officials responding to surveillance obstacles
posed by pay-as-you-go mobile phones, prepaid cards and other
modern packaging of wireless access that gives terrorists and
criminals virtually anonymity?
In some cases, industry support is critical.
Howard Segermark, head of the International Prepaid
Communications Association, has worked with law enforcement
since the 2001 terrorist attacks to educate agents. "We can
help law enforcement if they don't know the name of a prepaid
company," said Segermark. From there, law enforcement can
acquire call detail records.
Such call information helped law enforcement link Timothy
McVeigh to the Oklahoma City bombing. It is unclear what
privacy rights are afforded prepaid callers.
But there are limitations. For example, law enforcement has
to know a suspect is using a prepaid card or a prepaid mobile
phone.
Some see prepaid wireless and prepaid cards as symptoms of
the larger inherent problem of running down well-trained
criminals and terrorists, whose business is to avoid
detection.
"There are astute criminals who will use technology to mask
their identity. It goes beyond prepaid," said Glenn Manishin,
a lawyer who represents the International Prepaid
Communications Association.
Michael Altschul, general counsel at the Cellular
Telecommunications & Internet Association, agreed. "This
is an issue that came up before 9/11. Prepaid is not an issue
unique to wireless."
As important a tool as wiretaps are to law enforcement,
surveillance still requires agents on the ground and human
intelligence.
Even Mueller, whose FBI is attempting to transform itself
with new technological tools to head off terrorism, conceded
there are limits to technology. "I don't believe technology
answers all questions, it is not the be-all," the FBI director
told
lawmakers. |