How much are your private conversations worth to the government? Turns out, it can be a lot, depending on the technology.
In the era of intense government surveillance and secret court orders, a murky multimillion-dollar market has emerged. Paid for by U.S. tax dollars, but with little public scrutiny, surveillance fees charged in secret by technology and phone companies can vary wildly.
AT&T, for example, imposes a $325 “activation fee” for each wiretap and $10 a day to maintain it. Smaller carriers Cricket and U.S. Cellular charge only about $250 per wiretap. But snoop on a Verizon customer? That costs the government $775 for the first month and $500 each month after that, according to industry disclosures made last year to Rep. Edward Markey, D-Mass.
Meanwhile, email records like those amassed by the National Security Agency through a program revealed by former NSA systems analyst Edward Snowden probably were collected for free or very cheaply. Facebook says it doesn’t charge the government for access. And while Microsoft, Yahoo and Google won’t say how much they charge, the American Civil Liberties Union found that email records can be turned over for as little as $25.
Industry says it doesn’t profit from the hundreds of thousands of government eavesdropping requests it receives each year, and civil liberties groups want businesses to charge. They worry that government surveillance will become too cheap as companies automate their responses. And if companies gave away customer records for free, wouldn’t that encourage gratuitous surveillance?
But privacy advocates also want companies to be upfront about what they charge and alert customers after an investigation has concluded that their communications were monitored.
“What we don’t want is surveillance to become a profit center,” said Christopher Soghoian, the ACLU’s principal technologist. But “it’s always better to charge $1. It creates friction, and it creates transparency” because it generates a paper trail that can be tracked.
Regardless of price, the surveillance business is growing. The U.S. government long has enjoyed access to phone networks and high-speed Internet traffic under the U.S. Communications Assistance for Law Enforcement Act to catch suspected criminals and terrorists. More recently, the FBI has pushed technology companies like Google and Skype to guarantee access to real-time communications on their services. And, as shown by recent disclosures about the NSA’s surveillance practices, the U.S. intelligence community has an intense interest in analyzing data and content that flow through American technology companies to gather foreign intelligence.
The FBI could not say how much it spends on industry reimbursements because payments are made through a variety of programs, field offices and case funds. In an emailed statement, the agency said when charges are questionable, it requests an explanation and tries to work with the carrier to understand its cost structure.
To discourage extraneous requests and to prevent losing money, the industry turned to a section of federal law that allows companies to be reimbursed for the cost of “searching for, assembling, reproducing and otherwise providing” communications content or records on behalf of the government. The costs must be “reasonably necessary” and “mutually agreed” on with the government.
From there, phone companies developed detailed fee schedules and began billing law enforcement much as they do customers. In its letter to Markey, AT&T estimated that it collected $24 million in government reimbursements between 2007 and 2011. Verizon, which had the highest fees but says it doesn’t charge in every case, reported a similar amount, collecting between $3 million and $5 million a year during the same period.
Companies also began to automate their systems to make it easier. The ACLU’s Soghoian found in 2009 that Sprint had created a website allowing law enforcement to track the location data of its wireless customers for only $30 a month to accommodate the approximately 8 million requests it received in one year.
Most companies agree not to charge in emergency cases like tracking an abducted child. They also aren’t allowed to charge for phone logs that reveal who called a line and how long they talked because that information is easily generated from automated billing systems.
About the Author
