review articles
DoI: 10.1145/1965724.1965745
A private overlay may ease concerns
over surveillance tools supported by
cellular networks.
BY STEPhEn B. WICKER
Cellular
Telephony
and the
question
of Privacy
Justice Brandeis wrote this warning
when all telephones were wired and
dedicated solely to speech communication. Since then we have witnessed
the development of cellular technology
and the convergence of a wide variety
of functions onto the cellular platform.
The combination of mobility and data
services has led cellular technology to
play an increasingly important role in
economic and social networks, from
forming the basis for new markets to
facilitating political action across the
globe. It is thus critical to recognize
that cellular telephony is a surveillance
technology that generates a vast store
of personal information, information
that has become a focus for law enforcement and marketing. The subsequent use of the collected data, both
overt and covert, affects the use of cellular technology, as well as the individuals who use it and the society in which
it has become ubiquitous.
In this article, I review how the
courts have attempted to balance the
needs of law enforcement and marketers against the privacy rights of individuals. The social science literature
on the impact of surveillance on the
individual and on society is surveyed
and then applied to the specific case
of cellular telephony. I conclude with
a closer look at the mechanics of cellular data collection and a demonstra-
the eViL inCiDent to invasion of the privacy of the
telephone is far greater than that involved in tampering
with the mails. Whenever a telephone line is tapped, the
privacy of the persons at both ends of the line is invaded,
and all conversations between them upon any subject,
and although proper, confidential, and privileged,
may be overheard. Moreover, the tapping of one man’s
telephone line involves the tapping of the telephone of
every other person whom he may call, or who may call
him. As a means of espionage, writs of assistance and
general warrants are but puny instruments of tyranny
and oppression when compared with wiretapping.
Justice Louis Brandeis, Dissenting opinion
Olmstead v. United States, 277 U.S. 438 (1928)
key insights
The consolidation of all major forms of
modern electronic communication onto
the cellular platform and the ubiquity
and power of the cellular platform have
led to major changes in personal and
social dynamics, political action, and
economics. It is thus vitally important
to recognize that cellular telephony is a
surveillance technology.
Professionals interested in the design and
deployment of cellular technology will
receive an overview of the current legal
status of cellular databases, as well as
the impact of the use of this data on the
individual and society.
A “private overlay” will allow cellular
subscribers to enjoy the same user
experience without providing private
information.
