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Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

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Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#21

Post by ransackdev »

ianlevesque wrote: post #17
ransackdev wrote: post #15

Earlier quoted context omitted.

I’ve been asking where the hell these companies are getting our data to begin with for awhile because it has to be through shady means, even if technically legal. Tracking a user and selling that data should not be able to be slapped deep down in some TOS that grants intrusion into your life at that level. I wish laws would be changed to require explicit tracking requests for this type of data, that has to be conspic…

The answer is in the comment you replied to, "directly from telecommunications services providers".

Still doesn’t answer my question of where my PII was acquired.

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#22

Post by gruez »

public_defender wrote: post #9
gruez wrote: post #3

Earlier quoted context omitted.

>He'll probably get 6 months probation That's the standard for most first time, non-violent offenses.

> That's the standard for most first time, non-violent offenses In what country?

US, as per federal sentencing guidelines[1]:

* baseline offense level of 9 [2]

* -2 adjustment for acceptance of responsibility[3]

* That gets you an offense level of 7, which puts him in the 0-6 months band[4], making him eligible for probation[5].

IANAL but all of this is for offenses that make it to trial. If there's plea bargaining involved the sentences are probably even lighter.

[1] https://www.ussc.gov/guidelines/2021-guidelines-manual-annot...

[2] https://www.ussc.gov/guidelines/2021-guidelines-manual/annot...

[3] https://www.ussc.gov/guidelines/2021-guidelines-manual/annot...

[4] https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...

[5] https://www.ussc.gov/guidelines/2021-guidelines-manual/annot...

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#23

Post by jhelps »

runlevel1 wrote: post #10

It's disturbing how much this information is sold and resold: * Securus purchased the location data from 3Cinteractive Corporation, which was located in Boca Raton, Florida. * 3Cinteractive Corporation, in turn, purchased such data from Technocom Corporation (doing business as LocationSmart), which was located in Carlsbad, California. * Technocom Corporation (doing business as LocationSmart) purchased this data direc…

The cellphone companies have been selling the realtime location of all subscribers since at least 2018. It doesn't depend on whether you have location enabled either, since it figures out your location from the towers! On top of that, one of them had an unauthenticated API, meaning anyone in the world could track the realtime location of any US phone #[0].

If all of this bothers you, contact your state legislators. Most state privacy laws don't protect against ISPs selling your location & browsing info, even though that would be the common expectation. Maine's law is simple and does a good job[1][2].

0: https://www.wired.com/story/locationsmart-securus-location-d...

1: https://www.natlawreview.com/article/maine-s-new-internet-pr...

2: Maine's law survived a federal challenge, and ISPs have dropped their appeals: https://www.mediapost.com/publications/article/377285/broadb...

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#24

Post by mcculley »

ransackdev wrote: post #21
ianlevesque wrote: post #17

Earlier quoted context omitted.

The answer is in the comment you replied to, "directly from telecommunications services providers".

Still doesn’t answer my question of where my PII was acquired.

I don’t understand your question. Your telecom provider has your PII.

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#25

Post by public_defender »

gruez wrote: post #22
public_defender wrote: post #9

Earlier quoted context omitted.

> That's the standard for most first time, non-violent offenses In what country?

US, as per federal sentencing guidelines[1]: * baseline offense level of 9 [2] * -2 adjustment for acceptance of responsibility[3] * That gets you an offense level of 7, which puts him in the 0-6 months band[4], making him eligible for probation[5]. IANAL but all of this is for offenses that make it to trial. If there's plea bargaining involved the sentences are probably even lighter. [1] https://www.ussc.gov/guideli…

This seems correct regarding this person and this conduct, but I disagree that this type of penalty is "the standard for most first time, non-violent offenses."

Federal cases are a small percentage of total criminal prosecutions, and penalties vary widely across the country.

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#26

Post by wildrhythms »

ransackdev wrote: post #15
runlevel1 wrote: post #10

It's disturbing how much this information is sold and resold: * Securus purchased the location data from 3Cinteractive Corporation, which was located in Boca Raton, Florida. * 3Cinteractive Corporation, in turn, purchased such data from Technocom Corporation (doing business as LocationSmart), which was located in Carlsbad, California. * Technocom Corporation (doing business as LocationSmart) purchased this data direc…

I’ve been asking where the hell these companies are getting our data to begin with for awhile because it has to be through shady means, even if technically legal. Tracking a user and selling that data should not be able to be slapped deep down in some TOS that grants intrusion into your life at that level. I wish laws would be changed to require explicit tracking requests for this type of data, that has to be conspic…

Our gerontocracy is unprepared to deal with issues related to technology and privacy. I don't think these data brokers need to hide at all. We already see how legislators (failed to) comprehend issues related to technology in the many of unproductive congressional hearings over the past few years (Google, Tiktok, Twitter, Facebook... all brought before congress with nothing to show for it now). I think issues of technology and privacy are moving too fast for our gerontocracy to possibly keep up.

And I think our legislators show their ass in the case of the Tiktok hearing; effectively stating oh it's fine if the data is being bought and sold by a US company (Oracle).

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#27

Post by ransackdev »

mcculley wrote: post #24
ransackdev wrote: post #21

Earlier quoted context omitted.

Still doesn’t answer my question of where my PII was acquired.

I don’t understand your question. Your telecom provider has your PII.

I’d like a definitive list which contains the source for each piece of data, the means that source acquired it, when they acquired it, and proof of my consent for it to be collected, stored, and sold to other parties who then sell it off to the highest bidder.

“It came from teleco companies” is not due diligence enough for me, and it shouldn’t be for you. That answer isn’t an answer and the lack of accountability is how the companies continue to violate our right to privacy and flourish.

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#28

Post by tourmalinetaco »

vjk800 wrote: post #16
matheusmoreira wrote: post #12

Earlier quoted context omitted.

People who are drunk on power subscribe to the "ask for forgiveness, not permission" philosophy. They think everything they do is right and just. They cannot understand or even believe people would not trust them and see the conditional as a pointless hindrance, bureaucratic red tape meant to stifle upstanding people like them.

Also, the system doesn't really penalize this philosophy. Try to do everything by the book and you find that you can't really get anything done. Cut some corners, you get shit done and, in the worst case, you get a mild slap on the wrist several years later.

And completely break down some walls, injuring others in the process? Get a promotion, and if caught just move somewhere else to do the same thing over again.

Re: Deputy US Marshal pleads guilty to obtaining cell phone location unlawfully [pdf]

#29

Post by ransackdev »

wildrhythms wrote: post #26
ransackdev wrote: post #15

Earlier quoted context omitted.

I’ve been asking where the hell these companies are getting our data to begin with for awhile because it has to be through shady means, even if technically legal. Tracking a user and selling that data should not be able to be slapped deep down in some TOS that grants intrusion into your life at that level. I wish laws would be changed to require explicit tracking requests for this type of data, that has to be conspic…

Our gerontocracy is unprepared to deal with issues related to technology and privacy. I don't think these data brokers need to hide at all. We already see how legislators (failed to) comprehend issues related to technology in the many of unproductive congressional hearings over the past few years (Google, Tiktok, Twitter, Facebook... all brought before congress with nothing to show for it now). I think issues of tech…

If our legal system isn’t prepared to properly handle such things then it should default to being illegal to collect and sell data until the legislation is created to properly protect the rights of those who put them in office and pay their salaries.

The default of “you will be violated until we get to it, if we are able to comprehend it” is a dystopia I hadn’t imagined, yet here we are.

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