Centre for Policy Research

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Prepaid mobile phonesthe anonymity question
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part onedemand articulation
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Why you need a prepay cell phone

• Perfect for the credit challenged, since monthly
  billed plans require credit approval.
• No monthly service fees.
• No security deposits.
• No contract to sign.
• Better cost control.
• No need to disclose your real identity. In most
  cases, you can activate a pre-paid phone plan
  under the name Mickey Mouse if you wish. Rumour
  has it that this is a big hit with Mafiosi trying
  to remain anonymous!
• -Sales pitch from PrepaidCellPhoneGuide.com

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Prepaid is significant
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Worldwide 50 of all mobile phone customersnow
use prepaid, generating over 1/4 of the total
revenues in the global market.
From 2005 and beyond, at least 3/4 of the
totalmobile base will consist of prepaid users.
22 of Canadas mobile phone market is prepaid
(Q2 2004).
46 of Fido customers25 of Bell Mobility
customers18 of both Rogers and TELUS customers
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There is demand for regulation
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Pre-paid/pay-as-you-go cellphones, Internet
access cards, Internet cafés and Internet
facilities at public libraries allpose an
obstacle to law enforcement agencies because the
identity of the service user is easy to conceal
from law enforcement. In keeping with the
principle that no intercept safe havensbe
created, regulatory obligations should be
established in Canada requiring the
identification of users of prepaid communications
services and the maintenance of an
accuratesubscriber database by the service
provider. Lawful Access Submission from
Canadian Law Enforcement (2003)
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the lack of regulation of anonymous prepaid
telephone cards clashes with the need for law
enforcement agencies to have access to
telecommunications. 1995 European Council
Resolution on lawful interception
the Polish Ministry of Infrastructure
introduced a new obligationfor mandatory
identification of buyers of pre-paid GSM-cards.
Theproposal is brought as an anti-terrorism
measure. European Digital Rights, EDRI-gram
(Dec. 2004)
Removing the anonymous cards will be good for
the fight against criminals, said Police
President Jiri Kolar, adding that theanonymity
of callers often frustrated their
investigations. Prague Post, 24 Feb 2005
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The community now has confidence that crime is
not being facilitated through anonymous SIMs.
Especially at risk are crimes like stalking,
harassment, threats to interfere with
witnesses. Also that that law enforcement has
confidence in a database for emergency
calls. Executive from Australia telecom
industry (anonymous)
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There is opposition to regulation
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it is by no means intuitively obvious to a
reasonable memberof the general public that a
fixed address must be provided in orderto
receive mobile phone service. Resistance
therefore, is understandable, especially in light
of theheightened awareness of privacy rights and
concerns over the abilityof organizations to
protect personal data in the information age.
(Microcell Telecommunications Inc., 2001)
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Once theyve got records on all the cards in
use, the securityprocedures will be simple. If
theyve caught an Al Qaeda terroristand
discovered hes using a Swiss SIM, they can look
up the record of his address, then go and arrest
him. No, well try that again. When they
notice a suspicious pattern of usage, with calls
being made from suspicious locations like
Islamabad, Baghdad and Finsbury Park, they can
look up the address he filled in and go and
arrest him. No, were not sure that works
either John Lettice, writing in The Register
(2003)
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A identity requirement for prepaid raises the
spectre of convenience store clerks demanding and
recording - and then transmitting -peoples
sensitive personal information, such as drivers
license and credit card numbers, as a condition
of purchasing pre-paid phones or phone cards.
This would be a gross invasion of
privacy. Federal Privacy Commisioners Response
to Lawful Access Proposals in 2002
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part twoproblem formulation
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What is anonymity?
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Anonymity has to do with the non-coordination
or non-coordinatibility of the traits of a
person in and through social orders, that
is, in and through social relations and
locations. K. Wallace (1999). Anonymity,
Ethics and Information Technology
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Identity traits
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• Legal name
• Locatability
• Traceable pseudonyms
• Untraceable pseudonyms
• Patterned behaviour
• Social or physical attributes
• Symbols of eligibility/non-eligibility
• (G. Marx, 2001)

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• Legal name XX
• Locatability Vancouver
• Traceable pseudonyms XX
• Untraceable pseudonyms 447918101422
• Patterned behaviour daily call to London
• Social/physical attributes XX
• Eligibility/non-eligibility HSBC telephone
  banking

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part threealternatives
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Normative basis for policy
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An organization may collect, use or disclose
personal information only for purposes that a
reasonable person would consider are
appropriate in the circumstances. (Canada
PIPED Act, Section 5.3)
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Balanced policy options

• Call detail recording (CDR)
• Data retention
• Lawful access
• Opt-in for prepaid customers
• Industry self regulation

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Beyond prepaid?

• Regulation of technologies that support illegal
  activities
• Communications (WiFi cards, Internet appliances)
• P2P filesharing applications
• Digital recording devices (e.g., iPods, cameras)
• Proposed legislation in the USA
• When is registration legitimate?

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