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NYPD Compiling a ‘Very Troubling’ Database of Call Logs From Stolen Phones

Nov. 27, 2012 1:57pm
NYPD Documents Reveal Thousands of Subpoenas to Obtain Call Logs From Stolen Phones, Including Some From the Victim

Police documents reviewed by the New York Times has revealed some information gathered by the NYPD of stolen phone logs has included some information of the victim’s calls. (Image: Shutterstock.com)

A report by the New York Times is revealing not only that the New York Police Department has been putting together a database of call logs from stolen phones, but also that the phone companies answering the police subpoenas are sometimes giving up more information than needed.

The Times reported that when a phone is stolen, police subpoena the phone company to obtain call records for that day and afterward in order to track communications of the thief. But the Times found that it’s sometimes not just the thief’s calls that are being given out — those of the victim are sometimes seen as well.Β Here’s how the Times explained it:

The subpoenas not only cover the records of the thief’s calls, but also encompass calls to and from the victim on the day of the theft. In some cases the records can include calls made to and from a victim’s new cellphone, if the stolen phone’s number has been transferred, three detectives said in interviews.

Whether phone companies include call records from the victim’s new phone depends on how quickly they get a new device and how many days of logs the subpoena asks for. The Times reported that police documents it reviewed showed call record requests can be for as long as two weeks, but one of the detectives they spoke with said the average is four days.

With police documents revealing thousands of subpoenas being made each year for call records from stolen phones — the department would not reveal an exact number housed in the database to the Times — lawyers the newspaper contacted expressed concern over the practice:

β€œIf large amounts of victim phone records are being collected and added to a searchable database, it’s very troubling,” said Michael Sussmann, a lawyer who represents wireless carriers, in a phone interview.

β€œWe’re all used to the concept of growing databases of criminal information,” Mr. Sussmann, of the firmΒ Perkins Coie, said, β€œbut now you’re crossing over that line and drawing in victim information.”

The Times reported it contacted the police department several times to obtain official comments but didn’t receive a response. It did note officials also declining to say if phone records obtained were used to help in investigations other than those regarding the phone theft.

The several decades oldΒ Electronic Communications Privacy Act, which allows communication records such as these to be obtained with a subpoena and not a court-issued warrant, will see a vote for revisions by the Senate Thursday. Senate Judiciary Chairman Patrick Leahy (D-Vt.) has said he is “committed” to increasing privacy protection of citizens’ communications in the revisions. Law enforcement and some Republicans are wary of how requiring a warrant could impact investigations.

The Times has even more details about the NYPD’s collection of phone logs and a legal perspective in the New York Time’s full article here.

Featured image via Shutterstock.com.Β 

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Comments (20)

  • christianUSA
    Posted on November 28, 2012 at 3:26am

    Opinion on 5 occasions been victimized by 5 different cops in different locations; after having my house robbed of large sized tools, like including vacuum cleaner; I saw that in was teen neighbor son who victimized our family; all things were by exterior door ways, after tell cop, who came out several days after I called, what and where then escorted the cop through my home, he went about opening small kitchen drawers, in refrigerator, small upper and large food cabinets looking at the large amount of emergency food stocks we had; week later this same cop came back because same neighbor, who had never been inside our home since we move in, claimed we had no food in the house for our children; at door I stated pointed out that he had just seen all large amount of food we had; he said he had to investigate; I demanded a warrant; he said he had none and put his hand on his gun tap it and said regardless we coming in. Strangely after this BS I asked if they look in the neighbor house for my stuff he said there was insufficient cause to search their house which they would find nothing because stuff would be sold by now anyway. A week later that neighbor came over with an insulting $5 gift apologizing for their robbing us and talked about her cop friends dropping over, they party regularly. My police buddies suggested getting shot guns. Sadly From this and other like perspectives yes having to get a warrant would have interfere with cops investigations of victims.

    Report this comment

    christianUSA  
  • Proverbs17-12NLT
    Posted on November 27, 2012 at 3:09pm

    cell czar

    Report this comment

    Proverbs17-12NLT  
  • truthsurfer
    Posted on November 27, 2012 at 2:53pm

    Low lifes stealing from low lifes. No story here.

    Report this comment

    truthsurfer  
  • TRILO
    Posted on November 27, 2012 at 2:51pm

    The bill Leahy is bringing up to supposedly protect people’s privacy is a sham. The bill also gives the government, police and government regulatory agencies the ability to search phone records without warrants.

    Never trust anything that the liars and cheats in dc do, especially if they profess to protect the American public.

    Report this comment

    TRILO  
    • naughtycal
      Posted on November 27, 2012 at 3:03pm

      The Leahy bill has been re-written to allow all Government agencies that deem the info. to be necessary to view e-mails and cell phone information.

      Report this comment

      naughtycal  
  • RJJinGadsden
    Posted on November 27, 2012 at 2:26pm

    Its Law And Order getting those LUDs!

    Report this comment

    RJJinGadsden  
  • TruckerClockWhoWantsIT
    Posted on November 27, 2012 at 2:24pm

    Chipping away daily our rights.

    Report this comment

    TruckerClockWhoWantsIT  
  • FaithfulFriend
    Posted on November 27, 2012 at 2:20pm

    Lock or swipe your andriod phone when lost or stolen and more: http://www.androidlost.com

    Report this comment

    FaithfulFriend  
  • HotFixIt
    Posted on November 27, 2012 at 2:19pm

    You mean they are actually taking reports on stolen phones and investigating them? Here you would do your own report on line and submit it.. that is about as far as it would go. If a phone should show up in the course of some other investigation and turn out to be yours.. that might get your phone back. Car accidents are mostly self reported unless someone is injured.

    Report this comment

    HotFixIt  
  • blackyb
    Posted on November 27, 2012 at 2:12pm

    Well, they better contact Bill Ayers and find out how to get new SS nos. and ID so they can have a fresh new start hand they not. Criminals have ways around the laws. If people want to break the law then they are not going to give a real ID–even to vote, now are they?

    Report this comment

    blackyb  
  • RaydocX
    Posted on November 27, 2012 at 2:11pm

    Locally the PD acts as if there is nothing to be done about ‘petty theft.’ No real evidence collection is pursued, including on car breakins where evidence would likely be left behind. In fact, they refused to pursue drivers filling and fleeing gas stations if the stations would not mandate pay in advance at the pumps.

    As such, I am amazed, and somewhat skeptical about the pursuit of cell phone theives in this manner. And I am curious as to the recovery and conviction rates, considering the time being invested on such and the information being obtained.

    Insure your phones. Back up your data. Use passwords and short intervals to auto lock. Remember, it’s a minimum of two minutes for ‘official response’ when something bad happens… During the act, you are on your own.

    Report this comment

    RaydocX  
    • Joe_The_Patriot
      Posted on November 27, 2012 at 2:18pm

      When Seconds count the police are minutes away…

      Report this comment

      Joe_The_Patriot  
    • christianUSA
      Posted on November 28, 2012 at 4:01am

      Find it unbelievable that they take time for recovery of cell phones; found no info online about recovery rates by police of cell phones. But logically with that much tracking info and that the person would Have to Know it is not their phone it would not be hard to find person and phone; but if that is not what happening then these phone and tracking records are for spying and general intrusion; that is disconcerting.

      Report this comment

      christianUSA  
  • progressiveslayer
    Posted on November 27, 2012 at 2:08pm

    So the police are collecting information on the victim as well as the perp what could possibly go wrong?
    sarc/off

    Report this comment

    progressiveslayer  

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