Cops to Congress: We need logs of Americans’ text messages

by Declan McCullagh, cnet.com  |  published on December 4, 2012

AT&T, Verizon Wireless, Sprint, and other wireless providers would be required to record and store information about Americans’ private text messages for at least two years, according to a proposal that police have submitted to the U.S. Congress.

CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement “can hinder law enforcement investigations.”

They want an SMS retention requirement to be “considered” during congressional discussions over updating a 1986 privacy law for the cloud computing era — a move that could complicate debate over the measure and erode support for it among civil libertarians.

As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as “staggering.”

Chuck DeWitt, a spokesman for the Major Cities Chiefs Police Association, which represents the 63 largest U.S. police forces including New York City, Los Angeles, Miami, and Chicago, said “all such records should be retained for two years.” Some providers, like Verizon, retain the contents of SMS messages for a brief period of time, while others like T-Mobile do not store them at all.

Along with the police association, other law enforcement groups making the request to the Senate include the National District Attorneys’ Association, the National Sheriffs’ Association, and the Association of State Criminal Investigative Agencies, DeWitt said.

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