ANONYMOUS LOG-INS COULD LURE CRIMINALS.
By Sherman Hall
Internet service providers have generally offered Internet access for
a fee. Because ISPs wish to be paid, they collect subscriber information,
including names and addresses. Armed with a search warrant, law enforcement
has been able to identify suspects by tying this subscriber information
to an Internet Protocol (IP) address used to commit a crime.
With free Internet service, the wireless system provider wouldn't need
to collect user information. Users could access the Internet anonymously.
Those who choose to commit crimes on the Internet would do so knowing
law enforcement would have a difficult time finding them.
This unintended consequence of anonymous service should be avoided.
The answer is free Internet service with a user-registration requirement.
Registration would provide a deterrent to those who are emboldened to
break laws because they are anonymous. It would help the police solve
crime.
There are no studies that show anonymous Internet access leads to more
crime. The anecdotal evidence, however, can be found in another anonymous
communications device: the prepaid cellular telephone. Pre-paid cell
phones have been used to detonate bombs in Europe. Such a phone was
used in a recent high-dollar fraud case in San Jose. The suspect continued
to call the victim, knowing law enforcement could not track him.
To be sure, law enforcement may be able to follow other investigative
leads when subscriber information is unavailable. Law enforcement might,
for example, be able to seize the contents of an e-mail box visited
by a suspect, reviewing the contents for clues to the suspect's identity.
Such an approach can be more invasive to privacy than simply requiring
user registration.
As with existing ISPs, the government will not have unfettered access
to the wireless system's user information. Law enforcement will continue
to serve search warrants to seize user records. For those who are not
familiar, the process of obtaining a search warrant is necessarily arduous.
The steps include writing an affidavit and swearing to its truthfulness
before a judge. It consumes scarce investigative resources and is used
sparingly.
SHERMAN HALL is an Atherton Police Department detective. He wrote
this article for the Mercury News.