T-Mobile faces heat after handing over 10,000 call and text records to the government

T-Mobile gave a journalist's phone records to the government without informing her.

t-mobile journalist data Minnesota government
It could have said no. | Image by Vox
0
T-Mobile has landed in a legal gray area and public relations hot water. 

The US government is currently prosecuting around 40 activists who protested an Immigration and Customs Enforcement action outside a Minnesota church in January. As part of its investigation, the government is aggressively gathering data on those involved. But while Google didn't comply with the government's request, T-Mobile fell right in line. That isn't going over well.

Digging deep



The government has been ruthlessly pursuing what it views as rogue agitators standing in the way of its immigration crackdown. The administration is using administrative subpoenas that don't require a judge to sign off to obtain information. The defense lawyers have criticised it for weaponizing a law (19 U.S.C. 1509) designed for customs investigations, such as imports and duties, not for domestic criminal investigations.

This legal maneuver was used to obtain data on the likes of reporter Georgia Fort. Judges previously said there wasn't any evidence of her committing the crimes the government wanted to charge her with.

The government used administrative summonses to attempt to obtain data on Fort held at Google and T-Mobile.

What should have T-Mobile done?
5 Votes

Could have said no


The government successfully used customs summonses to get its hands on six months' worth of data belonging to Fort from T-Mobile, including 10,000 call and text message records. This was a log of communications, not actual content. It could still compromise a journalist and allow the government to get to confidential sources.


Recommended For You
Some journalists pointed out that the carrier wasn't obligated to do so.

Google didn't comply with a similar order because it believed that doing so would violate the Stored Communications Act. This federal law protects the privacy of stored communications held by service providers. Google held its ground and demanded evidence of how the investigation was related to a customs investigation.

Some experts believe domestic situations are outside of 19 U.S.C. 1509's scope.

Fort was not informed about the request for her records, nor was she given a chance to block the effort.
Here's why T-Mobile wouldn't want to get on the government's bad side:

T-Mobile has its reasons


T-Mobile says that it was simply adhering to the law and continues to take customer privacy seriously.


The government has also used 1509 summonses to get social media companies and financial services to hand over data on users.

The administration says it's well within its rights to use the summons to collect information on potential assailants. It claims that Section 1509 isn't limited to customs duties and taxes and could be used to ensure compliance with any Customs Service laws.

Damned if you do, damned if you don't


Since there is contention over what the 1509 law entails, T-Mobile has some legal cover for not pushing back like Google did. Besides, the company wouldn't want to piss off the government while it's actively looking to expand its fiber footprint with mergers.

However, some may see this as a violation of the Fourth Amendment, which protects citizens from unreasonable searches by the government.

Even if T-Mobile was going to comply, it was unbecoming of the company not to notify Fort and instead keep her in the dark. After all, according to The Guardian, companies are free to ignore 1509 summons.
Six-month unlimited plan is now 57% off
$90
$210
$120 off (57%)
Mint Mobile is now allowing you to get whichever plan you like for either three, six, or 12 months for just $15/mo. If you go for the six-month unlimited service, for instance, you'll now have to pay just $90 upfront instead of $210.
Buy at Mint Mobile
Recommended For You
COMMENTS (0)