| Electronic Fingerprints (call records) as Evidence By George Molczan |
Every time someone makes a telephone call, electronic fingerprints remain
scattered throughout the telephone network. Knowing how to locate, identify and
gather this high-tech evidence can aid in reconstructing events and track the
movement of individuals. Understanding how to work with telephone companies
can make it even easier.
Law Enforcement investigators and analysts know telephone companies can
provide call records or invoices for long distance calls placed from a subscriber
(suspect) line. What they may not be aware of, are the many other types of call
records that are available, where they are, and what to request when preparing a
subpoena or court order.
An abundance of evidence
Competition in the telephone industry has created an abundance of call records,
however, the typical subpoena /court order may not result in all records being
discovered and turned over. Most telephone company personnel are unaware that
call records, other than long distance records exist, where they are, or how to
locate them. Unlike investigations where trained Law Enforcement specialists
personally look for and gather evidence, Law Enforcement Agencies are
dependent on the telephone company personnel to look for and gather call
records. With a little technical knowledge and working with telephone companies
to locate, identify, and gather these electronic fingerprints can be worthwhile.
Where are these electronic fingerprints?
The best way to explain where call records (fingerprints) are scattered throughout
the telephone network is with an example of a call placed from a pay phone to a
cellular phone in another state. At a minimum these are the places call records
can be found and why the telephone companies generate them.
- With the pay phone provider. The pay phone provider uses the call
records for calculating commissions paid to the premises owners.
- With the local service provider. Call records are used to bill the long-
distance provider for routing the call to them. The telephone industry calls
this “Carrier Access Billing”. In plain English this means the local telephone
company charges long-distance carriers for allowing their customer to use
the local telephone network to access the long-distance network.
- With the long-distance provider. (The long-distance provider should be
posted on the pay phone). The long-distance provider uses the call records
for billing the pay phone provider.
- With the cellular service provider. The cellular provider uses call records
to bill the cellular subscriber for “Air Time” (or at least track it). They also use
the call records for billing the long-distance provider for terminating the call
as part of the Carrier Access Billing. In all cases a call should be traceable
by the terminating [called] telephone number.
Who to ask…
It is not uncommon to have twenty local and long-distance service providers in
communities with a population of less than 200,000. This in itself makes it difficult
to know which company to contact when attempting to locate call information.
When originating long-distance information for a subscriber’s line is needed,
serving a subpoena on the long-distance provider is sufficient, if you know which
company to serve. When an investigation requires originating and terminating,
local and long-distance call records for a subscriber line, it may be necessary to
serve both the local and long-distance service providers. Again the question is;
who are they?
Tips that can help identify local and long-distance service providers:
- To identify the local service provider, from the line in question call the
local service repair. The representative answering the call should identify the
company for which they are providing repair service.
- To identify the long-distance provider, from the line call 1-700-555-
4141. This is a commonly used number for identifying a subscriber’s long-
distance carrier.
Summary
Understanding where and why telephone companies generate call records equips
the investigator with a starting point to search for evidence. Knowing call records
generally have more useful information, as compared to the information provided
on a invoice, (see the "Telephone Co. Invoices Vs. Call Records).
Requesting call records in electronic format is always recommended.
___________________________
Copyright © 2005 George Molczan, all right reserved.
The information provided herein should not be considered as legal advice. The reader is
advised to seek legal counsel regarding use and/or application of call records or any
other information provided herein.
The information provided herein should not be considered as legal advice. The reader is
advised to seek legal counsel regarding use and/or application of call records or any
other information provided herein.
Last updated 11-18-05