Friday, February 1, 2008

Will pre-paid phone limits aimed at crime fighting inadvertantly hurt poor Texans?

By Vince Leibowitz of Capitol Annex

State Sen. John Carona (R-Dallas), said during a news conference this week that he wants to file legislation to “go after” gangs by clamping down on pre-paid cell phone purchases:

Of course, this sounds like a good idea. We all want to clamp down on gang activity. However, there are two flaws. The first is in the statement above: “Unlike conventional phones, police are unable to trace conversations and determine ownership of so-called pre-paid phones…”

That isn’t 100 percent true. Calls made with a pre-paid cell phone, and pre-paid cell phone records can be subpoenaed just like every other cell phone record. Yes, tracing ownership may be more difficult, but you can still trace, using towers the calls bounce off, roughly where the calls are being made.

The second problem is this:

This is yet another hit on the poor. There are many poor Texans for whom pre-paid cell phones are their only means of communication, as they have either insufficient credit or no permanent address to actually obtain home telephone or regular cell phone service. In addition, the ID barrier will prevent many Texans who legitimately use pre-paid cell phones for communication from being able to get them. The argument here is similar to the one that goes with Voter ID.

It seems a bit of an overkill to require an ID to get a pre-paid cell phone. The same thing could be accomplished by requiring that pre-paid cell phone companies must collect the name of every person who buys their product in Texas, without the ID requirement. After all, if a gang member is going to use the cell phone for criminal purposes, then they’ll probably use a fake ID to purchase it anyway. And, what about the Internet? You can buy a pre-paid cell phone on the Internet. And, I’m not sure the Commerce Clause in the U.S. Constitution would allow the Texas Legislature to restrict the sale of pre-paid cell phones over the internet to Texas residents.

Clearly, it is no solution to this problem. It is just another thing that looks like a good crime fighting measure which really doesn’t amount to much.

Pegasus News content partner - Capitol Annex

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• Week-in-view: Won’t you be ours? (Feb. 7, 2008)

See more stories in:

• Politics and Government > Texas > State Government > Texas Legislature
• Poverty

Comments

Scott Doyle Verified

It seems a bit of an overkill to require an ID to get a pre-paid cell phone. The same thing could be accomplished by requiring that pre-paid cell phone companies must collect the name of every person who buys their product in Texas, without the ID requirement.

I'm sure gangsters obey the honor system at every opportunity.

At least online there's a record of the transaction - be it on a card or online account of some sort, so you could at least make the connection of what accounts they're buying phones from. Even if they're using a stolen account, I doubt they shotgun random mailing addresses to get 'em.

I'm not saying the legislation should go through...just sayin' let's be realistic. Obviously you're not straight gansta.

7 months ago ( Link to this comment | Suggest removal )

Billusa99 Anonymous

Only in Texas: have to buy a cell phone and be registered with it. But, you can buy a gun at a gun show, carry it in your glove box now, all is copacetic.

Corona is watching HBO's Wired too much.

7 months ago ( Link to this comment | Suggest removal )

OpusthePoet Anonymous

I don't want the gov't to know everything I say and do. Just because what I'm doing is legal and aboveboard today doesn't mean that it will always be that way in the future, and I don't want to just hand that information over to the "Man". Gov't should fear the people, not people the gov't.

7 months ago ( Link to this comment | Suggest removal )

Scott Doyle Verified

So...you're saying you'll be doing illegal things in the future, and the "Man" shouldn't be able to track your shadiness? Am I missing something?

7 months ago ( Link to this comment | Suggest removal )

DC Anonymous

It's called privacy.

7 months ago ( Link to this comment | Suggest removal )

Scott Doyle Verified

Right, but you're not exactly preventing something like this from being enacted if you're admitting to shadiness.

Counterproductive ITT.

I actually just like the term shady and its derivatives, so carry on.

This Carona character sure is getting his name out there on PegNews, though. I see what he did there.

7 months ago ( Link to this comment | Suggest removal )