Cell Phone Ping - Is it Legal?
Usually the information is provided by the cellular provider and you have to have an account with them. In 911 systems the location is broadcast with the call. If a bad guy is carrying a cell phone the phone is constantly sending signals to the closest cell tower, even if the phone isn't in use. The location of the cell tower will tell you that the person is within a certain range. When the person moves they can be tracked by which cell towers the signal is bouncing to.
Now cell phones come with GPS so your exact location can be traced. Even when your phone is turned off!! Also, the phones can be used as a listening device. It can be activated via a cell phone tower and law enforcement can listen to everything said within range of the cell phone. The phone doesn't even have to be turned on. It's like you are carrying around a microphone (see my blog titled "Is Your Cell Phone Bugged").
Many ways of listening to people are being developed and put to use right under our noses. ONSTAR has been used to listen in on criminals by law enforcement. the microphone for ONSTAR in your car can be activated remotely so your conversation in the car can be listened to.
If you want to remain anonymous with a cell phone use a prepaid phone and don't send in your information for a mail in rebate. Because the phone will then be registered to your name. If nobody knows your phone number or ESN (electronic serial number) then they can't trace your phone by cell towers. And definitely not by GPS. As for the ONSTAR, well, most people in the know disconnect it. Cable boxes are also being used to listen in on people in their homes. The signal is sent over the same coax cable to the head-end where a server records you conversations if you have been targeted.
But, back to Pinging a phone, it's finding out what cell tower grid the phone is in so a person can be located. The ESN or phone number of the cell phone needs to be known. The cell phone provider can provide this information but you have to be allowed to have it, meaning you can get it if you are LEO (law enforcement officer), government agency and have a subpoena.
On January 12th 2007 President Bush signed H.R. 4709 The Telephone Records and Privacy Protection Act of 2006. It is now illegal to sell, transfer, or possess confidential phone records. Confidential phone records are defined in the act as: information relating to the the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a phone company.
The Telephone Records and Privacy Protection Act of 2006 also includes an "Extraterritorial Jurisdiction" clause which prohibits foreign companies from selling or reselling any telephone records.
According to this law, the Cell Phone Ping is illegal because the persons "location" is defined as "Confidential Phone Records" under H.R, 4709.
The only way to perform a Legal Ping is by performing a number of LEGAL procedures to determine the physical location of the cell phone user.
What most services provide is a pretext. They will send an SMS message (text message) to the phone advising the recipient that they have "won a prize, call in the next few minutes to claim your prize". The number to be called is an 800 number. When the "winner" calls they get a recording stating that cell phone calls are not allowed, go to the nearest wired phone and call. If they fall for that, the number is"trapped" (as with all toll free calls) and a public records search may show the location of that wired or land line phone. This is a totally legal pretext.
Here is one place where you can perform a Legal Cell Ping - Click Here. The service is No Hit - No Fee in most cases.
Any feedback on this topic is greatly appreciated - please click on the "comments" button at the end of this blog to post your feedback or comments, you may post your comments anonymously.
Patrick L. Baird
Private Investigator







