Do Jails Monitor Phone Calls
Asked about Securus’s vetting of surveillance requests, a company spokesman said that it required customers to upload a legal document, such as a warrant or affidavit, and certify that the activity was authorized.
Some would like to see prisoners gain access to the Internet and argue that to deny them such a privilege infringes on their right of free speech [source: Johnson]. In England, some prisons have actually offered limited e-mail and educational Internet access to inmates [source: Ford].
The use of taped calls against inmates has become so prevalent that some defense lawyers post warning on their websites – for example, these Texas lawyers, who write: “DO NOT say anything at all that you do not want to hear played back to the Judge in the courtroom at your trial.” The recordings have also become the subject of online threads, where inmates’ friends and family exchange stories and advice.
Other experts said the law should apply for any communications on a network, not just phone calls. “If the phone companies are giving someone a direct portal into the real-time location data on all of their customers, they should be policing it,” said Laura Moy, the deputy director of the Georgetown Law Center on Privacy & Technology.
Jails aren’t supposed to monitor inmate conversations with lawyers, because of the attorney-client privilege. But instances of it happening have been discovered in lots of states, including, California, Florida, Texas, Missouri and Pennsylvania. In Washington, taped attorney-client calls at the Walla Walla County Jail led to charges being dismissed against one man accused of two counts of assault.
Senator Ron Wyden, Democrat of Oregon, wrote in a letter this week to the Federal Communications Commission that Securus confirmed that it did not “conduct any review of surveillance requests.” The senator said relying on customers to provide documentation was inadequate. “Wireless carriers have an obligation to take affirmative steps to verify law enforcement requests,” he wrote, adding that Securus did not follow those procedures.
As location tracking has become more accurate, and as more people carry their phones at every waking moment, the ability of law enforcement officers and companies like Securus to get that data has become an ever greater privacy concern.
In addition, questions have come up in U.S. courts about whether an inmate is allowed to talk on the phone in a foreign language, since this could inhibit the prison's ability to monitor the conversation. Although it's a complicated issue, prisons have tried to accommodate the inmates by merely requiring that they get permission from an authorized social worker to talk on the phone in a language other than English [source: Farber]. A social worker can interview the prisoner to assess his or her risk level before granting the inmate permission for such a phone call.
“If this company is, in fact, doing this with our customers’ data, we will take steps to stop it,” said Rich Young, a Verizon spokesman. T-Mobile said it “would take appropriate action” if it found any misuse of data.