Cape’s Law Enforcement Policy

The Cape Team

We believe that privacy and public safety are essential elements of a free society, and we’re committed to respecting both of these values.

As a United States telecom carrier, we are compliant with , the federal wiretap law. This means that we can support a live wiretap.

That said, we know of the risk of blanket surveillance and government overreach. Examples abound.

  • For decades, successive White House administrations funded a program with AT&T that gave law enforcement access to spanning over thirty years, including location data, often without a judge’s oversight.
  • Lawmakers from both sides of the aisle have criticized both the and administrations for secretly obtaining their phone records, thereby undermining the separation of powers between the executive and legislative branches.
  • Police have used to sweep up the private cell phone data of tens of thousands of people who are in the vicinity of a cellular tower.
  • Prior reporting showed that multiple government agencies (see and ) have employed fake cell phone towers (i.e. “IMSI catchers”), and these same agencies are now openly and .

Modern smartphones and the always-on, digital lives they enable have made the prospect of dragnet surveillance a real and growing threat. We’ve opted in to 24/7 connectivity so that we can keep in touch with friends, call an Uber, and find a place to eat–but not to carrying government tracking beacons in our pockets.

As a privacy-first mobile carrier, Cape is designed to let people rebalance the scales with the following mitigations:

Feature

Summary

Minimal data collection

We do not collect personally identifiable information (PII) like names, social security numbers, government IDs, and e-mail addresses for our customers.

A review of shows that only 13% of U.S. criminal and civil demands are for real-time data, indicating that the vast majority of government requests are for historical data. Cape deletes call logs after only one day, making historical requests impractical after factoring in the time it takes authorities to get a compliant order.


Subscriber notification

Unless explicitly barred, before making any disclosure, Cape will notify its subscribers of receipt of any legal process seeking disclosure related to their accounts. In , Ron Wyden urged fellow Senators to switch to carriers like Cape–one the few US mobile carriers to have such a policy.

Challenge to overly broad requests

We are committed to challenging any government requests for subscriber data that are not narrowly tailored or otherwise lawful. See our .

We can hand over encrypted voicemails to law enforcement, but not the decryption key, which is generated and stored on the subscriber’s device.

Obfuscation of network identifiers

We subscriber IDs, or IMSIs, do not share with cell tower operators, and can spread your traffic between different tower operators.

For a comprehensive explanation of what information we store and would be able to provide to law enforcement, see our ..

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