Here they are referring to phone call records without attaching names, just calls and locations...Numbers only. Then, if the numbers point to something, law enforcement can seek a probable cause warrant for info which shows who is connected to that phone, etc.
Cops Need Warrant for Cellphone Location Data, Judge Rules
September 11, 2008
The government appealed, arguing the records only reveal a phone’s location when it is actually used and that there’s no constitutional right to have these stored records protected.
"Wireless carriers regularly generate and retain the records at issue, and because these records provide only a very general indication of a user’s whereabouts at certain time in the past, the requested cell-site records do not implicate a Fourth Amendment privacy interest," the government wrote (.pdf).
Cops Need Warrant for Cellphone Location Data, Judge Rules | Threat Level | Wired.com
I don't disagree that there are 4th amendment privacy concerns, I just don't think requiring a credit card or ID with cash payment for disposable cell phone service is any different than other phone service requirements.
Here's why I disagree with this idea, and what the difference is:
There is no law in place requiring people to show ID for a long term cell phone contract, that is a practice used by the companies providing the service as a basis for billing and collection in the case of default. With a prepaid phone the service contract still exists, but is for a limited amount of time and is paid up front. The reason they can be anonymous is the lack of continued billing or collection in case of default. It's business practice, not law.
I am very concerned about the 4th Amendment concerns implicit in registering all cell phone numbers, as well as more practical concerns with things like the cost.
First, why should users of prepaid cells be treated differently under the law simply because of the type of contract they prefer? Many people who use these services are not criminals, they're not even using it to cheat on their spouses or something else where anonymity is important to them. Often they are simply not creditworthy for a long term contract, or use the prepaid service as a method of budgeting.
Second, the burden of data collection and recordkeeping (assuming the government will not take over and create a central registry) will be heavy on the companies offering these services. Why should they be punished for offering a legal service people want, need and use? Will they be compensated for collecting the data and turning it over or storing it securely?
Also, without prepaid service a select few companies will hold all of the power over who can and cannot qualify for cell phone service, which also disturbs me. Prepaid service provides choice and competition, which helps keep the colossal providers honest. If the cost or hassle destroys the profit incentive for prepaid service, millions of people won't have any options. And it's not like there are pay phnes on every other corner like there used to be.
I don't like it.