AT&T admits it holds on to some customer data, including text message details, calling records, and billing statements for as long as seven years according to a new Justice Department document that raises privacy and security concerns.

“This disclosure reflects the importance of data minimization,” Greg Nojeim, senior counsel at the Center for Democracy and Technology in Washington, told Bloomberg News. “Some companies do a much better job of disposing of sensitive, personally identifiable information. Once such information is no longer needed for business-reasons, it shouldn’t be held onto because of the risks that it could be obtained by a hacker.”

Privacy advocates are also concerned the lengthy storage offers new opportunities for government intrusion into customer privacy, either for national security or law enforcement purposes.

Although every cell phone company maintains storage of customer and billing records, few keep the data for more than one year.  AT&T stores the data the longest, by far, and that bothers the American Civil Liberties Union of North Carolina:

AT&T/Cingular appears to keep all of its cell tower records since July 2008. How long do they plan to keep this data for? Are they just creating an infinite record of everywhere you’ve ever been with your cell phone? Do you remember where you were on September 28, 2008? If you have AT&T/Cingular, your phone company may know. And they might tell the cops.

But the company says it acts as a responsible steward of the information it warehouses.

AT&T gathers data to provide “the best customer experience possible” and uses “powerful encryption and other security safeguards to protect customer data,” according to the company’s privacy policy.

(Click to enlarge)

The ACLU chapter filed a Freedom of Information Act request to obtain the data seen above.  Once the ACLU won their request, the Justice Department publicly posted the information on their website.

In addition to basic billing and customer data, cell phone companies also record the specific cell towers used when making and receiving calls and the messages that travel across their networks, including where they originated and where they were sent.  The numbers called, call length, and the times of day when your phone is used the most were all recorded.  Some cell phone companies also use the data for marketing purposes.

Also in North Carolina, last week we shared the story of George Kontos, who single-handedly faced down AT&T, who overcharged his family for nearly two years’ of service.  After finally winning a refund of nearly $2,000, Kontos updates Stop the Cap! with news the North Carolina Attorney General’s office has taken an interest in the case and plans to launch a statewide investigation into AT&T’s billing practices.  If the state turns up problems, it’s only a matter of time before other states start their own investigations.

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The Attorney General of Wisconsin might find something to investigate in Wauwatosa — namely one local woman’s five-year fight with AT&T to maintain basic landline phone service.  WITI in Milwaukee shares the story of Darnelle Kaishian, who considers fighting AT&T her “full time job.”  It’s so bad, her friends now visit her in person, because her phone almost never works.  (2 minutes)

Sprint customers are not thrilled with their new neighbors — the Apple iPhone 4S crowd that just moved into the network.

In several areas across the country, Sprint customers are howling about network speeds plummeting over the weekend, just as new iPhone owners began activating their phones.

“This is completely unacceptable,” Clive Dearstromm writes Stop the Cap!  “I have been a Sprint customer for five years, and while their network has never been the fastest, what has happened since Friday morning is ridiculous.  I can’t get beyond 210kbps.”

Dearstromm can’t even reliably access his e-mail on Sprint’s 3G network today, and Sprint has denied there is a service outage in Florida.

“Coincidence?  I think not,” he adds.

Other Sprint customers have also noticed, and are not happy.  In South Los Angeles, one customer reports speeds of around 170kbps on Sprint’s network.

“I moved from AT&T to Sprint because of unlimited data, but if this continues I might have to move back,” writes the customer. “I can’t even open a web page without taking a minute or two.”

Sprint denies there is a problem, telling PC Magazine:

“As always, Sprint is carefully monitoring the performance of the 3G network. We are looking into a small number of reports of slow data speeds when using the iPhone 4S, however there are also reports showing that Sprint’s network is the fastest, such as the Gizmodo report that came out earlier today. Speed tests represent a moment in time and are subject to many variables including weather, time of day, device, and proximity to a tower. Sprint will continue to monitor the feedback we are getting from our customers and will investigate and resolve any issues that may arise,” the company said in a statement.

PC Magazine questioned Gizmodo’s test results, suggesting Wi-Fi speed tests might be mucking up the accuracy of the results.  By this morning, it was evident Sprint was in last place, compared with AT&T and Verizon, and because speeds slowed the most during peak usage times, it’s a sure sign of network congestion.

Apple iPhone owners are a demanding crowd, and many of them aren’t happy about their Sprint iPhone experience either.  The new phone’s most important gimmick feature, Siri, does not work well on congested networks.

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WNYW-TV in New York found frustration demonstrating Siri, with or without the Sprint network.  It’s also apparent wireless carriers had some early trouble activating the enormous number of new iPhone handsets.  (6 minutes)

Customers want an explanation and an idea of when things will get better.  Thus far, Sprint has asked customers with speed problems to report them to the company for investigation, but some customer service representatives candidly admitted Sprint was unprepared for the massive number of new customer activations since Friday morning.

If things don’t get better soon, some of Sprint’s newest customers may take their business elsewhere.  Sprint accepts returns and penalty-free contract terminations within 14 days of the phone’s activation (not purchase) on Sprint’s network.

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Amidst dozens of stories of the iPhone 4S’ arrival, West Palm Beach’s WPTZ caught our attention as local law enforcement had to be called in to manage the inevitable traffic jams wherever the new phone went on sale.  (2 minutes)

A Winston-Salem man with a judgment from a North Carolina court in hand shocked AT&T store employees on Summit Square Boulevard Tuesday when he walked in with a Forsyth County Sheriff’s deputy to serve AT&T a court order that allowed the Sheriff’s Office to seize the store’s assets and sell them to satisfy his $2,000 judgment.

George Kontos says AT&T has been stonewalling his family for more than three months after winning a lawsuit against AT&T for Internet Overcharging.  The company had been stalling Kontos with paperwork requests, but a visit by a sheriff’s deputy prepared to begin selling off the store’s property to pay Kontos managed to finally get AT&T to act.

“AT&T is making arrangements to pay the sum owed to the Kontos family and will deliver the payment to the appropriate entity,” an AT&T spokesperson said in a statement.

Kontos had little trouble arguing his case in small claims court.

(Courtesy: WFMY News)

“When I went into AT&T to look at the plan, I wanted to make sure I had a comparable data plan with what I had been using and the rep pulled up the account and obviously even as an AT&T employee it must have been outstanding for him because his first reaction was, ‘wow you’re paying too much,'” Kontos told WFMY News.

With an AT&T employee on his side, Kontos thought AT&T would do the right thing and credit his account for 24 months of overcharging.  AT&T agreed to partial credits for the last five months.  Kontos said he would see the company in court.

In July, a county small claims court judge quickly found for Kontos and handed him a judgment and Kontos has been waiting by his mailbox for AT&T’s check ever since.

Kontos calls the matter a real David vs. Goliath story, and openly wonders how many other customers in the Triad are being overcharged by AT&T.

“Demand that they review your account for the last two years minimum,” he told the station. “Find out what you’ve been paying. Find out what other rate plans exist. Find out what you could have been paying and if you’ve got money that’s owed to you, get it back.”

If AT&T won’t provide an owed refund willingly, and you live in North Carolina, you can use this form — the same one used by the Kontos family — to sue AT&T yourself.

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WFMY in Greensboro shares the story of the Kontos family, who discovered they were overcharged for a data plan for more than two years.  When the company refused to issue an appropriate credit, Kontos took the company to court and won.  (2 minutes)

Blackberry Butter Spreader

As Blackberry owners enter their fourth day of a serious global service outage, a growing number are now wondering why they are still wasting their time with a phone that has been increasingly abandoned “for something better,” — namely smartphones running Apple’s iOS or Android-powered handsets that now have the largest share of the smartphone market.

Only Nokia is facing market share challenges greater than Waterloo, Ontario-based Research in Motion, the maker of the formerly popular device.  After days of service disruptions, RIM may be getting a lot more acquainted with their town’s namesake than they’d like.

The trouble started Monday with a switch problem at the company’s offices in Slough, Great Britain.  Yes, the same Slough that is home to the workers of British television’s original rendition of “The Office.”

The switch failure soon began impacting customers in Europe, Africa, and the Middle East — the remaining places where RIM still commands a respectable position in the handset market.  On Tuesday, problems spread across South America and India.  Yesterday, North Americans joined the growing crowd of users who found e-mail service and instant messaging spotty, when it worked at all.

Company officials suggest the spreading outages were caused by a cascading series of failures.  When the switch failed, backup systems proved inadequate, and the inevitable sea of “is your Blackberry working?” and “test… test… test” messages started piling up, arriving faster than RIM’s backup systems could handle.  The more frustrated users became trying to send and receive messages, the worse the problems got.

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The Blackberry outage caused a sensation in the United Kingdom, where the phone still maintains a significant market share.  British reporters and analysts had no time to throw softball questions at Blackberry officials.  Watch as Sky News and the BBC report the service failure as a veritable crisis for the company, followed by an increasingly uncomfortable managing director for Research in Motion’s UK operations who faced sharp questioning from a reporter intent on getting beyond the pre-written damage control statement.  In the United States, the declining market share for the Blackberry gave ABC News license to have some fun with the service outage, poking fun at the phone that is increasingly irrelevant to Americans.  (11 minutes)

RIM Founder and co-CEO Mike Lazaridis Apologizes

Blackberry users are dependent on RIM’s networking infrastructure because the company distributes messages through its own servers.  That can deliver more control to RIM’s network engineers, but also exposes the company to spectacular service failures when things go wrong.  And they have gone wrong repeatedly, as customers worldwide report regular sporadic service outages.

Wireless phone companies faced the wrath of angry customers, who initially blamed them for the service outages, but in fact the problems reside with RIM’s own network.

Loyal Blackberry customers have been forced, much to the amusement of other handset owners, into desperate measures.

“My God, I actually had to walk down the hall to my co-worker’s cubicle to ask him a question,” wrote one angry customer.  “Damn you, Blackberry!”

“So much for today’s lunch meeting,” shared another. “Nobody knew what to do or where to meet until someone suggested we call everyone on the phone.  The phone??? Are you kidding me?”

The New York Times shared other serious side effects of the outage:

By Wednesday morning, Wall Street was alight with e-mails from technology departments notifying employees of the problem. Bankers’ meetings fell through when attendees couldn’t look up the locations. Employees were reduced to leaving voice-mail messages.

Perhaps more concerning is the ultimate future of Research in Motion, which has seen better days.  Just three years ago, Blackberry enjoyed a 46 percent market share for mobile devices around the world, according to data from IDC, a research firm. This year, it’s 12 percent and dropping (and is already much lower in North America.)

The Blackberry toe spreader

Wall Street is furious, of course.

“[The outage] is symbolic of what’s going on at the company,” Colin Gillis, an analyst at BGC partners who follows the telecom industry told the Times. “It’s a bloodbath.”

The same can be said for the company’s stock price, which one analyst compared to a train wreck in slow motion.

This morning, Research in Motion made the riskiest move of all — trotting out the historically idiosyncratic and impatient RIM Founder and co-CEO Mike Lazaridis to apologize.  He appeared more contrite than an earlier appearance with the BBC’s Rory Cellan-Jones.  Lazaridis turned up to that earlier interview with his press handler and a lot of attitude.  He soon found himself being questioned by the reporter about the company’s user privacy policies in the Middle East.  After slamming the reporter for the question, Lazaridis ended the interview.

Today, the founder of the company still couldn’t answer the all-important, “when will service be fully restored?”  But as of late this morning, RIM’s co-Chief Executive Officer Jim Balsillie claimed all is well again with the Blackberry, but wouldn’t answer questions about whether customers were entitled to refunds for lost service.

That’s a question mobile carriers are starting to ask RIM as well, particularly as customers look for service credit for the outages cell companies were not responsible for causing.

“This is it. This is the boiling point. Someone has to go over to Waterloo and slap those in charge at RIM,” wrote Crackberry.com forum user BlackLion15.

With tomorrow’s release of Apple’s latest iPhone, RIM officials may prefer a good customer spanking over the alternative — customers throwing their Blackberries in the trash and switching to a new handset.

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Before and After.  During better days for Research in Motion, RIM Founder and co-CEO Mike Lazaridis had no time for ‘impertinent’ questions from British reporters and called an early end to one interview.  Earlier today, he checked his attitude at the door to issue an apology to upset customers.  (3 minutes)

Cable company-owned power backup batteries

For the last several years, telephone companies have faced millions in losses from stolen telephone cables often ripped right off of phone poles — sold to copper scrap yards, usually to fuel drug habits.  Now cable companies like Time Warner Cable are facing a theft problem of their own — stolen battery backup equipment.

In California and Texas, the problem has grown significant enough to cost the company nearly $1 million replacing lost equipment.  Time Warner is now offering up to $10,000 in some areas for information leading to the arrest of those responsible.

Thieves break into metal cabinets usually located on street corners, phone poles, or in backyards looking to harvest the power backup batteries inside.  Thieves resell the lead batteries at scrap yards, and often take the power backup controllers as well.  Most break-ins occur at night, and in many areas, the thieves dress up to resemble utility workers and drive panel vans or bucket trucks that passersby might mistake as utility-owned vehicles.

The batteries appear similar to a traditional car battery, but larger.  They weigh about 67 pounds each and typically sell for $17-20 apiece at scrap yards.  In some areas, repeated break-ins have caused the loss of dozens of batteries, and major headaches for customers who can find their phone and Internet service interrupted until technicians can replace the equipment.  In Beaumont, Tex., two men driving a bucket truck netted $3,000 worth of batteries in one evening.  They were caught by law enforcement officials who suspected them of breaking into numerous boxes attached to area telephone poles.

In January, two Huntington Beach, Calif. police officers stopped a suspicious vehicle and found 13 stolen batteries owned by the cable company removed from boxes in Huntington Beach, Fountain Valley and Costa Mesa. The vehicles’ occupants were arrested for a variety of charges including the possession of stolen property.  They have since been convicted of the crimes and sentenced to time in jail.

Grand Prairie, Tex. Det. Lyle Gensler told a Dallas TV station it’s not just the loss of service Time Warner is worried about, it’s the replacement cost of the stolen property that may trickle-down to customers.

“If Time Warner loses a battery, it’s going to cost them to replace it. If they lose money, they’re going to pass that onto the consumer,” said Gensler. “Over the last six months [Grand Prairie] has lost over $100,000 in property.”

Time Warner has been installing new theft prevention equipment on some utility cabinets in problem areas that deter unauthorized entry into the cabinets.

The cable company has already paid at least one tipster $10,000 for turning in cable equipment thieves.  Concerned citizens can report suspicious activity to their local law enforcement office or call Time Warner’s security tip line at 1-877-TWC-TIPS.

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KXAS in Dallas reports on a rash of battery thefts affecting Time Warner Cable and their subscribers in the Metroplex.  (1 minute)