The law was, in part, intended to prohibit corporations under federal investigation from shredding incriminating documents. But since Sarbanes-Oxley was passed in 2002 federal prosecutors have applied the law to a wider range of activities. A police officer in Colorado who falsified a report to cover up a brutality case was convicted under the act, as was a woman in Illinois who destroyed her boyfriend’s child pornography.
Prosecutors are able to apply the law broadly because they do not have to show that the person deleting evidence knew there was an investigation underway. In other words, a person could theoretically be charged under Sarbanes-Oxley for deleting her dealer’s number from her phone even if she were unaware that the feds were getting a search warrant to find her marijuana. The application of the law to digital data has been particularly far-reaching because this type of information is so easy to delete. Deleting digital data can inadvertently occur in normal computer use, and often does.
Hanni Fakhoury, a senior staff attorney at the Electronic Frontier Foundation, says the feds’ broad interpretation of Sarbanes-Oxley in the digital age is part of a wider trend: federal agents’ feeling “entitled” to digital data.
Verizon, the US’s largest wireless telecom company, is developing technology with Nasa to direct and monitor America’s growing fleet of civilian and commercial drones from its network of phone towers.
According to documents obtained by the Guardian, Verizon signed an agreement last year with Nasa “to jointly explore whether cell towers … could support communications and surveillance of unmanned aerial systems (UAS) at low altitudes”.
That $500,000 project is now underway at Nasa’s Ames Research Center in the heart of Silicon Valley. Nasa is planning the first tests of an air traffic control system for drones there this summer, with Verizon scheduled to introduce a concept for using cell coverage for data, navigation, surveillance and tracking of drones by 2017. The phone company is scheduled to finalise its concept by 2019.