As for Wilcox, he’s long been one of that small group of privacy zealots who buys his SIM cards in cash with a fake name. But he hopes Phreeli will offer an easier path—not just for people like him, but for normies too.
“I don’t know of anybody who’s ever offered this credibly before,” says Wilcox. “Not the usual telecom-strip-mining-your-data phone, not a black-hoodie hacker phone, but a privacy-is-normal phone.”
Even so, enough tech companies have pitched privacy as a feature for their commercial product that jaded consumers may not buy into a for-profit telecom like Phreeli purporting to offer anonymity. But the EFF’s Cohn says that Merrill’s track record shows he’s not just using the fight against surveillance as a marketing gimmick to sell something. “Having watched Nick for a long time, it’s all a means to an end for him,” she says. “And the end is privacy for everyone.”
Merrill may not like the implications of describing Phreeli as a cellular carrier where every phone is a burner phone. But there’s little doubt that some of the company’s customers will use its privacy protections for crime—just as with every surveillance-resistant tool, from Signal to Tor to briefcases of cash.
Phreeli won’t, at least, offer a platform for spammers and robocallers, Merrill says. Even without knowing users’ identities, he says the company will block that kind of bad behavior by limiting how many calls and texts users are allowed, and banning users who appear to be gaming the system. “If people think this is going to be a safe haven for abusing the phone network, that’s not going to work,” Merrill says.
But some customers of his phone company will, to Merrill’s regret, do bad things, he says—just as they sometimes used to with pay phones, that anonymous, cash-based phone service that once existed on every block of American cities. “You put a quarter in, you didn’t need to identify yourself, and you could call whoever you wanted,” he reminisces. “And 99.9 percent of the time, people weren’t doing bad stuff.” The small minority who were, he argues, didn’t justify the involuntary societal slide into the cellular panopticon we all live in today, where a phone call not tied to freely traded data on the caller’s identity is a rare phenomenon.