Nicholas Merrill has spent his vocation warring authorities surveillance. But helium would truly alternatively you didn’t telephone what he’s selling present a “burner phone.”
Yes, helium dreams of a aboriginal wherever anyone successful the US tin get a moving smartphone—complete with cellular sum and data—without revealing their identity, adjacent to the telephone company. But to telephone specified anonymous phones “burners” suggests that they’re for thing illegal, shady, oregon astatine slightest subversive. The word calls to caput cause dealers oregon deep-throat confidential sources successful parking garages.
With his caller startup, Merrill says helium alternatively wants to connection cellular work for your existing telephone that makes near-total mobile privateness the permanent, boring default of regular beingness successful the US. “We're not looking to cater to radical doing atrocious things,” says Merrill. “We're trying to assistance radical consciousness much comfy surviving their mean lives, wherever they're not doing thing wrong, and not consciousness watched and exploited by elephantine surveillance and information mining operations. I deliberation it’s not arguable to accidental the immense bulk of radical privation that.”
That’s the reasoning down Phreeli, the telephone bearer startup Merrill launched today, designed to beryllium the astir privacy-focused cellular supplier disposable to Americans. Phreeli, arsenic in, “speak freely,” aims to springiness its idiosyncratic a antithetic benignant of privateness from the benignant that tin beryllium had with end-to-end encrypted texting and calling tools similar Signal oregon WhatsApp. Those apps fell the contented of conversations, oregon even, successful Signal’s case, metadata similar the identities of who is talking to whom. Phreeli alternatively wants to connection existent anonymity. It can’t assistance authorities agencies oregon information brokers get users’ identifying accusation due to the fact that it has astir nary to share. The lone portion of accusation the institution records astir its users erstwhile they motion up for a Phreeli telephone fig is, successful fact, a specified ZIP code. That’s the minimum idiosyncratic information Merrill has determined his institution is legally required to support astir its customers for taxation purposes.
By asking users for astir nary identifiable information, Merrill wants to support them from 1 of the astir intractable privateness problems successful modern technology: Despite immoderate surveillance-resistant communications apps you mightiness use, telephone carriers volition ever cognize which of their customers’ phones are connecting to which compartment towers and when. Carriers person often handed that accusation implicit to information brokers consenting to wage for it—or immoderate FBI oregon ICE cause that demands it with a tribunal order
Merrill has immoderate firsthand acquisition with those demands. Starting successful 2004, helium fought a landmark, decade-plus ineligible conflict against the FBI and the Department of Justice. As the proprietor of an net work supplier successful the post-9/11 era, Merrill had received a concealed bid from the bureau to manus implicit information connected a peculiar user—and helium refused. After that, helium spent different 15 years gathering and managing the Calyx Institute, a nonprofit that offers privateness tools similar a snooping-resistant mentation of Android and a escaped VPN that collects nary logs of its users’ activities. “Nick is idiosyncratic who is highly principled and consenting to instrumentality a basal for his principles,” says Cindy Cohn, who arsenic enforcement manager of the Electronic Frontier Foundation has led the group’s ain decades-long combat against authorities surveillance. “He's cautious and thoughtful, but also, astatine a definite level, benignant of fearless.”

Nicholas Merrill with a transcript of the National Security Letter helium received from the FBI successful 2004, ordering him to springiness up information connected 1 of his customers. He refused, fought a decade-plus tribunal battle—and won.
More recently, Merrill began to recognize helium had a accidental to execute a triumph against surveillance astatine a much cardinal level: by becoming the telephone company. “I started to recognize that if I controlled the mobile provider, determination would beryllium adjacent much opportunities to make privateness for people,” Merrill says. “If we were capable to acceptable up our ain web of compartment towers globally, we tin acceptable the privateness policies of what those towers spot and collect.”
Building oregon buying compartment towers crossed the US for billions of dollars, of course, was not wrong the fund of Merrill’s dozen-person startup. So he’s created the adjacent champion thing: a alleged mobile virtual web operator, oregon MVNO, a benignant of virtual telephone bearer that pays 1 of the big, established ones—in Phreeli’s case, T-Mobile—to usage its infrastructure.
The effect is thing similar a cellular prophylactic. The towers are T-Mobile’s, but the contracts with users—and the decisions astir what backstage information to necessitate from them—are Phreeli’s. “You can't power the towers. But what tin you do?” helium says. “You tin abstracted the personally identifiable accusation of a idiosyncratic from their activities connected the telephone system.”
Signing up a lawsuit for telephone work without knowing their sanction is, surprisingly, ineligible successful each 50 states, Merrill says. Anonymously accepting wealth from users—with outgo options different than envelopes of cash—presents much method challenges. To that end, Phreeli has implemented a caller encryption strategy it calls Double-Blind Armadillo, based connected cutting-edge cryptographic protocols known arsenic zero-knowledge proofs. Through a benignant of mathematical sleight of hand, those crypto functions are susceptible of tasks similar confirming that a definite telephone has had its monthly work paid for, but without keeping immoderate grounds that links a circumstantial recognition paper fig to that phone. Phreeli users tin besides wage their bills (or rather, prepay them, since Phreeli has nary mode to way down anonymous users who beryllium them money) with tough-to-trace cryptocurrency similar Zcash oregon Monero.
Phreeli users can, however, take to acceptable their ain dials for secrecy versus convenience. If they connection an email code astatine signup, they tin much easy retrieve their relationship if their telephone is lost. To get a SIM card, they tin springiness their mailing address—which Merrill says Phreeli volition promptly delete aft the SIM ships—or they tin download the integer equivalent known arsenic an eSIM, even, if they choose, from a tract Phreeli volition big connected the Tor anonymity network.
Phreeli’s “armadillo” analogy—the carnal besides serves arsenic the mascot successful its logo—is meant to seizure this sliding standard of privateness that Phreeli offers its users: Armadillos ever person a furniture of armor, but they tin take whether to exposure their susceptible underbelly oregon curl into a afloat protected ball.
Even if users take the little paranoid broadside of that spectrum of options, Merrill argues, his institution volition inactive beryllium importantly little surveillance-friendly than existing telephone companies, which person agelong represented 1 of the weakest links successful the tech world’s privateness protections. All large US cellular carriers comply, for instance, with instrumentality enforcement surveillance orders similar “tower dumps” that manus implicit information to the authorities connected each telephone that connected to a peculiar compartment operation during a definite time. They’ve besides happily, repeatedly handed implicit your information to firm interests: Last twelvemonth the Federal Communications Commission fined AT&T, Verizon, and T-Mobile astir $200 cardinal for selling users’ idiosyncratic information, including their locations, to information brokers. (AT&T’s good was aboriginal overturned by an appeals tribunal ruling intended to bounds the FCC’s enforcement powers.) Many information brokers successful crook merchantability the accusation to national agencies, including ICE and different parts of the DHS, offering an all-too-easy extremity tally astir restrictions connected those agencies’ home spying.
Phreeli doesn’t committedness to beryllium a surveillance panacea. Even if your cellular bearer isn’t tying your movements to your identity, the operating strategy of immoderate telephone you motion up with mightiness be. Even your mobile apps tin way you.
But for a startup seeking to beryllium the country’s astir privacy-focused mobile carrier, the barroom is low. “The extremity of this telephone institution I'm starting is to beryllium much backstage than the 3 biggest telephone carriers successful the US. That’s the committedness we’re going to massively overdeliver on,” says Merrill. “I don’t deliberation there’s immoderate mode we tin messiness that up.”
Merrill’s not-entirely-voluntary decision to walk the past 20-plus years arsenic a privateness diehard began with 3 pages of insubstantial that arrived astatine his bureau connected a February time successful New York successful 2004. An FBI cause knocked connected the doorway of his tiny net work supplier steadfast called Calyx, headquartered successful a warehouse abstraction a artifact from the Holland Tunnel successful Manhattan. When Merrill answered, helium recovered an older antheral with parted achromatic hair, dressed successful a trench overgarment similar a comic publication G-man, who handed him an envelope.
Merrill opened it and work the missive portion the cause waited. The archetypal and 2nd paragraphs told him helium was hereby ordered to manus implicit virtually each accusation helium possessed for 1 of his customers, identified by their email address, explaining that this request was authorized by a instrumentality he’d aboriginal larn was portion of the Patriot Act. The 3rd paragraph informed him helium couldn’t archer anyone he’d adjacent received this letter—a gag order.
Then the cause departed without answering immoderate of Merrill’s questions. He was near to determine what to do, wholly alone.
Merrill was struck instantly by the information that the missive had nary signature from a judge. He had successful information been handed a alleged National Security Letter, oregon NSL, a seldom seen and highly arguable instrumentality of the Bush medication that allowed the FBI to request accusation without a warrant, truthful agelong arsenic it was related to “national security.”
Calyx’s existent business, since he’d archetypal launched the institution successful the aboriginal ’90s with a slope of modems successful the nonfunctional fireplace of a New York apartment, had evolved into hosting the websites of large firm customers similar Mitsubishi and Ikea. But Merrill utilized that gross watercourse to springiness pro bono oregon subsidized web hosting to nonprofit clients helium supported similar the Marijuana Policy Project and Indymedia—and to connection accelerated net connections to a fewer friends and acquaintances similar the 1 named successful this surveillance order.
Merrill has ne'er publically revealed the the individuality of the NSL's target, and helium declined to stock it with WIRED. But helium knew this peculiar customer, and helium surely didn’t onslaught Merrill arsenic a nationalist information threat. If helium were, Merrill thought, wherefore not conscionable get a warrant? The lawsuit would aboriginal archer Merrill helium had successful information been pressured by the FBI to go an informant—and had refused. The bureau, helium told Merrill, had past retaliated by putting him connected the no-fly database and pressuring employers not to prosecute him. (The FBI didn’t respond to WIRED’s petition for remark connected the case.)
Merrill instantly decided to hazard disobeying the gag order—on symptom of what consequences, helium had nary idea—and called his lawyer, who told him to spell to the New York affiliate of the American Civil Liberties Union, which happened to beryllium 1 of Calyx’s web-hosting clients. After a fewer minutes successful a cab, Merrill was talking to a young lawyer named Jameel Jaffer successful the ACLU’s Financial District office. “I privation I could accidental that we reassured him with our expertise connected the NSL statute, but that's not however it went down,” Jaffer says. “We had ne'er seen 1 of these before.”
Merrill, meanwhile, knew that each lawyer helium showed the missive to mightiness correspond different number successful his impending prosecution. “I was terrified,” helium says. “I benignant of assumed idiosyncratic could conscionable travel to my spot that night, propulsion a hood implicit my head, and resistance maine away.”

Phreeli volition usage a caller encryption strategy called Double-Blind Armadillo—based connected cutting borderline crypto protocols known arsenic zero-knowledge proofs—to propulsion of tricks similar accepting recognition paper payments from customers without keeping immoderate grounds that ties that outgo accusation to their peculiar phone.
Despite his fears, Merrill ne'er complied with the FBI’s letter. Instead, helium decided to combat its constitutionality successful court, with the assistance of pro bono practice from the ACLU and aboriginal the Yale Media Freedom and Information Access Clinic. That combat would past 11 years and wholly commandeer his life.
Merrill and his lawyers argued that the NSL represented an unconstitutional hunt and a usurpation of his free-speech rights—and they won. But Congress lone amended the NSL statute, leaving the proviso astir its gag bid intact, and the ineligible conflict dragged retired for years longer. Even aft the NSL was rescinded altogether, Merrill continued to combat for the close to speech astir its existence. “This was a clip erstwhile truthful galore radical successful his presumption were fundamentally cowering nether their desks. But helium felt an work arsenic a national to talk retired astir surveillance powers that helium thought had gone excessively far,” says Jaffer, who represented Merrill for the archetypal six years of that courtroom war. “He impressed maine with his courage.”
Battling the FBI took implicit Merrill’s beingness to the grade that helium yet unopen down his ISP for deficiency of clip oregon volition to tally the concern and alternatively took a bid of IT jobs. “I felt excessively overmuch value connected my shoulders,” helium says. “I was conscionable perpetually connected the telephone with lawyers, and I was frightened each the time.”
By 2010, Merrill had won the close to publically sanction himself arsenic the NSL’s recipient. By 2015 he’d beaten the gag bid wholly and released the afloat missive with lone the target’s sanction redacted. But Merrill and the ACLU ne'er got the Supreme Court precedent they wanted from the case. Instead, the Patriot Act itself was amended to reign successful NSLs’ unconstitutional powers.
In the meantime, those years of endless bureaucratic ineligible struggles had near Merrill disillusioned with judicial oregon adjacent legislative enactment arsenic a mode to support privacy. Instead, helium decided to effort a antithetic approach. “The 3rd mode to combat surveillance is with technology,” helium says. “That was my large realization.”
So, conscionable aft Merrill won the ineligible close to spell nationalist with his NSL conflict successful 2010, helium founded the Calyx Institute, a nonprofit that shared a sanction with his aged ISP but was alternatively focused connected gathering escaped privateness tools and services. The privacy-focused mentation of Google’s Android OS it would develop, designed to portion retired data-tracking tools and usage Signal by default for calls and texts, would yet person adjacent to 100,000 users. It ran servers for anonymous, encrypted instant messaging implicit the chat protocol XMPP with astir 300,000 users. The institute besides offered a VPN work and ran servers that comprised portion of the volunteer-based Tor anonymity network, tools that Merrill estimates were utilized by millions.
As helium became a origin célèbre and past a standout activistic successful the integer privateness satellite implicit those years, Merrill says helium started to go alert of the increasing occupation of untrustworthy cellular providers successful an progressively phone-dependent world. He’d sometimes travel crossed anti-surveillance hard-liners determined to debar giving immoderate idiosyncratic accusation to cellular carriers, who bought SIM cards with currency and signed up for prepaid plans with mendacious names. Some adjacent avoided compartment work altogether, utilizing phones they connected lone to Wi-Fi. “Eventually those radical ne'er got invites to immoderate parties,” Merrill says.
All these schemes, helium knew, were ineligible enough. So wherefore not a telephone institution that lone collects minimal idiosyncratic information—or none—from its normal, non-extremist customers? As aboriginal arsenic 2019, helium had already consulted with lawyers and incorporated Phreeli arsenic a company. He decided connected the for-profit startup way aft learning that the 501c3 statute can’t use to a telecom firm. Only past year, helium yet raised $5 million, mostly from 1 angel investor. (Merrill declined to sanction the person. Naturally, they worth their privacy.)
Building a strategy that could relation similar a mean telephone company—and judge users’ payments similar one—without storing virtually immoderate identifying accusation connected those customers presented a chiseled challenge. To lick it, Merrill consulted with Zooko Wilcox, 1 of the creators of Zcash, possibly the closest happening successful the satellite to existent anonymous cryptocurrency. The Z successful Zcash stands for “zero-knowledge proofs,” a comparatively caller signifier of crypto strategy that has allowed Zcash’s users to beryllium things (like who has paid whom) portion keeping each accusation (like their identities, oregon adjacent the magnitude of payments) afloat encrypted.
For Phreeli, Wilcox suggested a related but somewhat antithetic system: alleged “zero-knowledge entree passes.” Wilcox compares the strategy to radical showing their driver’s licence astatine the doorway of a club. “You’ve got to springiness your location code to the bouncer,” Wilcox says incredulously. The magical properties of zero cognition proofs, helium says, would let you to make an unforgeable crypto credential that proves you’re implicit 21 and past amusement that to the doorman without revealing your name, address, oregon adjacent your age. “A process that antecedently required identification gets replaced by thing that lone requires authorization,” Wilcox says. “See the difference?”
The aforesaid instrumentality volition present fto Phreeli users beryllium they’ve prepaid their telephone measure without connecting their name, address, oregon immoderate outgo accusation to their telephone records—even if they wage with a recognition card. The result, Merrill says, volition beryllium a idiosyncratic acquisition for astir customers that’s not precise antithetic from their existing telephone carrier, but with a radically antithetic level of information collection.
As for Wilcox, he’s agelong been 1 of that tiny radical of privateness zealots who buys his SIM cards successful currency with a fake name. But helium hopes Phreeli volition connection an easier path—not conscionable for radical similar him, but for normies too.
“I don't cognize of anybody who's ever offered this credibly before,” says Wilcox. “Not the accustomed telecom-strip-mining-your-data phone, not a black-hoodie hacker phone, but a privacy-is-normal phone.”
Even so, capable tech companies person pitched privateness arsenic a diagnostic for their commercialized merchandise that jaded consumers whitethorn not bargain into a for-profit telecom similar Phreeli purporting to connection anonymity. But the EFF’s Cohn says that Merrill’s way grounds shows he’s not conscionable utilizing the combat against surveillance arsenic a selling gimmick to merchantability something. “Having watched Nick for a agelong time, it's each a means to an extremity for him,” she says. “And the extremity is privateness for everyone.”
Merrill whitethorn not similar the implications of describing Phreeli arsenic a cellular bearer wherever each telephone is simply a burner phone. But there’s small uncertainty that some of the company’s customers volition usage its privateness protections for crime—just arsenic with each surveillance-resistant tool, from Signal to Tor to briefcases of cash.
Phreeli won’t, astatine least, connection a level for spammers and robocallers, Merrill says. Even without knowing users’ identities, helium says the institution volition artifact that benignant of atrocious behaviour by limiting however galore calls and texts users are allowed, and banning users who look to beryllium gaming the system. “If radical deliberation this is going to beryllium a harmless haven for abusing the telephone network, that’s not going to work,” Merrill says.
But immoderate customers of his telephone institution will, to Merrill’s regret, bash atrocious things, helium says—just arsenic they sometimes utilized to with wage phones, that anonymous, cash-based telephone work that erstwhile existed connected each artifact of American cities. “You enactment a 4th in, you didn’t request to place yourself, and you could telephone whoever you wanted,” helium reminisces. “And 99.9 percent of the time, radical weren't doing atrocious stuff.” The tiny number who were, helium argues, didn’t warrant the involuntary societal descent into the cellular panopticon we each unrecorded successful today, wherever a telephone telephone not tied to freely traded information connected the caller’s individuality is simply a uncommon phenomenon.
“The pendulum has swung truthful acold successful favour of full accusation awareness,” says Merrill, utilizing an quality word of the Bush medication whose surveillance bid acceptable him connected this way 21 years ago. “Things that we utilized to beryllium capable to instrumentality for granted person slipped done our fingers.”
“Other telephone companies are selling an flat that comes with nary curtains—where the windows are incompatible with curtains,” Merrill says. “We’re trying to say, no, curtains are normal. Privacy is normal.”
Let america cognize what you deliberation astir this article. Submit a missive to the exertion at [email protected].











English (CA) ·
English (US) ·
Spanish (MX) ·