There are three examples of how law enforcement typically use stingrays for surveillance: First, law enforcement officials may
use the cell site simulator with the known cell phone number of a targeted individual in order to determine that individual's location.
One such document recently revealed that the Baltimore Police Department has
used a cell site simulator 4,300 times since 2007 and signed a nondisclosure agreement with the FBI that instructed prosecutors to drop cases rather than reveal the department's use of the stingray.
This week the Center for Media Justice, ColorOfChange.org, and New America's Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by
using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network — and are doing so in a way that has a disproportionate impact on communities of color.
Law enforcement officers in Washington, D.C. violated the Fourth Amendment when
they used a cell site simulator to locate a suspect without a warrant, a D.C. appeals court ruled on Thursday.
Not exact matches
The judge, who reviewed the deal, said the FBI instructed the police to drop criminal charges instead of revealing «any information concerning the
cell site simulator or its
use.»
To fill that void companies like the Harris Corp. started creating
cell site simulators for these agencies to
use.
Use of a
cell -
site simulator, often referred to by the brand name Stingray, to intercept mobile.
Disclosure of the
use of
cell site simulators in Canada is a precondition to meaningful debate — in public, in the courts and among law makers — in order to ensure that the
use of invasive technology is in compliance with s. 8 of the Charter of Rights that protects all Canadians from unreasonable search and seizure.
There is little information in Canada about law enforcement's
use of
cell site simulators.
I have been following the developments about the
use of
cell site simulators by law enforcement agencies in the United States over the past year.
On December 29, 2015, the American Civil Liberties Union filed an amici curiae brief with the ACLU of Maryland and the Electronic Frontier Foundation in the first known case where a motions judge suppressed evidence as a result of the warrantless
use of a
cell site simulator by the police.
In 2014, then FCC Chairman Tom Wheeler said that he had established a task force to combat unauthorized
use of
cell -
site simulators, but a former advisor to Wheeler said that the task force had little political support.
In the ruling, the judges said, «We thus conclude that under ordinary circumstances, the
use of a
cell -
site simulator to locate a person through his or her cellphone invades the person's actual, legitimate, and reasonable expectation of privacy in his or her location information and is a search.»
The
use of
cell -
site simulators, especially without a warrant, has come under question a few times in recent years.
Today, the Washington DC Court of Appeals overturned a Superior Court conviction of a man who was located by police
using a
cell -
site simulator, or Stingray, CBS News reports.
They go on to note that the FCC has the authority to halt
use of
cell -
site simulators as the agency in charge of commercial airwaves in the US.
Attorney General Jeff Sessions» tough - on - crime stance has worried some privacy advocates as to how he might
use tools like
cell -
site simulators.
Under former Attorney General Eric Holder — under some pressure from Congress — the Department of Justice in 2015 issued a policy that federal authorities could only
use cell -
site simulators with a warrant.
In a decision that reversed the decision of the Superior Court of the District of Columbia and overturned the conviction of a robbery and sexual assault suspect, the D.C. Court of Appeals determined the
use of the
cell -
site simulator «to locate a person through his or her cellphone invades the person's actual, legitimate and reasonable expectation of privacy in his or her location information and is a search.»
«While law enforcement agencies should be able to utilize technology as a tool to help officers be safe and accomplish their missions, absent proper oversight and safeguards, the domestic
use of
cell -
site simulators may well infringe upon the constitutional rights of citizens to be free from unreasonable searches and seizures, as well as the right to free association,» the report said.
Law enforcement
use of one tracking tool, the
cell -
site simulator, to track a suspect's phone without a warrant violates the Constitution, the D.C. Court of Appeals said Thursday in a landmark ruling for privacy and Fourth Amendment rights as they pertain to policing tactics.
Wyden, a Democrat, wrote DHS in November requesting information about unauthorized
use of the
cell -
site simulators.
D.C. Metropolitan Police's
use of such
cell -
site simulator technology to nab suspect Prince Jones in 2013 «violated the Fourth Amendment,» the court decided against the U.S. government on Thursday.
When a
cell -
site simulator is in
use, nearby cellphones will connect to it instead.
EFF has been investigating the
use of
cell -
site simulators against Water Protectors and their allies at the Dakota Access Pipeline at the Standing Rock Sioux Reservation in North Dakota.
Prosecutors have accepted plea deals to hide their
use of
cell -
site simulators and have even dropped cases rather than revealing information about their
use of the technology.
However, it is possible that these agencies have not
used or no longer
use cell -
site simulators and are therefore not required to post public policies.
«With foreign actors now potentially taking advantage of the Commission's inaction, the FCC should act, consistent with applicable law and regulations, to investigate these allegations and address any unlawful
use of
cell -
site simulators in the Capital and anywhere else they are
used in U.S. soil,» they write.
The Department of Homeland Security says rogue stingrays, or unauthorized
cell -
site simulators, have been
used in Washington, D.C., but it is incapable of finding them.
This bill requires California police to get a warrant before
using a
cell -
site simulator.
Insofar as law enforcement agencies are
using cell -
site simulators in criminal investigations, EFF argues that
use should be limited in the following ways:
The
use of
cell -
site simulators have been shrouded in government secrecy.
Apps for identifying the
use of
cell -
site simulators, such as SnoopSnitch, may not be verifiably accurate.
Cell -
site simulators are
used by the FBI, DEA, NSA, Secret Service, and ICE, as well as the U.S. Army, Navy, Marine Corps, and National Guard.
As Ars has long reported,
cell -
site simulators — known colloquially as stingrays — can be
used to determine a mobile phone's location by spoofing a
cell tower.
The Texas Observer also uncovered airborne
cell -
site simulators in
use by the Texas National Guard.
A recent Congressional Oversight Committee report called on Congress to pass laws requiring a warrant before
using cell -
site simulators.
A police spokesperson also confirmed that Modesto does not
use cell -
site simulators.
On January 1, 2016 two new laws went into effect in California: S.B. 34 requires agencies that
use automated license plate recognition (ALPR) or access ALPR data to publish privacy and usage policies, while S.B. 741 requires public policies for
cell -
site simulators, a type of cellphone tracking technology often referred to as «Stingrays» and «Dirtboxes.»
In a letter on Thursday, four ranking Democrats urged the FCC, which controls the nation's airwaves, to address the issue, writing: «With foreign actors now potentially taking advantage of the Commission's inaction, the FCC should act, consistent with applicable law and regulations, to investigate these allegations and address any unlawful
use of
cell -
site simulators in the Capital and anywhere else they are
used in U.S. soil.»
That would undoubtedly be viewed by the public as endorsing the
use of the devices, which are controversial due to the fact that police typically keep their
use secret, even from the judges overseeing cases in which evidence is collected with the aid of a
cell -
site simulator.
EFF supported S.B. 741, which requires transparency measures regarding the
use of
cell -
site simulators.
Law enforcement officers have
used information from
cell -
site simulators to investigate major and minor crimes and civil offenses.
For a while, police departments tried to keep the
use of
cell -
site simulators secret from not just the public but also the court system, withholding information from defense attorneys and judges — likely due to non-disclosure agreements with Harris Corporation.
For the reasons above, EFF opposes police
use of
cell site simulators.
We filed a Freedom of Information Act lawsuit to expose and shine light on the U.S. Marshals Service's
use of
cell -
site simulators on planes.
In Detroit, U.S. Immigration and Customs Enforcement
used a
cell -
site simulator to locate and arrest an undocumented immigrant.
Law enforcement
use cell -
site simulators to pinpoint the location of phones with greater accuracy than phone companies.
We filed an amicus brief, along with the ACLU, pointing a court to facts indicating that the Milwaukee Police Department secretly
used a
cell -
site simulator to locate a defendant through his
cell phone without a warrant in U.S. vs. Damian Patrick.
Police have
used cell -
site simulators to track location data without a warrant, by deceptively obtaining «pen register» orders from courts without explaining the true nature of the surveillance.