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Warrantless Collection Of Cellphone Data By Law Enforcement On The Rise
Warrantless Collection Of Cellphone Data By Law Enforcement On The Rise, As Is The Use Of Stingray Tower Spoofershttp://www.techdirt.com/blog/wireless/articles/20131209/09440325504/warrantless-collection-cellphone-data-law-enforcement-rise-as-is-use-stingray-tower-spoofers.shtml
There it is again -- concerns about intrusive technology and untargeted data hauls being waved away by throwing out the word "terrorism" and claiming that revealing any information would "endanger public safety." It's a cop-out -- one that dodges every potential issue by appealing to fear.
The reality is that very few people know how these are being deployed. The power of the device lends itself to abuse, or at the very least, overuse. As the article points out, police in South Carolina used tower dumps to investigate items being stolen from vehicles and in Miami, the police department deployed a Stingray to spy on protesters at a world trade conference.
According to the documents, 25 police departments around the country have contracts with Harris Corp. These devices may be expensive, but utilizing the word "terrorism" when applying for a grant from the DHS generally makes the tech more affordable. These devices also appear to be loaned out freely to other agencies, meaning the actual count of law enforcement agencies with access to this technology is considerably higher than the 25 listed.
This unofficial sharing program vastly increases the amount of data gathered -- as well as the potential for the civil liberties violations. While one agency may have guidelines affecting use and destruction of gathered data, the agency borrowing it may have nothing in place at all. And, considering the fact that no agency wants to talk about their usage of Stingrays, it's safe to assume whatever safeguards are in place are lax and full of loopholes.
Outdated laws have combined with expansive readings of the Third Party Doctrine to give law enforcement agencies nearly unlimited access to vast amounts of data. The rise of cellphones has been fortuitous for agencies with unquenchable thirsts for data, providing millions of metadata points for millions of users. And, like our intelligence agencies, these law enforcement agencies are operating largely under the cover of "darkness," actively avoiding (or directly thwarting) any attempts at oversight.
The reality is that very few people know how these are being deployed. The power of the device lends itself to abuse, or at the very least, overuse. As the article points out, police in South Carolina used tower dumps to investigate items being stolen from vehicles and in Miami, the police department deployed a Stingray to spy on protesters at a world trade conference.
According to the documents, 25 police departments around the country have contracts with Harris Corp. These devices may be expensive, but utilizing the word "terrorism" when applying for a grant from the DHS generally makes the tech more affordable. These devices also appear to be loaned out freely to other agencies, meaning the actual count of law enforcement agencies with access to this technology is considerably higher than the 25 listed.
This unofficial sharing program vastly increases the amount of data gathered -- as well as the potential for the civil liberties violations. While one agency may have guidelines affecting use and destruction of gathered data, the agency borrowing it may have nothing in place at all. And, considering the fact that no agency wants to talk about their usage of Stingrays, it's safe to assume whatever safeguards are in place are lax and full of loopholes.
Outdated laws have combined with expansive readings of the Third Party Doctrine to give law enforcement agencies nearly unlimited access to vast amounts of data. The rise of cellphones has been fortuitous for agencies with unquenchable thirsts for data, providing millions of metadata points for millions of users. And, like our intelligence agencies, these law enforcement agencies are operating largely under the cover of "darkness," actively avoiding (or directly thwarting) any attempts at oversight.
http://www.usatoday.com/story/news/nation/2013/12/08/cellphone-data-spying-nsa-police/3902809/
Cellphone data spying: It's not just the NSA
• At least 25 police departments own a Stingray, a suitcase-size device that costs as much as $400,000 and acts as a fake cell tower. The system, typically installed in a vehicle so it can be moved into any neighborhood, tricks all nearby phones into connecting to it and feeding data to police. In some states, the devices are available to any local police department via state surveillance units. The federal government funds most of the purchases, via anti-terror grants.
• Thirty-six more police agencies refused to say whether they've used either tactic. Most denied public records requests, arguing that criminals or terrorists could use the information to thwart important crime-fighting and surveillance techniques.
Police maintain that cellphone data can help solve crimes, track fugitives or abducted children or even foil a terror attack.
Organizations such as the American Civil Liberties Union and Electronic Privacy Information Center (EPIC) say the swelling ability by even small-town police departments to easily and quickly obtain large amounts of cellphone data raises questions about the erosion of people's privacy as well as their Fourth Amendment protections against unreasonable search and seizure.
"I don't think that these devices should never be used, but at the same time, you should clearly be getting a warrant," said Alan Butler of EPIC.
In most states, police can get many kinds of cellphone data without obtaining a warrant, which they'd need to search someone's house or car. Privacy advocates, legislators and courts are debating the legal standards with increasing intensity as technology — and the amount of sensitive information people entrust to their devices — evolves.
• Thirty-six more police agencies refused to say whether they've used either tactic. Most denied public records requests, arguing that criminals or terrorists could use the information to thwart important crime-fighting and surveillance techniques.
Police maintain that cellphone data can help solve crimes, track fugitives or abducted children or even foil a terror attack.
Organizations such as the American Civil Liberties Union and Electronic Privacy Information Center (EPIC) say the swelling ability by even small-town police departments to easily and quickly obtain large amounts of cellphone data raises questions about the erosion of people's privacy as well as their Fourth Amendment protections against unreasonable search and seizure.
"I don't think that these devices should never be used, but at the same time, you should clearly be getting a warrant," said Alan Butler of EPIC.
In most states, police can get many kinds of cellphone data without obtaining a warrant, which they'd need to search someone's house or car. Privacy advocates, legislators and courts are debating the legal standards with increasing intensity as technology — and the amount of sensitive information people entrust to their devices — evolves.
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Seems like technology is opening the door to so many ways of tracking/surveillance, but where does the line get drawn when it comes to privacy, existing law & rights, and the added complication of the seeming ease at which all of this can be conducted, opening the door to potential abuse of such invasive tactics? It's not just NSA, the surveillance state is here, but where are the safeguards?
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