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Emails Show Feds Asking Florida Cops To Deceive Judges About Surveillance Tech

Advocatus Diaboli sends this excerpt from Wired: Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails (PDF). At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect's location from a 'confidential source' rather than disclosing that the information was gleaned using a stingray.

59 of 251 comments (clear)

  1. And? by TemperedAlchemist · · Score: 5, Insightful

    It won't stop until the DoJ actually starts handing out serious penalties instead of a slap on the wrist for this sort of behavior. I'm talking jail time.

    1. Re:And? by msauve · · Score: 5, Insightful

      Since you're referencing the DoJ, I'd assume you mean jail time for those releasing evidence of illegal surveillance and deceiving the courts.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:And? by stenvar · · Score: 4, Insightful

      Why would the federal government penalize itself? The DoJ presumably wants this to happen, as does the president; if he didn't, he could stop tomorrow.

    3. Re:And? by Bartles · · Score: 4, Insightful

      Slap on the wrist? As far as I can tell, they are just ignoring it, which makes me think they are complicit.

    4. Re:And? by LynnwoodRooster · · Score: 5, Insightful

      Federal Marshals ARE the DoJ. It's the DoJ itself asking local police to lie. Why would they hand out penalties to themselves? That's like asking Holder to arrest himself for being in contempt of Congress. Not gonna happen.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    5. Re:And? by tysonedwards · · Score: 5, Informative

      Instructions were given to commit perjury, under oath, to a judge in any situation in which they were asked about the surveillance tech that they have at their disposal.

      Perjury is a crime whenever it takes place.
      Conspiracy to commit perjury or enticement to commit perjury both are also crimes, and this email chain shows that that took place.

      The real question is whether the DoJ cares about going after cops as opposed to just going after the low hanging fruit like people who beat their wives, sell drugs, or annoy the wrong person in a position of power.

      --
      Thirty four characters live here.
    6. Re:And? by dcmcilrath · · Score: 3, Insightful

      When is it ever advantageous to hit someone who can fight back?

      --
      -1 Comment Contains Portal Reference
    7. Re:And? by sumdumass · · Score: 2

      It still could be a crime for the cops and prosecutors under state laws.

      Not that it would matter much though. Most cops and law enforcement enjoy wildly lower criminal penalties for the same violations of law that would land us in some serious trouble. They call it color of law sometimes. FWIW, here is the federal law on color of law.. I looked for my state and it simply adds it to laws already in place.

      http://www.law.cornell.edu/usc...

    8. Re:And? by gstoddart · · Score: 5, Insightful

      It's only illegal if they counseled the cops to do this in a specific case. If they just told the cops that's what they should do in general, then it isn't a crime.

      If you don't think subverting some of the basic principles of the justice system, as well as the checks and balances in the system to prevent abuses isn't a crime, you're sadly mistaken.

      This gets rid of your right to a fair trial. To not be subject to unreasonable search. To face the evidence against you. To trust that the cops aren't framing you.

      If the feds and the police forces have decided they should be able to do this, then they have effectively become the worst sort of thugs and miscreants out there -- because they're legitimate thugs and miscreants who are allowed to do anything they see fit, all in the name of claiming to be the good guys.

      No society where the police have unlimited power to cover up their own abuses and make any charge they want stick can last.

      When federal law enforcement is telling local police how to subvert the justice system in order to conceal illegal, secret methods which wouldn't hold up in court ... the whole legal system is fucked.

      When I was a kid, this kind of shit is what was attributed to the Soviets. And now, people seem to somehow accept this as normal.

      You may think fascism is an OK idea, but the rest of us don't want that.

      I think if a federal agent is telling law enforcement how to do an end-run around the Constitution, they should be hung for treason.

      --
      Lost at C:>. Found at C.
    9. Re:And? by sumdumass · · Score: 2

      Which is why states need to prosecute the cops and district attorneys who are lieing and let them make the claims in court that the DOJ or Marshals are telling them to do it.

      Interestingly, a federal prosecutor can take a case to a grand jury independent of DOJ permission and are protected from backlash by the civil service laws and civil employees union. Once it is at a grand jury, it is out of the DOJ's control. This is how prosecutors went after medical pot in California after Obama direct them to leave it alone. This is also how some feds prosecuted deportation cases after being told to ignore them.

    10. Re:And? by swillden · · Score: 4, Insightful

      Instructions were given to commit perjury

      I think they'll argue that it wasn't perjury. They weren't told to claim the information was from a "confidential informant" -- a snitch -- but a "confidential source", which isn't well-defined. I think the wording was chosen to mislead the judge into thinking they meant a CI, but without actually lying. Of course, intending to deceive may be perjury, even if what you say is the literal truth, but it's much harder to pin down.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:And? by Bite+The+Pillow · · Score: 2

      Because there are three branches. And judges really hate it when, as a whole, law enforcement lies to a judge repeatedly.

      I'm sure there are exceptions, like small town law. And maybe federal district court in federal cases.

      But any judge, for the most part, who finds that they ruled on unconstitutional information, is very likely to hold law enforcement to a way higher standard than "anonymous source".

      There are exceptions. But don't let your cynicism abscond with the ability to read and think. You can do better, you and the three people who moderated you incorrectly.

      The "Federal Government" is not one thing, and is not made up of people who all believe one thing. Both parties have lots of people who disagree with the general party line, and all three branches have people who disagree with the general government line. It's not hard to find exceptions to such a blatantly wrong opinion, but I can't find a list that will automatically be amenable to someone who has shown so little capability of thought, so I won't try.

    12. Re:And? by fuzznutz · · Score: 4, Informative

      This is called suborning perjury and is a crime. http://en.wikipedia.org/wiki/S...

    13. Re:And? by Bite+The+Pillow · · Score: 2

      Who is they? And just what have you looked at to conclude they are ignoring it?

      I'm assuming that, since Marshals are law enforcement, you mean that the judicial branch is ignoring law enforcement lying, admitting lying, and going on record as doing so.

      I don't think many people are aware of this. If you are not surprised, you should have let us know, as well as the ACLU, EFF, and other related organizations. Because this is really big news.

      Would you be so kind as to list any, and if you really could be arsed, every instance where the DoJ handed out any penalty for this behavior?

      The DoJ is Executive, as is the Marshals service. They all have the same goal of lying to the Judicial branch to maximize convictions. DoJ is the second third of justice, the part where someone presses charges, and has nothing to do with actual justice. "Bring someone to justice" really just means bringing them to a court where a justice of the peace gets to rule on what is allowed.

      Oddly, law enforcement is all on the same side. And judges are all on the other side. Legislative branch is out of the picture at this point.

      So yes, "they", unless I misunderstand, are not only complicit, they are the people who are issuing this information. They are getting slaps on the wrist by they, who are the same person, and by definition complicit.

      You only think this is true, as opposed to it being by definition true? Or did you under-explain something?

      And did moderators completely understand something you did not type?

    14. Re:And? by Bartles · · Score: 3, Insightful

      Actually by they, I mean the DOJ. Eric Holder has completely abdicated his responsibilities and has become the most politically motivated Attorney General in my lifetime.

    15. Re:And? by Required+Snark · · Score: 4, Insightful
      You want contempt for the constitution? Where were you when Cheney said he was not a part of the executive, legislative or judicial branch of government, so none of the rules apply? (Sound of crickets.....)

      I'm pissed off a Holder as well, but obvious right wingers start calling him the most corrupt, all I smell is the stench of ripe hypocrisy. STFU until you are willing to call out someone on your side of the political fence.

      --
      Why is Snark Required?
    16. Re:And? by camperdave · · Score: 4, Insightful

      They could (and should) declare a mistrial and release the defendant.

      --
      When our name is on the back of your car, we're behind you all the way!
    17. Re:And? by Anonymous Coward · · Score: 3, Insightful

      " At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect's location from a 'confidential source' rather than disclosing that the information was gleaned using a stingray. "

      I would not have thought that the police needed to be told. Isn't eavesdropping on a telephone call without a warrant illegal? If the cops tell the judge that's what they've been doing the evidence becomes inadmissible.

      "It won't stop until the DoJ actually starts handing out serious penalties instead of a slap on the wrist for this sort of behavior. I'm talking jail time."

      How is the DOJ to know about it, if the cops don't admit it? (And of course they won't.) Who is to know that it's happening, given that no one is watching to make sure it isn't? I suspect this kind of thing is much more commonplace than people generally realize. The cops listen in on phone calls until they hear something incriminating, then knowing what's going on, they go out and find evidence that they can use.

      NR

    18. Re:And? by Darinbob · · Score: 4, Insightful

      However judges can not prosecute in the US. Thus if the US Marshalls and local police are doing this, and the local prosecutors are happy that criminals are being caught so that they can be re-elected, then who's left to actually charge someone with a crime?

    19. Re:And? by Anonymous Coward · · Score: 2, Insightful

      I wish there was someone on my side of the political fence. Democrats and Republicans are both pretty firmly on the right. It would be refreshing to have a leftist anywhere near power in the US.

    20. Re:And? by Carewolf · · Score: 2

      In a court they don't have rules against lying, that is too ill defined; they have rules against intentionally misleading the court. Which is what happened here. Which is pergury.

    21. Re:And? by Anonymous Coward · · Score: 2, Insightful

      When is it ever advantageous to hit someone who can fight back?

      It's one of the best ways to deal with a bully.

      Bullies look for soft targets, and push as far as they can go without retaliation. If you make it clear there is a line in the sand that will cause you to fight back, they rarely cross that particular demarcation. Only if they themselves have something to lose in the fight (say, it costs them so much face that they cannot continue their habit of bullying) or if they are psychopathic will they proceed to harass somebody who makes it clear they will retaliate.

      Usually the bully will push at you to see if you really mean to hold that particular line (and that pushing can be quite unpleasant) but ultimately he will back down if the rewards are not worth it (and they usually aren't). For the bullied, it's risking a short-term loss to avoid a longer period of unpleasantness.

      This works with government too, although - because they are liable to see any challenge as a threat to the rule of law and because of their overwhelming power - , the "push back" can be very unpleasant. But it needs to be done, because otherwise they will continue to encroach upon our rights. The reason they are so successful is that fighting back costs people their lives (financially and socially, if not literally) while it is society as a whole that benefits, and few enjoy martyring themselves for a cause.

    22. Re:And? by rahvin112 · · Score: 4, Insightful

      The president is not omnipotent.

      There is a reason that pre-9/11 there were laws on the books that limited the powers of the FBI and other federal police service's. We relaxed a LOT of those restrictions after 9/11 and a we're reaping the corruption those laws used to prevent.

      There is not much that's scarier than a someone who thinks they are doing the right thing by violating someone else's rights. It's a quick jump right into real fascism (not the word bandied about around the internet that most people don't know what it means and are misusing it). What makes real fascism so scary is that the people behind it are true believers that they are doing the right thing.

    23. Re:And? by catmistake · · Score: 2

      In Smith v. Maryland, 442 U.S. 735 (1979), the Supreme Court held individuals have no "legitimate expectation of privacy" regarding the telephone numbers they dial because they knowingly give that information to telephone companies when they dial a number.[16] Therefore there is no search where officers monitor what phone numbers an individual dials,[17] although the Congress has enacted laws that restrict such monitoring.

      wiki

      This case makes it clear that reasonable expectation of privacy regarding location is invalidated by carrying a cell phone because location information is given to a third party, the phone company. Thus there can be no reasonable expectation of privacy regarding location.

      A strong case is already made in case law (more or less) that if an individual carries a cell phone they have no reasonable expectation of privacy regarding their location because they give their location information to a third party, the phone company. So the feds and the cops are foolish because they had no reason to lie and would have obtained their search warrants legally by telling the whole truth about their use of Stingrays.

      But I don't think so, (and I don't want it to be so) because it fails the second part of Justice Harlan's test in Katz v US 389 U.S. 347 (1967).... because society at large would likely deem a persons expectation of privacy to be reasonable regarding their location (especially if out of sight, inside a private home) regardless of carrying a cell phone... because cell phones are ubiquitous, and the existence of cell phones should not invalidate the entire concept of reasonable expectation of privacy. But that's just my opinion, and, again, a strong dissenting case already exists in case law, and is the law of the land.

      HOWEVER
      the issue here is cops are lying to judges under the direction of federal agents in order to obtain search warrants

      That's bad, and judges should rightly be pissed off about it. But no citizens' rights were violated. The police already had the evidence that the individuals they were seeking already committed a crime... the arrest warrant was already obtained, and they're just searching for the suspects, not using this technology to oppress innocent civilians.

      The real problem is not that the government is out of control. The government does not move with a single mind... it is aggregate and it is not after anyone but criminals. The real problem is that citizens, including everyone posting here, are uneducated blathering idiots, and do not understand their rights, and do not even realize that they have already forfeited their rights by previous actions, such as owning and carrying a cell phone. We fucked up. We let the steady advancement of technology eat our rights because we were not engaged and did not notice, and now its a bit late to start blaming anyone but ourselves.

    24. Re:And? by jeIlomizer · · Score: 2

      it is aggregate and it is not after anyone but criminals.

      Well, that just completely ignores history. Why not brush up on it?

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    25. Re:And? by swillden · · Score: 2

      I agree. I doubt perjury charges will be brought, and doubt even more that they would be successful. But I do expect judges to take a much harder line going forward.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  2. String Them Up by sexconker · · Score: 2

    String them up in front of the courthouse.

    1. Re:String Them Up by Loki_1929 · · Score: 2

      FedGov were fine with Bundy and crew while they were hanging out in the middle of nowhere running around with guns being all anti-government. If they got within 50 miles of the DC line, they'd be face-to-face with Apache gunships and worse and every one of them would wind up in a prison cell or a bodybag very quickly. No one will comprehend the full militarization of law enforcement in this country until an incident like that happens. Quite honestly, we're approaching the point where a major metro police force, combined with local Federal law enforcement assets, could hold their own in a fight with the US Army.

      That should frighten people. It doesn't, partially because they'd never believe it, but it should. Sadly, I don't know how to turn back that tide. No politician will be seen taking resources away from law enforcement because that's political suicide. Violence would be deadly, destructive, and would only reinforce the need for even more militarization. And if violence is your only resort, you're truly in Hell already. Not really sure what else there is besides finding somewhere else to try again. The Founding Fathers of this country knew having a standing military was a huge risk to the freedom of the people. Restrictions were put in place later to ensure the military couldn't be used against civilians except in cases of total rebellion where the government has fallen. With domestic law enforcement's militarization, we have exactly what the Founding Fathers feared most: a force under the control of the government, operating domestically, which has far more firepower than the citizenry. They feared that because they understood that it removes the fear governments have of the reactions of the citizenry when they start working toward oppression and they understood a simple truth: power begets power, and that inevitably leads to oppression. The balance they sought was to keep a government responsive to the needs and wishes of an informed and at least somewhat wise citizenry. A government of regular citizens who cycle in and out of government service would continuously bring fresh ideas and fresh perspectives to maintain the power balance. Of course, the reality is that it's now just millionaires sponsored by millionaires and billionaires doing whatever they need to do to consolidate power even as they're re-elected decade after decade using political party identification.

      Much of this is the fault of the people. We've become so soft and delicate that we can't imagine doing many of the things government now does for us. Police our own streets? That's dangerous! Protect ourselves and our families? That's dangerous! Hell, a good chunk of our population can't even feed itself without the government. We've stepped further and further back away from running our own lives and allowed the government to fill the vacuum. Why? Because it's easier and more comfortable. It's always easier when someone else is taking care of things for you. Everything has to be safe now. Everything has to be clean now. Everything has to be easy. And if it isn't, we expect the government to step in and take it over. Until all that's left is a bunch of sissies in padded outfits in padded rooms staring at a TV and drooling on the floor while an IV keeps them fed. We've allowed ourselves to become so weak and so uninformed that we're almost begging to be taken advantage of at this point.

      Here's a simple example: Of the eligible voters who actually vote (see? I've eliminated something like 60% right there), how many can name everyone in the Federal legislature representing them and can describe the voting record of those representatives on the issues most important to that voter? Let's be incredibly generous and assume it's 20% (yeah, right). So that's 8% of the original. Now how many of those can name everyone at the state level representing them and can describe the record of those individuals on the voter's most important issues? Again, let's be incredibly generous and say 10%. Of those, how many follow all available candidates fo

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  3. how come these hard drives were not erased? by xxxJonBoyxxx · · Score: 2

    odd that an actual paper trail was allowed to be released...wonder who forgot the degausser this time?

  4. Perjury? by Hairy1 · · Score: 4, Insightful

    Isn't this kinda like....um.... perjury? I'm pretty sure that kind of thing isn't taken lightly by the judiciary. Furthermore, isn't it law enforcement meant to be role models for following the law?

    1. Re:Perjury? by JonWan · · Score: 2

      "Isn't this kinda like....um.... perjury? I'm pretty sure that kind of thing isn't taken lightly by the judiciary. Furthermore, isn't it law enforcement meant to be role models for following the law?"

      You know it's sad when this statement is modded funny instead of insightful.

      I guess about all we can really do is laugh, at least until the general public wakes up.

    2. Re:Perjury? by ArchieBunker · · Score: 2

      Guess you've never been in court with a cop. Cops lie to judges and persecutors all the time. If cops don't have enough evidence for a warrant they say an anonymous informant tipped them off and the judge rubber stamps it.

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
    3. Re:Perjury? by drinkypoo · · Score: 3, Insightful

      I guess about all we can really do is laugh, at least until the general public wakes up.

      Those who remember the lessons of history are doomed to watch everyone else repeat them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Re:Illegal, but very useful. by scottbomb · · Score: 4, Informative

    Problem is, the same people who initiate the prosecuting are in on it. Have you heard of a guy named Eric Holder?

  6. pejury by Anonymous Coward · · Score: 5, Insightful

    Can somebody explain to me how this could possibly fall outside the definition of "perjury"? This seems like exactly the situation for which "contempt of court" was created.

  7. Does this taint any verdicts? by ShaunC · · Score: 5, Insightful

    When (e.g.) a forensic examiner is discovered to have manipulated or faked various test results that were introduced by the prosecution, this often results in hundreds of prior cases being reviewed. Every case that person touched as an expert or as a witness is called into question. Verdicts are vacated, people get released from prison.

    Shouldn't that scenario be playing out here? Any case in which a supposed "confidential informant" was used in these Florida jurisdictions is now potentially in question. Defense attorneys should be lining up over this.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  8. Well then by EuclideanSilence · · Score: 2

    Let's see if you are allowed to own and use a stingray (which is basically a cell phone tower mimic). I wonder how innocuous the police will think they are then.

  9. Easy solution by vandelais · · Score: 3, Funny

    Have the manufacturer of the "so-called Stingray", whatever that means, change the branding or release a version called "confidential source".
    After all, one of those "so-called Stingrays" killed Steve Irwin.

    --
    Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
  10. Papers please, comrade. by Anonymous Coward · · Score: 5, Insightful

    We don't need warrants. We don't need to disclose our methods. We don't need to tell the truth.

    We're the fucking cops, and anything we do is OK because it's done in the name of justice.

    Wake up, America. Your police state is happening all around you.

  11. Signal by SleepyHappyDoc · · Score: 5, Interesting

    I seem to remember an old jailbreak app for iPhones, called Signal I think, that triangulated positions of the cell towers you were connected to and plotted them on a map. I wonder if something like this could be used in an app, to warn people when a stingray was capturing their signal. If your app "remembers" the positions of towers, and it suddenly sees a new one, or it sees one that is not stationary, seems to me that'd be a good sign that something wasn't right. Is this possible, or am I misremembering?

    Even better would be if the app connected with others to create a crowd-sourced database of where and when they are used.

    --
    Stasis is death. Embrace change.
    1. Re:Signal by NormalVisual · · Score: 2

      MIT is already working on something similar.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:Signal by turp182 · · Score: 4, Interesting

      Here's more info regarding the link that NormalVisual provided.

      Spidey is an Android app that tracks the cell towers available at a location and can supposedly notify you when new towers show up (or at least identify them by comparing against prior scans).

      I've been trying to use it, but I can't get it to pick up more than one tower at a time, in downtown St. Louis (I would expect several towers to be visible).

      Here's a presentation about the application:
      https://docs.google.com/presen...

      Here's the download link for the app:
      https://rink.hockeyapp.net/app...

      --
      BlameBillCosby.com
  12. Re:So you are saying ... by jeIlomizer · · Score: 3, Insightful

    Its no different than all the youtube videos that show people how to break the law and start off with a "this is for education purposes only" line.

    It's significantly different, because these people are in positions of power in the government and have the ability to easily ruin people's lives.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  13. Re:Why are all of you so naive ? by Runaway1956 · · Score: 5, Insightful

    Why, exactly, do you think it alright to make this issue partisan? Did the Obama administration pass the Patriot Act? Did the Obama administration create the secret courts? Which surveillance laws, exactly, did Obama have passed?

    The fact of the matter is, GOVERNMENT is out of control. Two administrations, one led by each of the major parties, has abused the system, and encroached on the rights of American citizens. The first administration oversaw the enactment of these unjust laws, the second administration is merely pushing the boundaries of those laws.

    The problem is GOVERNMENT, the problem is not a specific administration.

    Let us address the real problem, and let's stop using Obama as the boogeyman. The real boogeymen are the DNC and the GOP.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  14. Perjury anyone? by EmperorOfCanada · · Score: 4, Insightful

    Perjury anyone? Shouldn't there be a whole bus load of policemen going to jail? I am fairly certain that any of us would be going to jail if we deliberately falsified documents going to a judge for something as serious as a search warrant.

    This would be an excellent exercise in eliminating a whole swath of police who don't respect our rights. I would also hope that they put them in general population so that they can encounter first hand the monsters that their injustices have created.

    1. Re:Perjury anyone? by camperdave · · Score: 3, Insightful

      The problem isn't just the police officers; the ones who instructed the police to lie should also be getting jail time. Sadly, as others have pointed out, the only ones with the authority to bring them to justice is they themselves.

      --
      When our name is on the back of your car, we're behind you all the way!
  15. The feds are scared by jonwil · · Score: 3, Interesting

    The feds are probably scared that if state cops release all this info (or allow it to be brought up in a court where defense lawyers could get the info in questioning), it could A.Allow the bad guys to figure out how to detect these devices (and therefore not do anything incriminating over their phones when they detect one or possibly even find ways to avoid the monitoring all together by e.g. switching carriers for their throwaway phones) or B.Give the bad guys information they could use to get a judge to say "you need a warrant to do what you did, you didn't get one therefore your evidence is inadmissible"

    1. Re:The feds are scared by NormalVisual · · Score: 4, Insightful

      Of course they're afraid of that. Heaven forbid we actually allow the accused to exercise their right to a fair trial.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  16. Re:Clearly illegal? by MachDelta · · Score: 3, Insightful

    Depends on who you ask. Their excuse here is that they're not wiretapping anything, they're just playing 'Marco Polo' with your phone while moving around so they can triangulate where you are so then they can get a warrant. Supposedly, they aren't listening to your calls (not that you'd have any way of verifying that or even challenging it in court) so it doesn't count as wiretapping. In reality, this is taking a page out of the NSA's playbook and trying to skirt the law on a technicality.

  17. I'm Gonna Whistle Blow by Anonymous Coward · · Score: 3, Insightful

    What they don't tell you about the Stingray is the all sorts of illegal things it has been developed to do as a "fake" cell tower. This thing is capable of far more than triangulating a cell phone's location, all of which is a huge invasion of privacy. Because of the Stingray tech, there is only one real way to protect yourself from surveillance while carrying a cell phone: removal of the battery.

    The cops are being encouraged by the government and Harris Corporation to keep from revealing these devices as a source because they want to avoid a situation where they have to reveal everything the Stingray is capable of doing.

    For those who can make the connection, let's just say that I've lived in Melbourne for years.

  18. Re:Why are all of you so naive ? by Anonymous Coward · · Score: 5, Insightful

    It isn't a partisan issue, but if anyone can fix it, it's the current administration. Previous administrations are no longer in power and future administrations haven't been elected yet. Obama could stop it but doesn't, so of course it's his fault.

  19. Re:Undermine police testimony in subsequent cases by EmagGeek · · Score: 3, Insightful

    Forget subsequent trials. It will also undermine the previous trials and those convictions could be thrown out.

    All of those officers lied on the stand and should be charged as such.

  20. App to detect stingray by EmagGeek · · Score: 4, Insightful

    A stingray is basically just a base station emulator, right? It should be theoretically easy to detect whether or not your phone is connected to one based on the output power setting on your phone's radio, and knowing the distance to the legitimate towers around you.

    Since all phone adjust their power output to the minimum necessary to maintain a link to the base station, If the power setting on your phone is too low for the distance, there is a good chance you are connected to something much closer to you.

    All we need is an app that knows where all of the towers are located (freely available information on the web) and that can make a reasonable calculation as to how much power should be required to maintain a link for a given phone position.

    Any thoughts?

  21. Re:Why are all of you so naive ? by C0R1D4N · · Score: 2

    It's the job of NSA/CIA etc to be trying to do all this shit as much as possible and with as high a quality as possible. It's not their job to pay attention to the constitution or any of that. The failure is in the whole "checks and balances" aspect of our system not checking or balancing.

  22. Re:Why are all of you so naive ? by sjames · · Score: 3, Funny

    Perhaps if you ask right, such as "What are the coordinates of cell towers we shouldn't destroy?"

  23. Re:Why are all of you so naive ? by ganjadude · · Score: 4, Informative

    Did the Obama administration pass the Patriot Act?

    yes, actually he did, he re authorized it making it his now, he could have easily declared it over but instead he kept the power. it is his fault that we still have it

    Did the Obama administration create the secret courts?

    we dont know if he did or not, but we do know he is using them, there is no point in worrying about past presidents abuse when we have a current one abusing power

    Which surveillance laws, exactly, did Obama have passed?

    once again we simply dont know being that the most transparent government is about as transparent as tar, but we do know that under obama surveillance has increased, again this is something that he could have rolled back but didnt

    --
    have you seen my sig? there are many others like it but none that are the same
  24. Re:Why are all of you so naive ? by sjames · · Score: 5, Informative

    Actually, it *IS* their job.

    Meanwhile, this is the Department of Justice. It is most CERTAINLY their job to obey the Constitution and such basics as not commit or suborn perjury.

  25. Re:people are the problem. by mariox19 · · Score: 2

    It's not simply that they're "just doing their job." Some of them justify what they do that way. But some of them have convinced themselves that they're on the side of the angels. They catch "bad guys"—that's the simpleton phrase they use. So, anything they do is okay, because the ends justify the means.

    What?! Do you like bad guys or something?

    The average person cannot integrate anything so abstract and complicated as the need for constitutional restraints: meaning, why government power needs to be restrained, even if in the short run of particular cases the "inconvenience" of such restraints lets the "bad guys" get away. The only thing the average person is able to digest is so-called "patriotism," the fight of "good guys versus bad guys" (in this case, literally, cops and robbers), and the kind of chauvinism of association that allows them to believe that they and the other great bunch of guys on the job are hard at work doing good.

    This kind of mentality can accommodate any kind of political circumstances just as happily as any other—America, Iran, Cuba, the old Soviet Union, Nazi Germany, or what have you. That's what's so scary.

    --

    quiquid id est, timeo puellas et oscula dantes.

  26. Re:Why are all of you so naive ? by Bartles · · Score: 2

    Why, exactly, do you think it alright to make this issue partisan? Did the Obama administration pass the Patriot Act?

    Yes. Barack Obama signed it into law on December 31st, 2011. For the rest of your points, refer to my second sentence.