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Before Using StingRays, Police Must Sign NDA With FBI

v3rgEz writes Advanced cell phone tracking devices known as StingRays allow police nationwide to home in on suspects and to log individuals present at a given location. But before acquiring a StingRay, state and local police must sign a nondisclosure agreement with the FBI, according to documents released via a MuckRock FOIA request. As Shawn Musgrave reports, it's an unusual setup arrangement for two public agencies to swear each other to secrecy, but such maneuvers are becoming more common.

30 of 124 comments (clear)

  1. Isn't mutual secrecy just implied? by swb · · Score: 5, Informative

    Of course we won't arrest you for drunk driving or domestic assault Mr. FBI, just like you won't arrest us for violating civil rights or using this highfalutin' cell phone spy gizmo.

  2. More common, and possibly unconstitutional... by Anonymous Coward · · Score: 5, Insightful

    Because if they don't get a warrant, and don't tell the judge how they acquired the evidence, it's still OK, right?

    1. Re:More common, and possibly unconstitutional... by mythosaz · · Score: 5, Informative

      Nah, now that we've listened in on your phone calls, we'll begin our process of Parallel Construction.

      Thanks for making the calls though :)

    2. Re: More common, and possibly unconstitutional... by TheCarp · · Score: 4, Interesting

      No, that would imply republicans when the reality is, this is really a bipartisan screwing. The Democrats typically move in lockstep with the republicans when it comes to their shared belief that us peons don't even deserve the truth about what they are doing, never mind any rights to redress of actual grievance.

      --
      "I opened my eyes, and everything went dark again"
    3. Re:More common, and possibly unconstitutional... by TWX · · Score: 2

      If there's no case within a circuit, then that circuit cannot rule on it. If circuits like the 9th never get the case in the first place then there's no contrary rulings to have to decide upon.

      --
      Do not look into laser with remaining eye.
    4. Re:More common, and possibly unconstitutional... by NormalVisual · · Score: 4, Insightful

      Never happen. A previous poster alluded to parallel construction - what will happen is the suspect's calls will be listened to, then another agency will be given a time, location, and a car to look for. The suspect's car will get pulled over for failure to use a turn signal or some such, at which time a dog will be brought in, "alert" on the car, and the suspect will be arrested. These guys *know* that Stingray-gathered evidence won't hold up since the device itself can't be examined, and that operating them is contrary to FCC regulations to begin with. They can't allow any information gathered from them to be introduced into court, so parallel construction neatly solves all of their problems.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    5. Re:More common, and possibly unconstitutional... by viperidaenz · · Score: 2

      Never happen? http://news.slashdot.org/story...
      Happened.

    6. Re:More common, and possibly unconstitutional... by TheCarp · · Score: 2

      Perhaps "FCC Requires" in the way the police "require" that if you want to speed you not do it in front of them?

      --
      "I opened my eyes, and everything went dark again"
    7. Re:More common, and possibly unconstitutional... by sumdumass · · Score: 2

      Nah, it doesn't circumvent the need for a warrant, it circumvents the need for a third party who would/might ask for a warrant before processing and handing the information over.

      A huge difference if you ask me.

    8. Re:More common, and possibly unconstitutional... by BringsApples · · Score: 3, Insightful

      In reality, it's not so different from what would be captured via a wiretap. All this does is circumvents the need for a warrant.

      Not really. This is a silly device that will capture smart phone location and what it's doing. So if you and your drug cartel buddies want to have a secret meeting, you'll have to leave your cell at the house. Or maybe pay someone to carry your phone for you while you go to the meeting. Or maybe you could just turn your phone off when you don't want to be tracked.

      On the other hand, if you want to kidnap a person, you'll need to get rid of their cell, fast. Maybe toss it in someone's backyard/shed that you don't like. Also, just wait till one of these things hits the streets, and it's used against law enforcement agents.

      Anyone that wants a single go-to for criminal activity, or fighting crime, will have to eventually admit that they're doing it wrong, as anything that requires the use of one weapon, can easily be defeated with a few smaller actions, or inaction.

      --
      Politics; n. : A religion whereby man is god.
    9. Re:More common, and possibly unconstitutional... by Anonymous Coward · · Score: 2, Informative

      Because if they don't get a warrant, and don't tell the judge how they acquired the evidence, it's still OK, right?

      That is the whole idea, the devices themselves are technically not secret, just how (and by whom) they are being used. The FBI does not want mere mention of this device to come up in a court so a judge can rule that a warrant is required. The fact that the FBI is so desperately afraid that the courts are going to find out how often these are being used proves that they KNOW they are breaking the law.

    10. Re: More common, and possibly unconstitutional... by fustakrakich · · Score: 2

      There really is no reason to distinguish between republicans and democrats. The people who buy their positions for them are very pleased with their performance, and even more so with the performance of the voters who so faithfully reelect these carpetbaggers. It's all money well spent.

      --
      “He’s not deformed, he’s just drunk!”
    11. Re:More common, and possibly unconstitutional... by meerling · · Score: 2

      Keeping it secret like that is a pretty good indication that they are up to no good, and are damn well aware of it.

  3. Re:A little B and E maybe? by Anonymous Coward · · Score: 2, Informative

    "Stingrays" are more generically called "IMSI catchers". There isn't really anything terribly secret about them, except where they're used and for what purpose.

  4. Re:United States of Amerika by Bill,+Shooter+of+Bul · · Score: 2

    I can only hope. From your fingers to God's eyes.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  5. Conspiracy to commit fraud by Anonymous Coward · · Score: 2, Interesting

    They are impersonating wireless carriers which is fraud.

  6. read it wrong by excelsior_gr · · Score: 3, Funny

    I read the title as "sign DNA" rather than "sign NDA". I got excited thinking about a deal signed in blood...

  7. -1 Paywall by Luthair · · Score: 3, Informative

    NT

  8. Re:What if they break the NDA? by Charliemopps · · Score: 5, Insightful

    Who goes to jail? Everyone who signed the NDA?

    Edward Snowden. He's also responsible for all future acts of Terrorism, wars, and the color Beige.

  9. Re:A little B and E maybe? by king+neckbeard · · Score: 2

    Unless, of course, they have additional functions outside of those that have been publicly disclosed.

    --
    This is my signature. There are many like it, but this one is mine.
  10. Re:United States of Amerika by Anonymous Coward · · Score: 2, Informative

    I can only hope. From your fingers to God's eyes.

    The most foolish mistake we could possibly make would be to allow the subject races to possess arms.
    - Adolf Hitler

    If the opposition disarms, well and good. If it refuses to disarm, we shall disarm it ourselves.
    - Joseph Stalin

    I gave the categorical order to confiscate the largest possible number of weapons of every sort and kind. This confiscation, which continues with the utmost energy, has given satisfactory results.
    - Benito Mussolini, address to the Italian Senate, 1931

    All political power comes from the barrel of a gun. The communist party must command all the guns, that way, no guns can ever be used to command the party.
    - Mao Tze Tung, Nov 6 1938

    Guns, for what?
    - Fidel Castro

    If I could have banned them all – ‘Mr. and Mrs. America turn in your guns’ – I would have!”
    - Diane Feinstein

  11. Re:What if they break the NDA? by TheCarp · · Score: 2

    All things being equal that sounds right to me, however, I don't think all things are equal here.

    Now IANNAL but as I understand it an agreement to break the law cannot be a legal contract. Agreeing to not disclose something which the police have no right to actually refuse to disclose is an agreement to break the law; is it not?

    Also, as I understand it, an agreement to break the law, is itself a criminal act known as conspiracy.

    If the local police and FBI are entering into an agreement which would require them to break the law to conform to, and they then conform to the agreement, how is that not a criminal conspiracy?

    Seriously, I don't doubt they have some technical legal out but, if they do, its a technical loophole and a serious weakness in the law as it stands, because all I see here is conspiracy to obstruct justice by withholding evidence.

    --
    "I opened my eyes, and everything went dark again"
  12. The government within the government by Anonymous Coward · · Score: 2, Insightful

    This is so frightening to think that no one can discuss what it is they are doing. This type of behavior WILL lead to secret police forces subverting the legal system; This WILL bring about a new Nazi SS, or Soviet Union KGB; This WILL be the undoing of the United States of America and the rights of the people.

    Anybody involved with these secret underground forces is not to be respected nor obeyed!!!

  13. Re:A little B and E maybe? by currently_awake · · Score: 2

    An IMSI catcher is a cell tower that re-directs to another cell tower. So all traffic to and from your phone goes through it. Voice, meta data, data, email, text messages. Of course they are legally required to get a warrant before they tap your phone, but the rest is probably up for grabs. Assuming they follow the law.

  14. Re:United States of Amerika by Mashiki · · Score: 3, Informative

    If the only thing you can get out of that is "godwin" you need to update yourself on the topic. That is, fascism always marches towards disarming a population in order to further it's own agenda. A disarmed population is a cowed population.

    --
    Om, nomnomnom...
  15. Re:United States of Amerika by Mashiki · · Score: 3, Informative

    I can only hope. From your fingers to God's eyes.

    Oh noes...guns. So we've got guns in Canada, and guess what? We don't have the murder problem, what you have in the US in a culture problem. Or rather a culture problem with sections of your society, should I just point out the obvious? Well what the hell I've got karma to burn. If you remove black gun related crime guess where the US would sit in terms of gun violence? Not much higher than most countries in Europe. You can bury your heads in the sand, scream "zomg racist" all you want and the longer you continue to do so, the longer the problem remains unresolved. It's the same in Canada with drinking and driving, and aggravated assault. The vast majority of these cases resolve around two groups: Jamaicans and Natives. With Jamaicans it's mainly around the drug trade, especially hard drugs and Natives it's DUI, and violent altercations while intoxicated. That's why they're the two most represented minority clases in our prisons.

    I'm sure someone will trot out the "but countries that have banned guns..." yes indeed, they have pretty much eliminated gun violence. Of course criminals moved onto knives, bats, and other things. Which is why in a place like the UK if you're under 18 you can't buy a knife easily, and why assault with a weapon is the most commonly laid charge with "blunt force, or lacerations" being the primary indicator in cases of death or AS.

    I'm sure someone with an agenda will start modding this into oblivion, and I say "disprove it." The stats are out there, you can see them yourself on wikipedia and can order them under FOIA/Open Access in various countries. You don't like it? Tough, it's reality. You want it changed, fix the problem.

    --
    Om, nomnomnom...
  16. Re:What am I missing? by currently_awake · · Score: 2

    I don't see how anything a police department does could count as a trade secret, given that everything they do is covered by FOIA laws. I don't see how admitting to spying on people without a warrant could violate their right to privacy.

  17. Re:United States of Amerika by Sarius64 · · Score: 2, Funny

    Let me guess -- you're part of the animals that count more.

  18. Defense attorneys by EagleRider70 · · Score: 2

    Defense attorneys need to ask any and all law enforcement offers who they depose and/or question on the stand if Stingray was used in the case. This is the best way to undermine this.

  19. still need a warrent for a landline? by Thud457 · · Score: 2

    In the late 20th century, you could tell the drug dealers because they carried one-way pagers.
    In 21st century, you'll be able to tell the drug dealers because they all carry one-way pagers.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff