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Judge Unseals 500+ Stingray Records

An anonymous reader sends this excerpt from Ars Technica: A judge in Charlotte, North Carolina, has unsealed a set of 529 court documents in hundreds of criminal cases detailing the use of a stingray, or cell-site simulator, by local police. This move, which took place earlier this week, marks a rare example of a court opening up a vast trove of applications made by police to a judge, who authorized each use of the powerful and potentially invasive device

According to the Charlotte Observer, the records seem to suggest that judges likely did not fully understand what they were authorizing. Law enforcement agencies nationwide have taken extraordinary steps to preserve stingray secrecy. As recently as this week, prosecutors in a Baltimore robbery case dropped key evidence that stemmed from stingray use rather than fully disclose how the device was used.

107 of 165 comments (clear)

  1. Consent of the Governed by saloomy · · Score: 4, Insightful

    You can not consent to what you do not know. A free society mandates that the governing be done in open view of the public. Otherwise, how can we consent to what we are unaware of. As Lincoln said: "... of the people, by the people, for the people..."

    1. Re:Consent of the Governed by cold+fjord · · Score: 2, Informative

      The US is a Republic, not a direct democracy. The lawmakers are representatives that do some things behind closed doors out of practical necessity. Abraham Lincoln had people spying on the Confederacy, and that wasn't done in the open view of the public either. There is always going to be a tension between the need to keep the public informed and the need to keep some things secret. Trying to resolve that tension by asserting there must be no secrets in government is a losing game and it goes against practically all experience and wisdom.* One may reasonably argue about where the boundaries should be, not not about the practical necessity of the government keeping some things secret.

      *Hence the popularity among some on Slashdot.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    2. Re:Consent of the Governed by saloomy · · Score: 4, Informative
      ...certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it ... End of story. There can be no action taken by a government on behalf of its people argued to be for its people, yet conceal that action from its people in the name of its people. It's oxymoronic.

      need to keep some things secret

      Need to keep things secret? Who decides what is needed to be kept secret? Patriots? Those who stand with liberty and freedom certainly don't.

    3. Re:Consent of the Governed by AHuxley · · Score: 1

      Re Need to keep things secret?
      Thats what the release of the records will show. Legal teams can go over past cases and talk about what was done to the press.
      Issues of parallel construction, what legal teams saw or where not allowed to see and when can be talked about to the press.
      Legal teams can then talk to the press about the use of a IMSI catcher, IMSI catcher like devices with denial-of-service attack options, location monitoring, transceiver amplifiers.
      Meet the machines that steal your phone’s data (Sept 26 2013)
      http://arstechnica.com/tech-po...
      If the US wants a secret court it can talk to all the legal teams and find cleared legal staff and experts depending on the case.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Consent of the Governed by fustakrakich · · Score: 1

      Good to you so proudly standing for the queen....

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Consent of the Governed by cold+fjord · · Score: 2, Interesting

      You seem to hold some mistaken ideas about what "those who stand with liberty and freedom" actually do in some cases. The people that wrote that text you quote employed spies and kept some matters secret, both before and after the Revolution.

      Resolution of Secrecy Adopted by the Continental Congress, November 9, 1775

      Resolved, That every member of this Congress considers himself under the ties of virtue, honour, and love of his country, not to divulge, directly or indirectly, any matter or thing agitated or debated in Congress, before the same shall have been determined, without leave of the Congress; nor any matter or thing determined in Congress, which a majority of the Congress shall order to be kept secret. And that if any member shall violate this agreement, he shall be expelled this Congress, and deemed an enemy to the liberties of America, and liable to be treated as such; and that every member signify his consent to this agreement by signing the same.

      Maybe you should read that again just so it sinks in - not keeping certain secrets could make you an enemy of the liberties of America in the eyes of the Founding Fathers.

      Do you understand the meaning of representative government? The consent is to be governed, not to every single individual action of government.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    6. Re:Consent of the Governed by cold+fjord · · Score: 1

      I know you're not really detail oriented, but your overlooking the first sentence of my post is a bit egregious even for you.

      The US is a Republic .....

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    7. Re:Consent of the Governed by cold+fjord · · Score: 1

      The US is an oligarchy in rhetoric only, in reality it is a republic in which corporations can't vote but citizen can. Election still determine the composition of Congress and it is Congress that makes the laws, not corporations, even if corporations can and do influence the contents of various laws. The recently stated intent of the President to ignore the power of Congress is a troubling development, but one which I expect many on Slashdot will agree with.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    8. Re:Consent of the Governed by Anonymous Coward · · Score: 1

      You are severely unread when it comes to modern politics, in addition to lacking observation faculties to see the obvious. Maybe you should abstain from peppering all discussions here with patriotisms and read more instead. Here's a start: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9354310

      This is the conclusion, for your weekend education:

      Let's talk about the study. If you had 30 seconds to sum up the main conclusion of your study for the average person, how would you do so?

      I'd say that contrary to what decades of political science research might lead you to believe, ordinary citizens have virtually no influence over what their government does in the United States. And economic elites and interest groups, especially those representing business, have a substantial degree of influence. Government policy-making over the last few decades reflects the preferences of those groups -- of economic elites and of organized interests.

    9. Re:Consent of the Governed by davester666 · · Score: 1

      Unfortunately, now the gov't is "Abraham Lincoln" and the rest of the population is "the Confederacy".

      --
      Sleep your way to a whiter smile...date a dentist!
    10. Re:Consent of the Governed by cold+fjord · · Score: 1

      Wait, are you telling me that there is a disparity in the influence of the patricians and the plebeians?!? And it's only been found out now?!? Quick, send runners to Caesar and the Senate! They must be informed at once! All of Rome and its traditions are in peril!

      Everything old is new again.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    11. Re: Consent of the Governed by cold+fjord · · Score: 1

      If you call the US a police state then you are mistaken as to the nature of police states. It may be less free than it was, and less free than it should be, but it is still no police state.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    12. Re:Consent of the Governed by Anonymous Coward · · Score: 1

      The US doesn't invade AND occupy its neighbors. They go farther, and don't stay there for decades.

      HAHAHAHAHA!!!!!!!

      No, they go in, set up their corporations to dominate economically, and pistol whip anybody that steps out of line. Why spend money on garrisons when you can make the strongest force of the world "project power" anywhere on the globe in a matter of hours? Occupation is so mid-20th Century and expensive.

      Look at the shithole you Americans turned Mexico into, while they were begging the entire time for you guys to ease off on that War on Drugs nonsense.

      Now come back at me with some self-righteousness while you play some Team America theme in the background.

    13. Re: Consent of the Governed by Anonymous Coward · · Score: 1

      Don't stay there? Ask Hiwaiians. Germans. Japanese. Iraq. Still there with military basis. And trust me, you get nothing of a fair trial in the US. You can't win on trial. The best you can hope for is to walk away after a lot of stress and wasted time and money. The worst is they execute you after imprisoning you in a hell for twenty years. So tell me, how can you win when you are put on trial? There is nothing just about American justice at all, nor anything free about American freedom.

    14. Re:Consent of the Governed by Uberbah · · Score: 1

      No. A free society mandates that the government be accountable. That requires the public to have some knowledge of the acts committed by the agents of said government. When the government must report to its citizens is a matter of debate.

      And how do you propose to have this "accountability" if the actions are kept secret? You seem to be contradicting yourself.

    15. Re:Consent of the Governed by Uberbah · · Score: 2

      The US is a Republic, not a direct democracy.

      He didn't say it was. If you think Republic and Democracy are incompatible, you don't understand either term.

      The US is an oligarchy in rhetoric only, in reality it is a republic in which corporations can't vote but citizen can. Election still determine the composition of Congress and it is Congress that makes the laws, not corporations, even if corporations can and do influence the contents of various laws.

      What kind of dumbfuckery is this? The bank bailouts alone make a very bad liar out of you. The mandate to purchase for-profit health insurance further pulls back the curtain to reveal that you've put on your clown shoes.

      Again.

    16. Re:Consent of the Governed by Endymion · · Score: 1

      We have no representative government until several things happen:

      So time to bring back "No taxation without representation"?

      --
      Ce n'est pas une signature automatique.
    17. Re:Consent of the Governed by anegg · · Score: 2

      A corollary to the indiscriminate use of broad data gathering technology is that it will likely lead to a desire on the part of the general public for more secure technologies to keep these abuses from affecting them. So the overreach may (eventually) lead to more secure technology being generally available, which means the bad guys will have it along with the general public. And law enforcement will be worse off than before. This problem was apparently recognized by the NSA but the cooler heads did not prevail, and we are seeing public Internet services becoming more secure, which will protect the public, but which will also protect the scum.

    18. Re:Consent of the Governed by Zontar+The+Mindless · · Score: 1
      --
      Il n'y a pas de Planet B.
    19. Re:Consent of the Governed by Zontar+The+Mindless · · Score: 2

      That would be just peachy if votes for particular candidates/parties actually counted for something.

      It really amazes me that someone who appears to be as intelligent as you do cannot see the state-within-a-state that has grown up in the US since the Second World War. Just as Eisenhower warned it would.

      --
      Il n'y a pas de Planet B.
    20. Re:Consent of the Governed by DexterIsADog · · Score: 1

      ...certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it ... End of story. There can be no action taken by a government on behalf of its people argued to be for its people, yet conceal that action from its people in the name of its people. It's oxymoronic.

      need to keep some things secret

      Need to keep things secret? Who decides what is needed to be kept secret? Patriots? Those who stand with liberty and freedom certainly don't.

      You are arguing that *nothing* should be kept secret from the people. Not the use of these devices by law enforcement, or the plans to go kill bin Laden, nuclear launch codes, etc.

      If you claim you're not arguing that, then you *must* believe that *some* things should be kept secret, and if you do, I'll ask you who decides which things should be. You?

      I love absolutist arguments like the one you made. You represent a "pure" view - really, *no* action can be taken by the government to benefit the people, and be kept secret? The fact is, you're in the same boat as the rest of us. This is far from the end of the story.

    21. Re:Consent of the Governed by cold+fjord · · Score: 1

      You skipped over something.

      ... it is Congress that makes the laws, not corporations, even if corporations can and do influence the contents of various laws.

      Didn't suit your view?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    22. Re:Consent of the Governed by cold+fjord · · Score: 1

      This was done this was done ... You are correct to a point..

      So you basically agree with me. Thanks.

      BTW - Starting off your reply with "dumbass" detracted from your argument.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    23. Re:Consent of the Governed by cold+fjord · · Score: 1

      He didn't say it was. If you think Republic and Democracy are incompatible, you don't understand either term.

      If you think a republic and direct democracy are compatible, you don't understand the term. That is an important distinction that plays into that whole "representative government" thing, not to mention secrecy debates.

      What kind of dumbfuckery is this? The bank bailouts alone make a very bad liar out of you. The mandate to purchase for-profit health insurance further pulls back the curtain to reveal that you've put on your clown shoes.

      Consulting the Congressional record I could find votes by Senator Mccain and Reid. Could you show me in the Congressional record the votes by Citibank and United Healthcare? Or aren't there any?

      Where are Citibank and United Healthcare registered to vote?

      I find it hard to believe you took a trip in your clown car for this.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    24. Re:Consent of the Governed by cold+fjord · · Score: 1

      And how do you propose to have this "accountability" if the actions are kept secret? You seem to be contradicting yourself.

      WW I, WW II, the Viet Nam war, and others all had massive amounts of secrecy associated with them. Were elections suspended? No.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    25. Re:Consent of the Governed by fustakrakich · · Score: 1

      Everything old is new again.

      :-) Yes... Even the part you play as the emperor's chief philosopher has been part of the show since its inception.

      --
      “He’s not deformed, he’s just drunk!”
    26. Re:Consent of the Governed by wierd_w · · Score: 1

      The pedant's pedant antecedant was to see the point, but fail to read it.

      Since your pedantry has you all tied up in knots, let me break down what others are so desperately trying to get you to realize.

      1) Yes, The people casting the votes for legislation are indeed the elected officials. HOWEVER, the laws being voted on are often NOT PENNED BY THESE PEOPLE. Instead, they are often first penned as proposals by interest groups, which then get run through an approvals and support process, and get folded into larger bills, which then eventually get voted on. This is known as a "Christmas Tree Bill"
      http://en.wikipedia.org/wiki/C...

      2) While anyone may theoretically petitiion congress, many studies have been conducted which indicate that congressional members (used generically for both house and senate) do not give any weight at all to such petitions, and give all their attention to the lobbyists that show up with suitcases full of money, minivans full of hookers, and dumptrucks full of blow.

      http://www.washingtonpost.com/...

      These things are the elephant in the room my friend. It has been fucking PROVEN that the popular vote and popular issue created interest groups have practically no power to influence US policy, and yet you cling to the "VOTE!, IT'S THE WAY!" statement.

      Somebody here is being delusional, and it isnt the people you are arguing with.

    27. Re:Consent of the Governed by cold+fjord · · Score: 1

      It has been fucking PROVEN that the popular vote and popular issue created interest groups have practically no power to influence US policy, and yet you cling to the "VOTE!, IT'S THE WAY!" statement.

      Really? I hear that the NRA, unions, ACLU, AARP, NAACP, and plenty of other organizations have influence. You'll telling me they don't? .

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    28. Re:Consent of the Governed by wierd_w · · Score: 1

      If you note in the article I cited, there was research that concluded this after reviewing data for 20 years.

      If you disagree with the position, the onus of proof is on you to show how the interpretation is wrong.

      you don't get an easy out.

    29. Re:Consent of the Governed by sjames · · Score: 1

      First, Abe wasn't any part of the government of the Confederacy so the obligation to openness didn't apply there.

      However, no matter where you might draw the line for public disclosure, surely the executive has no right to keep Congress and the judicial branch in the dark as they have done with Stingray. I would go further and say that the existence and use of the tech should be publicly disclosed while I understand they may need to keep the operational details of a particular use secret until they either prosecute or abandon the investigation (but no longer).

      Any longer than that and they have defied consent of the governed and lost all moral legitimacy.

    30. Re:Consent of the Governed by cold+fjord · · Score: 1

      It doesn't matter if you have 100 years of data if the study is wrong.

      Here is Center For American Progress President Neera Tanden explainging how she helped write one of the biggest pieces of legislation in US history, Obamacare. It seized control over 1/6th of the economy and had many far reaching effects, not all of which have been seen yet.

      I don't recall that the Center for American Progress is noted as a being an advocate for "the rich." So it looks like interest groups do have some pull after all.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    31. Re:Consent of the Governed by Pablew+Nopl · · Score: 1

      someone who appears to be as intelligent as you do

      You are referring to cold fjord, right...?

    32. Re: Consent of the Governed by cold+fjord · · Score: 1

      "Denial" may be "comforting," but too many engage in fantasy when considering these matters.

      Which are these so called "free countries acting like police states" that you claim is a reality? How is it acted out?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    33. Re: Consent of the Governed by cold+fjord · · Score: 1

      The subject of the article is centered on investigation and actions by local police, not the federal government. Based on your post that must mean that the US is a republic again. That's a good thing since the US just held an election for the next Congress. If the US wasn't a republic anymore then the candidates that just won would have nowhere to go in January next. Thank goodness they still do. And when they get there they will be about the People's business again. It looks like it was a good thing I was here to explain that to you since you got it wrong.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    34. Re:Consent of the Governed by cold+fjord · · Score: 1

      Excellent question. I see you're coming along nicely.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    35. Re:Consent of the Governed by cold+fjord · · Score: 1

      You may recall that Eisenhower warned about the so-called "Military Industrial Complex." At the end of WW 2 the GDP devoted to defense spending was just under 40%. It has been falling since then with just a few interruptions. Today defense spending hovers around 4-5% of GDP after climbing a bit after 9/11. If the "MIC" is a "state within a state" it isn't a very successful one given its long slide in the resources it controls which is now only about 10% of what it controlled when Eisenhower was a General of the Army.

      Pardon me .... I just made a huge assumption, didn't I? Were you referring to Eisenhower's often overlooked other warning? That one seems to have come true far more than the warning about the so-called "Military Industrial Complex." To quote:

      Yet, in holding scientific research and discovery in respect, as we should, we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific technological elite.

      Man, that raises goose pimples.

      As to voting ... Although there are many areas of broad agreement today between the parties*, there are important differences between them too. It's pretty clear that voting for the different parties does mean something. You may recall that Obamacare was a 100% Democratic party vote. If the Democrats in the administration and Congress had been unfettered there would have been another futile "assault weapons" ban, and that didn't happen at the national level although Democrats in various states have pushed something like that through. There are enough differences between the parties and their typical policy preferences so as to make voting meaningful.

      * US remains a democratic republic with a more or less capitalist economy, civil rights are good, foreign powers aren't allowed to invade, Europe is a friend, racism is bad, something resembling law and order will be maintained, etc..

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    36. Re:Consent of the Governed by ChrisMaple · · Score: 1

      Mexico turned itself into a shithole. It has been a country of corruption and robbery for centuries, and no outside influence can do much to change that, for better or worse.

      --
      Contribute to civilization: ari.aynrand.org/donate
    37. Re: Consent of the Governed by ChrisMaple · · Score: 1

      Hawaii became a state by the vote of its own residents. Germany and Japan gain tremendous economic advantage by not having to provide fully for their own defense; American forces would be gone quickly if either government insisted. American forces remain in Iraq for the same reason hospitals use disinfectant.

      --
      Contribute to civilization: ari.aynrand.org/donate
    38. Re:Consent of the Governed by ChrisMaple · · Score: 1

      Corporations and government are one. You can't separate them.

      Skilling and Madoff are in prison, so they're not separated from the government. Still, the situation hardly seems to be to their advantage.

      Grow up.

      --
      Contribute to civilization: ari.aynrand.org/donate
    39. Re: Consent of the Governed by ChrisMaple · · Score: 1

      Says the person too cowardly to identify himself.

      --
      Contribute to civilization: ari.aynrand.org/donate
    40. Re:Consent of the Governed by wierd_w · · Score: 1

      While your example is indeed a high profile one, it is still just that-- one example-- which is not what is needed to counter the claim of the researchers.

      That claim being that statistically, politicians listen more to campaign financiers and lobbyists than they do to their actual constituency of registered voters, and do so by a very large margin.

      "Oh look! This voter advocacy group got what they wanted! That means 'You're Wrong!'"

      No, it means one of several things:

      1) The disparity is not an absolute; (which the researchers never asserted.)

      2) The agenda of the advocacy group coincided with another, more influential group's agenda.

      3) The actual reason for the group's proposal being acted upon was more "political stunt" than "normal politics."

      Love the false equivalence argument there too; It stems from over-application of boolean thinking. It makes several false assumptions, in the effort to disprove a point of contention. Those being: (YourArgument$="Politicians ONLY give time and resources to campaign financiers and corporate lobbyists"), and (Exception$="ACA was co-authored by a member of the Center for American Progress, an organisation that is neither of those, so YourArgument$ is false!" The reality is that YourArgument$= "Politicians STRONGLY FAVOR giving time and resources to campaign financiers and corporate lobbyists", which permits, and expects such exceptions turning up. Meaning, your argument doesn't prove anything other than your own inability to read.

      All that is necessary for it (voting) to no longer be a viable method of reliably enacting change, is for the politicians to favor their financial interests sufficiently more than the interests of their constituency. This has been demonstrated by the cited research. Showing that it does not happen more frequently is what you need to prove. NOT that there are exceptions, no matter how exceptional they are. Proving the existence of exceptions only works with boolean properties. The cited problem is not a boolean property.

      Try again. Show how the researchers misinterpreted 20 years worth of data, such that voting becomes a viable method of reliably getting political change.

      For an example that I think you might better comprehend-- The lottery is not rigged. For every ticket you buy, you increase your odds of winning, which are never a zero percent probability as long as you have purchased at least one ticket. Pointing out how somebody won the lottery does not prove that buying lottery tickets is a good way to reliably make money.

      A person stating "You wont win." is supported statistically. Sure, you MIGHT win-- but your odds of it happening are vanishingly small.

      The people you are arguing against are saying "Voting wont get you the change you want." This is supported by the statistics presented by the research cited, as more often than not this is indeed the case. Just like the lottery, somebody has to win. In the case of politics, sometimes the underdog gets his way. It does not make either into reliable methodologies.

       

    41. Re: Consent of the Governed by cold+fjord · · Score: 1

      It's a pity you don't seem to be able to distinguish fact from fiction, form from substance, or even identify the important facts. But such is often the case on Slashdot where memes substitute for thinking, troublesome facts are ignored, and wishful thinking treated as facts. Not being able to distinguish between the USSR and the US? Pitiful.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    42. Re:Consent of the Governed by uninformedLuddite · · Score: 1

      There are only two things that I stand for

      1: The Queen
      2: To Pee

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    43. Re: Consent of the Governed by uninformedLuddite · · Score: 1

      This is becoming a serious issue of demarcation. It is my job to be rude and obnoxious. Please kindly fuck off.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    44. Re:Consent of the Governed by Zontar+The+Mindless · · Score: 1

      Wrong != stupid.

      --
      Il n'y a pas de Planet B.
    45. Re:Consent of the Governed by Pablew+Nopl · · Score: 1

      In cold fjord land:
      1) You have the right to be subjected to mass surveillance by your government. This is neither a violation of your rights nor a violation of the constitution.
      2) You have the right to be molested at airports and anywhere else TSA thugs might want to harass people at. Again, magically not a violation of the 4th amendment or your rights.
      3) It's perfectly okay for the government to ban drawings of children having sex, because society doesn't like that sort of thing. Not a free speech issue at all.
      4) Free speech zones are a-okay. Not a violation of the first amendment as long as it's temporary. Have to give other people a chance to speak by violating some people's free speech rights.
      5) The courts are always right, regardless of what the constitution says or what its spirit is.
      6) Pretty much any policy or law that violates your privacy and the constitution is fine as long as it's done in the name of safety. Mass surveillance of public places, DUI checkpoints, etc.
      7) Questioning any of this means that you want "license" and not 'real liberty.'

      All these while he claims to want limited government. If that doesn't show that he's devoid of critical thinking skills and principles, I don't know what does.

    46. Re:Consent of the Governed by Zontar+The+Mindless · · Score: 1

      I think it shows he's misguided.

      --
      Il n'y a pas de Planet B.
    47. Re:Consent of the Governed by Pablew+Nopl · · Score: 1

      Given how misguided he is, I think there may be a serious issue with his brain.

    48. Re: Consent of the Governed by beastofburdon · · Score: 1

      Any state which has the power to arrest you and detain you indefinitely without charge is a police state.
      Any state which can assassinate you without being charged and convicted of a crime is a police state.

      Guess what two powers our executive branch has claimed for themselves!

    49. Re: Consent of the Governed by beastofburdon · · Score: 1

      Not at all true. You should read this, particulary "Overthrow of 1893" and "Annexation":

      http://en.wikipedia.org/wiki/H...

      TLDR: Rich Americans overthrew the monarchy in Hawaii then signed the treaty to annex it into the US.

    50. Re:Consent of the Governed by beastofburdon · · Score: 1

      Yes, I was going to post this one if nobody else hadn't.
      Americans see our history through rose colored glasses as they read a highly redacted version of it where all the parts that could be criticized are removed.

    51. Re:Consent of the Governed by cold+fjord · · Score: 1

      You're wrong. 90% of the people didn't want "something done about guns." That is drivel. Besides, even if they did, the 2nd Amendment provides an individual right that laws have to be consistent with or they are subject to being struck down as has been happening in a number of states and cities.

      If you don't think Republicans and Democrats pursue different policies then you aren't paying attention. Even when they generally agree there are often significant differences in the details.

      Let me know when you identify a member of Congress that was elected by $100 bills or just lobbyists. They still are elected the same old way: by voters.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    52. Re: Consent of the Governed by cold+fjord · · Score: 1

      If done in a purely civilian context during peace you have an argument. However it doesn't hold up during armed conflict. It is completely lawful and reasonable to either kill or capture and detail people fighting as part of the enemy in an armed conflict. The US happens to be in that state at present. The US is not a police state.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    53. Re: Consent of the Governed by beastofburdon · · Score: 1

      So, would you like to enlighten me as to what country is currently invading the United States to justify assassination lists and indefinite detention?

      The simple fact is that our country is the one who has invaded many countries in the middle east with absolutely no real justification for any of them.
      They are not the terrorists, we are. Until you can admit this you are nothing more than a pathetic enabler.

  2. Police legal authority by currently_awake · · Score: 2

    In the absence of a judicial order/warrant a police officer should have the same rights as any ordinary citizen, except when they see a crime being committed. If police can operate a stingray then anyone should be able to do so. If police can demand (and get) telephone records without cause then so should everyone else.

    1. Re:Police legal authority by saloomy · · Score: 1

      If the police do not have a warrant, then you can refuse to give the police information. Like an individual can plead the 5th, and remain silent, short of a court order, so can a corporation. Verizon / AT&T do not have to hand over anything without a warrant or law saying they have to. But the question is, how much money do they get for cooperating? How much does the government spend on telecom services, and how much grant money is spent on the telecom industry? They are incentivized to cooperate.

    2. Re:Police legal authority by currently_awake · · Score: 2

      If the police have in their possession the full telephone meta-data for all phone calls, then we should be able to get that with an access to information request. Since it's not part of an ongoing police investigation and there are no privacy considerations in meta-data.

    3. Re:Police legal authority by jonwil · · Score: 1

      The issue here isn't that AT&T or Verizon are handing over data.
      The police are basically using devices produced (without the cooperation of carriers in many cases) that essentially "man in the middle" cellular telephony signals to capture the information they want.

    4. Re:Police legal authority by saloomy · · Score: 1

      I know, the stingray is essentially a hacking tool. That makes you think though, why on earth is there a large wireless network carrying sensitive data without TLS (transport layer security), or encryption between the modem on the phone, and the carrier? Either the contents are not sensitive, or the carriers / cell phone manufactures are complicit or worse.. incompetent.

    5. Re:Police legal authority by wiredlogic · · Score: 1

      except when they see a crime being committed

      Citizens already have the same powers as police when they see a crime being committed. That is to say that police officers have nothing special other than a presumed reliability when testifying in court.

      --
      I am becoming gerund, destroyer of verbs.
    6. Re:Police legal authority by future+assassin · · Score: 1

      No no thats not how it works. When it comes to you asccesing you info its breach of privacy. SIlly citizen tricks are for kids...

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    7. Re:Police legal authority by JWSmythe · · Score: 1

      The way to make them was shown at Defcon years ago, and there is plenty of information online on how to make a femtocell.

      You could make one and use it, but unless you're only intercepting your own phone, you'll likely get some unwelcome attention from law enforcement.

      --
      Serious? Seriousness is well above my pay grade.
    8. Re:Police legal authority by sumdumass · · Score: 1

      I agree with one exception....

      The police should have less rights than an ordinary citizen when acting in their official capacity. Our rights guaranteed in the constitution are protections from government intrusions and the police are government plain and clear. The people however have more leeway in some matters that government is expressly prohibited in or limited unless certain hoops are cleared first.

    9. Re:Police legal authority by Marful · · Score: 1

      Police also have qualified immunity. Which is the most important part that separates regular citizens and police from effecting arrests.

    10. Re:Police legal authority by AHuxley · · Score: 2

      Re 'Either the contents are not sensitive"
      Think back to the early cell standards. Who set them and why? Emerging cell networks had to be safer from random strangers but totally open in real time to govs and mil needs.
      Cost, time and who works on the telco networks can also be important to local law enforcement officials.
      Why risk a computer database entry or tracked code change in a national or global telco system? A number or location is now been tracked.
      Who at the telco has seen or can track the local or national law enforcement sensitive database changes?
      Local law enforcement officials become the telco connection in an area for a time and the only people who have full details on who is been tracked.
      No courts, no requests to telco staff or vast databases, no lawyers later, media, FOIA for paper work at a city or state level. Just all the call data.

      --
      Domestic spying is now "Benign Information Gathering"
    11. Re:Police legal authority by meerling · · Score: 2

      The fact that (onduty) police would rather throw away evidence gathered using Stingray that admit they used Stingray seems to heavily indicate that even the police don't believe that evidence gathered without a warrant through the use of Stingray can very well get them into legal trouble.
      If you think I'm talking about the Stingray "evidence" being excluded, that obviously isn't it for two reasons. First, they themselves dropped it, which if that was the penalty they were worried about, it would be extremely self-defeating to do so. Second, they have a tendency to "throw it at the wall and see what sticks". If you don't understand that phrase, it means try everything you can get away with, and see what works and then go with that.

      It is easy to infer from their secrecy and actions that they don't think what they are doing is legal. Of course, who's going to arrest them or slap their dirty hands because you know damn well it won't be the cops. I guess they just got some coal in their stocking now that one of judges has decided to break ranks and make this information available.

    12. Re:Police legal authority by Zxern · · Score: 1

      And that's it exactly. The stingray is basically a wireless phone tap without the pesky need to go through the phone company to do it and therefore no need to goto a judge for a warrant or even an NSL letter.

      Right now they can tap anyone they want whenever they want with no oversight whatsoever. They don't want this brought before a court as this would reveal their (probably illegal) parallel construction schemes. So it shouldn't be a surprise they'd rather throughout a case than have it brought up for review.

    13. Re:Police legal authority by bl968 · · Score: 1

      It's being kept such a secret because the government doesn't want you to know the police are running these devices for the NSA. I can bet you that they are getting copies of anything these things vacuum up.

      That's the whole secret here the government has turned the powers of the NSA on the American people in the name of the war on drugs, and the war on crime by claiming they want to fight terrorism. People will give up freedom for that. They will fight tooth and nail the other two reasons. The NSA is providing information directly to local, state, and federal law enforcements on crimes committed by ordinary Americans.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    14. Re:Police legal authority by CrimsonAvenger · · Score: 1

      a police officer should have the same rights as any ordinary citizen, except when they see a crime being committed.

      Your sentence should have ended right after the word "citizen" if you really were talking about "rights".

      Note that if you're talking about "powers" (something governments have instead of "rights"), I'm curious what "powers" you think a police officer should have when they see a crime being committed that you don't think an ordinary citizen should have.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    15. Re:Police legal authority by IamTheRealMike · · Score: 1

      I know, the stingray is essentially a hacking tool. That makes you think though, why on earth is there a large wireless network carrying sensitive data without TLS (transport layer security), or encryption between the modem on the phone, and the carrier? Either the contents are not sensitive, or the carriers / cell phone manufactures are complicit or worse.. incompetent.

      GSM dates to 1987. When it was created, the previous mobile telephony standard was analogue - you could listen in on calls just with a regular radio. There was a very small amount of digital signalling to the network, but the field of commercial crypto hardly existed back then and subscriber cloning/piracy was rampant. GSM introduced call encryption and authentication of the handset using (for the time) strong cryptographic techniques. It was very advanced. But it didn't involve authentication of the cell tower to the handset, partly for cost and complexity reasons and partly because a GSM base station involved enormous piles of very expensive, complex equipment that had to be sited and configured by trained engineers. The idea of a local police department owning a portable, unlicensed tower emulator was unthinkable, as the technology to do it didn't exist, and besides .... trust in institutions has fallen over time. Back then it probably didn't seem very likely police would do this because they could always just get a warrant or court order to turn over data instead.

      When 3G was standardised, this flaw in the protocol was fixed. UMTS+ all require the tower to prove to the handset that it's actually owned by the network. Little is publicly known about how exactly Stingray devices work but it seems likely that it involves jamming 3G frequencies in the area to force handsets to fall back to GSM, which allows tower emulation.

      The latest rumours are that the company that makes Stingrays has somehow found a way to build a version that works on 3G+ networks too called "Hailstorm", but it's dramatically more expensive and as mobile networks phase out GSM in the coming years police departments are having to pay large sums of money to upgrade. The whole thing is covered in enormous secrecy of course so it's unknown how Hailstorm devices are able to beat the tower authentication protocol. Presumably the device is either exploiting baseband bugs, or is using stolen/hacked/court-order extracted network keys, or it was built in cooperation with the mobile networks, or there are cryptographic weaknesses in the protocols themselves.

    16. Re:Police legal authority by DexterIsADog · · Score: 1

      It's being kept such a secret because the government doesn't want you to know the police are running these devices for the NSA. I can bet you that they are getting copies of anything these things vacuum up.

      This is unnecessary paranoia. I'm sure you can bet police are sending copies of the data to the NSA, but I'm also sure you'd also wave goodbye to your money.

      The police and the NSA have different agendas, and are unlikely to be interested in the same targets. The amount of overlap is probably so small that they just don't bother to ask. Your assumption that the police simply send everything they get to the NSA is tinfoil-hat territory. It would take too much effort to incorporate it into what the NSA is *actually* monitoring.

    17. Re:Police legal authority by AHuxley · · Score: 1

      The only trick is getting local state and city officials to upgrade for 4G LTE without paperwork showing to local media or a FIOA request.
      Cities scramble to upgrade “stingray” tracking as end of 2G network looms (Sept 2 2014)
      http://arstechnica.com/tech-po...

      --
      Domestic spying is now "Benign Information Gathering"
    18. Re:Police legal authority by RockDoctor · · Score: 1
      If technical standards (in this case, for GSM) mean anything, then you should be able to design and implement such a pseudo-tower from the documentation. GETTING the documentation, on the other hand, may be expensive : many standards are actually quite expensive to purchase, and many are also particularly encumbered with patent rights too. But these [should be | are] implementation issues which should be resolvable.

      So in theory, you ought to be able to work out the maximal capabilities of such a device from the documentation. But then deciding what features are actually of interest to $ThreeLetterAgency$ is a separate question. I would be entirely un-surprised to find that the manufacturers of such equipment have a modular design to allow implementation of different capabilities at different price points, and also to allow the implementation of capabilities which are illegal in some countries, in equipment destined for other countries. Since GSM is used in both Sweden and Saudi Arabia, a company manufacturing this interception equipment in Sweden may not be able to sell equipment for some functions in Sweden, but shouldn't face any significant encumbrance selling much more invasive capabilities to a Saudi $ThreeLetterAgency$.

      Indeed, it seems that the OpenBTS project is getting a long way down the line towards doing this sort of work. The tricky thing would seem to be getting the permission to run the radio transmitters. And if you're willing to break the law, or you "Am The Law" (quoth Judge Dredd, but please, not the Stallone pooftah). that's not much of a technical problem.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  3. What I really want to know is... by frikken+lazerz · · Score: 1

    If they will reveal which one killed Steve Irwin.

  4. In Soviet America... by Anonymous Coward · · Score: 1, Insightful

    In United Russia, you track down cell phone...

    In Soviet America, cell phone track you down.

    --sf

  5. Troy Tempest by rossdee · · Score: 1

    and his copilot "Phones" of the W.A.S.P.

  6. punishing Dice with griefer bots? by globaljustin · · Score: 4, Interesting

    these extreme trolls are complex enough that they might mean something

    i wonder what organization (and their PR wing) would be pissed that Slashdot published this story

    it could be that if they can't keep it from being published then they systematically subvert it by putting racist/homophobic stuff as first post to make it obnoixious

    in other words, sockpuppet griefers

    --
    Thank you Dave Raggett
    1. Re:punishing Dice with griefer bots? by DexterIsADog · · Score: 1

      these extreme trolls are complex enough that they might mean something

      i wonder what organization (and their PR wing) would be pissed that Slashdot published this story

      it could be that if they can't keep it from being published then they systematically subvert it by putting racist/homophobic stuff as first post to make it obnoixious

      in other words, sockpuppet griefers

      Ah, thank goodness the core /. membership hasn't abandoned the site.

      Why recognize that some people just like being assholes, when you can posit another paranoid conspiracy? Really, the conspiracies are more fun.

  7. NDAs by NormalVisual · · Score: 3, Informative

    Regarding the NDAs that have been signed with Harris and the government not to disclose information regarding the Stingray devices - I was under the impression that a civil contract could not override state or federal law, and any such clauses requiring such are non-enforceable. These judges need to be finding every single one of the officers and prosecutors in contempt when they present "but we're under an NDA" as an argument in a court of law.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
    1. Re:NDAs by Shadow+of+Eternity · · Score: 1

      Yes, and torturing people is a war crime. Good luck getting either enforced.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    2. Re:NDAs by thegarbz · · Score: 1

      Bah water boarding is not torture. It's more of a kind gesture to entire people to hand over sensitive information. The vice president told me so.

    3. Re:NDAs by Zontar+The+Mindless · · Score: 2

      That is why the U.S.A. has not declared any war in 50 years, so they can play word games and get around the geneva convention.
      The only wars that the U.S.A has been declaring are against concepts: war, terrorist, etc.

      See? The dangers from ACs trying to spread pernicious truths such as these is exactly why we need everyone's communications tapped at all times!

      --
      Il n'y a pas de Planet B.
  8. Living in Soviet USA by Bar666Bar · · Score: 2

    Poor people who have to live in countries like Russia, USA or North Korea. They don't know what is "freedom" anymore.
    Government makes decision for them, poor chaps just need to bend over and take it in the asssssss

    1. Re:Living in Soviet USA by serviscope_minor · · Score: 1

      There are many, many things wrong with the USA, but comparing it to Russia never mind North Korea is just plain stupid.

      --
      SJW n. One who posts facts.
    2. Re:Living in Soviet USA by Pablew+Nopl · · Score: 1

      Rather, a result like North Korea and Russia are possible if we do not get our government to start following the constitution and respecting our fundamental liberties.

      Personally, I don't understand why all these pro-mass surveillance people don't just move to North Korea. It already has all that they want, or what they'll eventually get if they keep pushing their hardcore authoritarian agendas.

    3. Re:Living in Soviet USA by uninformedLuddite · · Score: 1

      You actually think that you have more freedom in the USA than the average person in Russia? That's priceless.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
  9. Justice is hardly blind by Anonymous Coward · · Score: 1

    They just want you to look the other way....

    Never trust a cop. It's their job to make you suffer.

  10. Dear Judges, by brxndxn · · Score: 1

    Clandestine agencies in the US have circumvented all pillars of free and open government in order to slice off your balls, and tell you that you do not need to look down when you notice the pain. Please act with urgency while there are still means to sew them back. It is your duty to push back. No matter what maze-like justification is used to create a framework that undermines the foundation of our country; it is never justified nor does it serve to create justice. Stingray breaks the law just by existing.\

    --
    --- We need more Ron Paul!
    1. Re:Dear Judges, by Kariles70 · · Score: 1

      Here is an idea. Lets give the government even more power than before. That will show them! And lets always vote the party of big government because they say they want to give us freebies all the time!

      When you give up your rights, no matter how seemingly insignificant they may seem at the time or for whatever good reason they have to justify it, you will not get them back. Most people sleepwalk through that thinking their government is their friend. Thousands of years of history have shown otherwise. Stingray should not exist. But since its as unconstitutional as the social security system is now, some Gilligan out there will ask "but what would we replace it with". I'm sure they'll also say Stingray is "for the children" like they claimed that law enforcement not being able to intercept iphone6 encrypted data would support pedophiles.

    2. Re:Dear Judges, by Pablew+Nopl · · Score: 1

      And lets always vote the party of big government because they say they want to give us freebies all the time!

      "the party is big government" is The One Party, which is actually just the Republican and Democrat parties. Surely you aren't under the illusion that there are truly meaningful differences between the two? The One Party has been taking away our fundamental liberties in the name of safety for a long time; there is consensus between the 'two' fake parties. They just distract people with issues like welfare, abortion, the economy, and same sex marriage and pretend that that's all there is.

      The only people you should vote for are people not affiliated with The One Party and who care about freedom and the constitution.

    3. Re:Dear Judges, by dryeo · · Score: 1

      My country has a small government type conservative government, the only thing they believe government should be doing is spying on the citizens and locking them up for thought crimes (and other victimless crimes). Those parts that do things like make sure our food is safe to eat or make sure the railroads are run good enough that towns don't get destroyed by trains rolling into town and exploding, well they get rid of that part of government.
      I'd rather have a large government that is interested in civil rights then a small government that is only interested in repressing the citizens. Others are the opposite and prefer a government that only represses the common man.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  11. Are these cell emulators licensed by the FCC? by fleebait · · Score: 1

    If a device is used on the airwaves in the cell phone bands to emulate a tower, then necessarily, it will have to have a transmitter. Is the device type registered by the FCC, does each emulator have a site license? Does each operator have a license to operate the device?

    If it is a "cell phone test device" then it must be associated with a properly licensed technician.

    The legal requirements to simply operate the device include much more than the rights of the person of interest. For that reason alone, the concealment of the use of the device would be reason enough to throw out any information obtained from it, even before any case law is considered.

    IANAL, but I have had 6 different FCC licenses, and have had to jump through many hoops. (I think only 3 are current now).

    1. Re:Are these cell emulators licensed by the FCC? by BlueStrat · · Score: 2

      If a device is used on the airwaves in the cell phone bands to emulate a tower, then necessarily, it will have to have a transmitter. Is the device type registered by the FCC, does each emulator have a site license? Does each operator have a license to operate the device?

      If it is a "cell phone test device" then it must be associated with a properly licensed technician.

      The legal requirements to simply operate the device include much more than the rights of the person of interest. For that reason alone, the concealment of the use of the device would be reason enough to throw out any information obtained from it, even before any case law is considered.

      IANAL, but I have had 6 different FCC licenses, and have had to jump through many hoops. (I think only 3 are current now).

      The FCC is an Executive Branch agency, the same as the NSA, DoJ, etc.

      If any bright-boy at the FCC *did* bring up the legal status concerning use of Stingrays FCC-regulation-wise, he'd be told to shut up, and also quite likely put on a surveillance list as a possible security/leak threat. "The most transparent administration in history" is extremely aggressive about stomping on whistelblowers and their families with government jackboots.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  12. Can cell towers/protocols find & blacklist the by swb · · Score: 1

    Is it possible for the existing cell network/protocols to identify "unknown" towers -- ie, those that appear in the spectrum but aren't known to be legitimate cell towers and somehow blacklist them to limit their functionality?

    Do cell towers have a way of communicating to handsets which towers should be avoided or not used?

  13. Cell Phone Interceptor - link to sales page by eric31415927 · · Score: 1

    These have been around for years.
    Police departments can buy one from:
    http://www.meganet.com/meganet...

  14. Human Body Cells? by AndyCanfield · · Score: 2

    I spent an hour trying to figure out what this posting meant. Wikipedia lists lots of meanings for "stringray" but none having anything to do with human body cells. And why would a policeman want to simulate the location of my human body cells? Stimulate, with a T, perhaps, painful like a stingray, but not smulate.

    The missing keyword was "phone". I live in Thailand. They're not called "cell phones" over here, they're called "mobile phones". If anyone posts an article about (US cell) phones, I hope they throw in the word "phone" somewhere so that we over here can comprehend it.

    Thanks.

    1. Re:Human Body Cells? by MoarSauce123 · · Score: 1

      In Germany a mobile phone is called "Handy".

  15. Tower Authentication ? by nehumanuscrede · · Score: 1

    I know squat about cellular, but I'm guessing some sort of authentication system is in place to allow mobile units from a particular carrier to connect to a tower from the same carrier and only those towers ? ( ignoring roaming for the moment )

    Would it be possible to ' fingerprint ' all of the carriers towers and push that information to a database kept on the phone ? I wouldn't think such a database would be all that big considering any given carrier has a few thousand towers at best. During the handshake process, the phone would query tower info and run it through some sort of hash algorithm and if it doesn't match, it doesn't connect. Or at the very least, it tells you it doesn't match.

    Potential issues would then be roaming status on your phone and the Government, under the guise of terrorism and protecting the children clauses, getting the carriers to add tower authentication signatures for their double-naught-spy systems.

  16. FTFY by CaptainDork · · Score: 1

    Use Google to search for the word, "trolling."

    --
    It little behooves the best of us to comment on the rest of us.
  17. Download? by Runaway1956 · · Score: 1

    I'm looking for the download. No, I don't expect the software to be made available, although that would be cool. I just want to view those records that have been unsealed.

    --
    "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
  18. Re:welcome to slashdot by globaljustin · · Score: 1

    almost 10 years isn't a 'noob' on any internet forum

    --
    Thank you Dave Raggett
  19. Re:Seized Stingray by PPH · · Score: 1

    Are you referring to the Stingray brand cell site simulator (made by Harris)? Or just a generic cell site simulator? Because a lot of companies make these and some are more easily available to the public (through gray channels) than others.

    --
    Have gnu, will travel.
  20. Re:Can cell towers/protocols find & blacklist by AHuxley · · Score: 1

    Phone Firewall Identifies Rogue Cell Towers Trying to Intercept Your Calls (09.03.14)
    http://www.wired.com/2014/09/c...
    Will the next generation of rogue cell tower have the ability to be another normal cell tower?

    --
    Domestic spying is now "Benign Information Gathering"
  21. Re:welcome to slashdot by zieroh · · Score: 1

    You're a 6-digit uid noob yourself. You've never been to the slashdot that was worth reading either.

    Says the anonymous coward.

    --
    People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
  22. I am sure the judge knew very well by MoarSauce123 · · Score: 1

    There are still some judges left that use common sense and reject to become tools for orvellian spy programs.

  23. Codes for Mitsubishi Diagem by uninformedLuddite · · Score: 1

    Does anyone remember the code that turned the Misubishi Diagem into a cell phone scanner? It's been a long time and I cannot remember.

    --
    The new right fascists are bilingual. They speak English and Bullshit.
  24. Re:welcome to slashdot by DexterIsADog · · Score: 1

    I think the first /. uid I abandoned was 5 digit.

    But that's not the point. The point is you said something reeeaaallly stupid, and I made fun of you.

    Deal with it.