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How Police Fight To Keep Use of Stingrays Secret

v3rgEz writes: The NY Times looks at how local police are fighting to keep their use of cell phone surveillance secret, including signing NDAs with Stingray manufacturer Harris Corp and claiming the documents have been lost. It's part of a broader trend of local agencies adopting the tactics of covert intelligence groups as they seek to adopt new technology in the digital era. "The nondisclosure agreements for the cell site simulators are overseen by the Federal Bureau of Investigation and typically involve the Harris Corporation, a multibillion-dollar defense contractor and a maker of the technology. What has opponents particularly concerned about StingRay is that the technology, unlike other phone surveillance methods, can also scan all the cellphones in the area where it is being used, not just the target phone. ... For instance, in Tucson, a journalist asking the Police Department about its StingRay use was given a copy of a nondisclosure agreement. 'The City of Tucson shall not discuss, publish, release or disclose any information pertaining to the product,' it read, and then noted: 'Without the prior written consent of Harris.'"

33 of 140 comments (clear)

  1. Whitelisting real mobile carrier towers by udachny · · Score: 2, Interesting

    I am thinking that some sort of a white list for real towers, their signal and locations will need to be developed and actively maintained to stop this fucking abuse of power on the technology level.

    On the individual rights level the fucking police state is completely destroying those with all of these unauthorised searches (which is what they are), the Constitution is used to wipe the fucking government officials asses.

    (oh, and /. it's been 16 seconds since I pushed the 'reply' button, has it? I am a quick fucking typist, you morons).

    1. Re:Whitelisting real mobile carrier towers by Anonymous Coward · · Score: 5, Interesting

      Encryption... bah.
      Snooping ... bah

      I say let them listen, but drown them out with noise.
      Congest the networks with noise. Make an App that send packets of random data to random IP addresses, sprinkle other packets with "key words" randomly , hell even use older broken encryption schemes to "make their life easier".

      Needle in a haystack, bugger that, make it like looking for a very specific grain of sand on a very very big beech and down them in worthless data.

    2. Re:Whitelisting real mobile carrier towers by Dutch+Gun · · Score: 4, Insightful

      You're forgetting how good computers are at searching for stuff in big data sets, or in filtering crap from real data. 95% of my e-mails are spam, but the best filters manage to block them them out with incredible accuracy. Also, I take it you're volunteering YOUR bandwidth for generating all that extra data? Most of us don't have unlimited data plans.

      Don't pooh-pooh encryption. That turns your data into actual white noise for them, which is why they're scared silly of people actually using it without mandatory government-approved back doors. Soon, privacy-savvy customers are going to demand end-to-end encryption for ALL communication all their devices, including messaging and normal phone calls. You can already see this happening in incremental steps. There's simply no other way to be assured that people aren't listening in on you.

      --
      Irony: Agile development has too much intertia to be abandoned now.
  2. America, the Police State. by Anonymous Coward · · Score: 4, Insightful

    Stingrays are just the latest in a long line of prosecutorial abuse.

    The government classifies volumes of information to hide evidence of their own wrongdoing. They use secret tools like stingrays to gather secret evidence which they attempt to present in secret, sealed and off the record. And in the event that an "activist judge" calls them on it, they withdraw the evidence so as not to have it revealed, and then re-file charges a month later to go shopping for a different judge.

    This month we found out they lock people up in secret detention facilities in Chicago, in America, without booking them, no Miranda rights, no access to a lawyer, such that no one but the police even knows where these people disappear to for days or weeks on end. This isn't Gitmo, this is happening in the USA. Police are shooting and killing people weekly if not daily, acting as judge jury and executioner, and they face zero consequences.

    The police state isn't coming, it's here. Anyone who thinks otherwise is delusional.

    1. Re:America, the Police State. by Anonymous Coward · · Score: 5, Insightful

      Isn't this exactly what the second amendment was for?

    2. Re:America, the Police State. by Letophoro · · Score: 5, Informative

      I found this article about Homan Square pretty quickly.

    3. Re:America, the Police State. by Anonymous Coward · · Score: 2, Interesting

      But at what point do you actually *do* something? All this corruption and surveillance and the absurdity of the TSA powers is all tolerated because of the guise of freedom in the form of "we have guns so we could do something about it" but how much more government bootlicking will you tolerate being forced to do before you actually *use* the powers you have been granted by the second amendment?

      If you overturn the ammo ban then will you use the second amendment powers to change the oppressive dystopian government?

    4. Re:America, the Police State. by trippin_efnet · · Score: 2

      I feel like you must really have your head buried deep in that sand to believe this. You don't even have to dig very deep to see the government actively fighting us. How bad does it have to get before we call it a dystopian government? That is not a rhetorical question. Where do you personally draw the line?

    5. Re: America, the Police State. by Anonymous Coward · · Score: 2, Insightful

      No, jackass, your great grandfather would punch his local judge or representative in the face for even considering allowing the crap that's going on today.

      People used to actually mean freedom when they said freedom.

    6. Re:America, the Police State. by sjames · · Score: 2

      That is disturbing, but one nit to pick.

      Gitmo *IS* the United States, in spite of bending logic and reason into a pretzel to make a bad excuse for going around the constitution. The U.S. flag flies there, not the Cuban flag. The U.S. military controls the grounds, not the Cuban government. No Cuban citizens can go there.

  3. If you're doing nothing wrong by 50000BTU_barbecue · · Score: 3, Interesting

    you have nothing to hide, right? What's good for the pig is good for the swine, no?

    --
    Mostly random stuff.
  4. What puzzles me is... by Nutria · · Score: 4, Insightful

    why the ACLU hasn't filed suit yet to bring this to the SCOTUS.

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:What puzzles me is... by Whorhay · · Score: 2

      The problem is likely in finding someone with standing to file the suit. Just because something is blatantly illegal doesn't mean the courts will give you the time of day. You have to convince someone who has been harmed in some way by action you want to sue over. Using a stingray device to track down a specific cell phone could likely degrade the performance of cell phones in the area where it is used and violate peoples expectations of privacy, but actually proving that any one persons privacy was invaded or cell service disrupted unjustly will be quite a challenge.

      That is all complicated by the fact that most cell phones operate in a wide open mode where they latch on to any strong tower signal. There is very little or no protection built in for preventing man in the middle attacks. They are operating by broadcasting radio signals that in theory are open and available for anyone with the right equipment to listen too. In fact much of the spectrum that is used for cell phone service today used to be available for amatuer HAM license use, if I am not mistaken, and so there is a lot of old equipment out there designed to listen and broadcast on those frequencies. Now that those frequencies have been sold to private enterprise you aren't allowed to broadcast willy nilly there, but there is nothing making it illegal to listen so far as I know.

      I completely agree that the current usage of stingray type devices is unconstitutional. And I hope that it gets beat down in the courts sometime soon. But I don't imagine it'll be an easy or fair fight for groups like the ACLU.

    2. Re:What puzzles me is... by shutdown+-p+now · · Score: 2

      You mean, like this?

  5. Welcome to the new America by goodmanj · · Score: 5, Insightful

    Welcome to the new America, where license agreements can trump the Bill of Rights.

    1. Re:Welcome to the new America by msauve · · Score: 4, Insightful

      But, the thing is, the cops don't have a license to transmit on the frequencies uses. Yet another case of breaking the law to enforce the law.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Welcome to the new America by CFD339 · · Score: 2

      but you have to burn the village to save it.

      --
      The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  6. What is the point? by Mullen · · Score: 2

    I don't see the point of this device. If you use a Stingray to catch a criminal, then can't the criminal simply request how the device works and once that is denied, the evidence used to catch the criminal is simply thrown out. The whole point is gather evidence but if that evidence is unusable, then the whole point of the device is gone.

    --
    Linux O Muerte!
    1. Re:What is the point? by geekmux · · Score: 4, Insightful

      I don't see the point of this device. If you use a Stingray to catch a criminal, then can't the criminal simply request how the device works and once that is denied, the evidence used to catch the criminal is simply thrown out. The whole point is gather evidence but if that evidence is unusable, then the whole point of the device is gone.

      Oh, I'm sorry. You must be mistaking this decade for previous ones when we actually upheld the law, and did not place lawmakers and enforcers above it at all times, with almost guaranteed impunity.

      Good luck with your theory here. Let me know how that shit works out.

    2. Re:What is the point? by ganjadude · · Score: 4, Insightful

      the problem is they use the stingray to gather evidence. After they have it all, they only use the evidence they can claim they collected the old fashioned way to avoid talking about the sting ray. its an end run around the constitution is all it is

      --
      have you seen my sig? there are many others like it but none that are the same
    3. Re:What is the point? by Anonymous Coward · · Score: 3, Insightful

      Welcome to parallel construction.

  7. Two words: Parallel Construction by swb · · Score: 2

    You use the Stingray to build evidence, you then construct a case so that what you find out via Stingray can be presented as having been discovered legally.

    That way defense counsel has nothing to challenge and the secret/illegal intelligence gathering stays safely hidden.

    The appropriate literary reference isn't some John Grisham novel, it's Franz Kafka.

  8. Re:Suprising by bobbied · · Score: 2

    I am surprised that one hasn't been stolen yet.

    Are you SURE about that?

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. 4 words by Terry95 · · Score: 2

    Freedom of Information Act

    If they really could hide wholesale violation of millions of people's 4th Amendment rights behind a civil NDA contract it is seriously time for new federal felony laws with MANDATORY prison times for every government employee involved in the conspiracy to block FOIA releases. Of course obviously if it were something they wanted to do they would brush civil contracts aside just like they do criminal laws now.

    I have about decided that the magic wand of "National Security" should be rescinded as well. All this secrecy is doing FAR more harm to American citizens than the wholesale release of EVERY national secret ever possibly could.

  10. Articles like this on Slashdot help. by Bing+Tsher+E · · Score: 2

    The way to 'defeat' Stingray is to talk about it. Incessantly and to all the people you know who don't necessarily read Slashdot. If you use Facebook, link articles like the ones in the OP above to your Facebook page.

    Everybody who pays taxes is entitled to know as much as possible about Stingray. We can help that process along.

  11. Re:Exactly! by 50000BTU_barbecue · · Score: 2

    In theory, but the state has unlimited resources. You don't.

    --
    Mostly random stuff.
  12. Re:Two words: Parallel Construction by Dutch+Gun · · Score: 2

    Parallels could perhaps also be drawn with the Enigma codebreaking project in WWII. The allies had to be very careful to ensure that some "other" method of discovering German state secrets was plausible to avoid giving the game away. For instance, they'd direct spotting planes over U-boat positions before attacking even though they already knew exactly where they were.

    --
    Irony: Agile development has too much intertia to be abandoned now.
  13. Now now. by Ungrounded+Lightning · · Score: 2

    Because the ACLU always supports old rich white people. They hate poor people and want us to die.

    Now now...

    They got together with the NRA to defend people in Chicago public housing against warrantless searches for guns.

    NRA over searches for guns and banning gun possession by the law-abiding-but-poor-and-mostly-off-color, ACLU over the warrantless searches, hand-in-hand. "Politics makes strange bedfellows." was certainly true there.

    Or are you so brainwashed that you think having guns to defend themselves from gangsters would increase, rather than reduce, the death rate among the poor?

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  14. Re:Perhaps these devices can be identified... by AHuxley · · Score: 2

    For the next gen? It would give out an exact network like any other branded tower in the area.
    A few pretty vans, trucks and your town has a new small cell tower. Connects on fast networks, all protocols as expected.
    Is it a real tower or not? Who is paying to connect all the calls as a real telco would?
    It still has to work as a normal tower for all devices connected over months?
    That "nice software defined radio chip could create a nice monitoring network in your hometown" gets interesting :)

    --
    Domestic spying is now "Benign Information Gathering"
  15. What is the legal theory here? by crbowman · · Score: 4, Insightful

    One of the things that I really hate about some journalism today is a failure to ask the obvious question. Could someone please explain under what legal theory an agency (state or local police) can sign an NDA and claim the NDA allows them to fail to meet a provision of law. I would think the law trumps the NDA and that it wouldn't be legal or perhaps unenforceable to sign such an NDA when you are required to release records under state or local law.

  16. Nothing new to see here. Move along... by Ungrounded+Lightning · · Score: 4, Interesting

    Sworn, badged officers OF THE LAW are actively subverting the law to protect their interests.

    And they've been doing that since police forces were invented. And before that since government was invented.

    Example: Decades ago the public ire was raised over crappy info in law enforcement data banks, leading to some innocent people being harrassed, wherever they went (nationwide), by cops who thought they were crooks. So governents at various levels passed things like the FOIA to allow people to find out what was in the databases about them and, if appropriate, get it expunged.

    So how did the cops react?

    They took their (error-filled) files out of the police stations (and out of reach of these new laws), gave them to new private-enterprise criminal-information databank companies (started by retiring or moonlighting police officials), and subscribed to these companies "servces".

    Same crummy data resulting in the same crummy screwups, but you couldn't use the new laws to get to it and get it purged. (Further, the various systems traded it around with flooding protocols. Manage to purge it from some of them and the others just put it back, on the electronic assumption that they just hand't gotten the news yet.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  17. Re:Solution seems simple by trippin_efnet · · Score: 2

    The solution will actually need to be a multi-pronged approach and yours is certainly one method we'll need to use. However, the first step is for people to realize this isn't a Democrat vs Republican issue. Once we realize this, we can stop placing blame, work together and take the appropriate measures to put our government back in check.

    This is an issue of a State that is actively deceiving us, actively fighting us, and actively stonewalling us at every turn. The quicker we stop blaming past and current political parties the sooner we can take whatever actions necessary to fix our country.

  18. Re:End to end by lister+king+of+smeg · · Score: 2

    a 4096 bit pgp key exchanged via qr code or retrieved from something like gnunet or namecoin?

    --
    ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.