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San Bernardino Sheriff Has Used Stingray Over 300 Times With No Warrant
An anonymous reader writes: After a records request by Ars, the sheriff in San Bernardino County (SBSD) sent an example of a template for a "pen register and trap and trace order" application. The county attorneys claim what they sent was a warrant application template, even though it is not. The application cites no legal authority on which to base the request. "This is astonishing because it suggests the absence of legal authorization (because if there were clear legal authorization you can bet the government would be citing it)," Fred Cate, a law professor at Indiana University, told Ars. "Alternatively, it might suggest that the government just doesn't care about legal authorization. Either interpretation is profoundly troubling," he added. Further documents reveal that the agency has used a Stingray 303 times between January 1, 2014 and May 7, 2015.
Note that Stingrays aren't just radio receivers. They mimic cell towers, and are also transmitters. They transmit on spectrum which belongs to the cell carriers, and they do so without a license or warrant. That's illegal.
Also, cell frequencies aren't "readily accessible to the general public" - Congress has passed laws which specifically prohibit the public from accessing those frequencies and prohibits the manufacture of general purpose radios (scanners) which can receive them.
"National Security is the chief cause of national insecurity." - Celine's First Law
This mentality is not uncommon across government, especially the higher one looks.
It is common across humankind, or even all animals in general. Looking out for yourself is a survival trait we all have. The whole idea that there is a Boogeyman (police/govt/terrorists/bankers/Bill Gate etc) is a myth. We're all the same, Milgram proved that. Given similar circumstances you or I would behave the same way, so let's stop perpetuating the stereotypes.