ACLU Sues Anaheim Police For Public Records On Cell Phone Surveillance (scpr.org)

New submitter Lacey Waymire writes: The ACLU of Northern California is suing for a release of public records regarding Anaheim police's use of cell phone surveillance devices. "We don't think any surveillance devices, particularly these sorts of invasive cell phone surveillance devices, should ever be acquired or used without intense public debate and the adoption of safeguards to ensure they are only used in ways that follow our Constitution and laws," attorney Matt Cagle said. (See this Boing Boing posting with a bit more on "the happiest surveillance state on earth.")

Comments

Nondisclosure agreements

[NormAtHome]

There have been plenty of instances where people have tried to pry open the "secret" door number 3" and look at whats inside. In lots of news articles each agency (state and federal) has cited a legally binding nondisclosure agreement with the manufacturer as to why they aren't allowed to disclose any information regarding the use and specifications of the so called Stingray device. Until some court invalidates the NDA good luck getting any information on those things. It seems to me since federal and state money is being spent on these things the public has a certain right to know how much. Also I believe that there are several court cases pending where stingrays were used to catch the perpetrator and the defense has tried to subpoena data about them and has never been successful.

Re:Nondisclosure agreements

[Anonymous Coward]

You see, the whole "NDAs that are legally binding" argument seems like complete BS. IANAL, but in my adult life having to deal with quite a few contracts, I have learned a few things. One of them being that contract law is literally the lowest form of law in existence. If a clause in a contract contradicts a law at any higher level, that clause is automatically null and void. If I sign a contract that says you are allowed to kill me, if you kill me, that clause in the contract will be found void, and you will still be found guilty of murder. If I sign a contract stating that I will not sue if I'm injured while participating in an event, but it is found the people running the event were negligent, that clause becomes void and I can sue. It happens over and over. The case law on this is abundant, contract law is one of the lowest, if not the lowest form of law and is superseded by anything higher. And now you have FOIA, a federal law which is one of the highest levels of law which most certainly states that this information must be provided. According to so much case law, certainly that NDA is immediately rendered null and void since it contradicts a federal law. No, this is the government making BS excuses, nothing more. I hate to say it, but a case like this is already settled. Contracts are always overruled by laws.

Re:Can the ACLU protect the ENTIRE Constitution?

[PopeRatzo]

Sure, as soon as the NRA and Republican Party support the 8th, 16th, 17th, 24th and 26th Amendments.