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House Committee Urges Congress To Pass Stingray Surveillance Legislation (theverge.com)

A bipartisan House Oversight and Government Reform Committee report released today urges Congress to pass legislation to regulate cell-site simulation surveillance devices like the Stingray. From a report: The devices, used by local and federal law enforcement agencies around the country, have been controversial, both for their power to track mobile devices and the secrecy often accompanying their use. As the report notes, the devices are still often used by local law enforcement agencies without warrants, instead relying on various lower standards of evidence. The committee's investigation, which last year prompted the Justice Department and Department of Homeland Security to change their policies on when to require a warrant before using the devices, found that the Justice Department uses 310 of the devices and spent $71 million on them between fiscal years 2010 and 2014. Homeland Security has 124 devices and spent $24 million in the same period. [...] The committee recommends that agencies become more "candid" about the devices, and urges states to pass legislation that would "require, with limited exceptions, issuance of a probable cause based warrant prior to law enforcement's use of these devices."

25 comments

  1. Re:I've got an idea by zlives · · Score: 1

    RTFA

  2. Re:I've got an idea by MasseKid · · Score: 3, Informative

    This is an anti-spying law. Did you even read the summary?

  3. Re:I've got an idea by Anonymous Coward · · Score: 1

    It said you were a clown.

  4. Stingray Negatives to the Rest of the Population by Anonymous Coward · · Score: 0

    In the case of Stingray usage in relations to this article.
    Don't forget Stingrays delay or prevent communications. Their usage directly delays warnings about snow removal and actual dangers to the public by a day or more in some cases. Also they allow spoofing of a persons cellphone and to "pretend" to be the targeted Cellphone. Not exactly legal evidence, more like falsified evidence more likely.
    Stingrays act like cell towers, and if they delay or prevent communications, the delay NEEDS to be less than 24-48 HOURS!!!
    Can't tell you how often I have missed an important Doctors or Work call because they are trying to weed out some meth heads.

  5. Re:I've got an idea by zlives · · Score: 1

    was a specification made regarding my disposition in clown-hood?

  6. NOW they care about the 4th amendment? by Anonymous Coward · · Score: 2, Insightful

    This could have just been a thing in the works for some time, but my overall guess is that the change in executive power is finally getting the civil libertarians moving again. They were apparently fine as long as someone they trusted was in charge, but now suddenly they want oversight and limits to federal overreach.

    1. Re: NOW they care about the 4th amendment? by rahvin112 · · Score: 1

      Or it could be that certain people in congress deliberately obstructed any legislation supported by the then sitting president. Its almost lke they publicly swore to oppose the President in everything he did regardless of the merits. You know like opposing a "grand bargain" that would have done more to solve long term spending problems because it would have been seen as the president winning.

      And now that they think they won these same people will go back to the very tax cut and spend policies and deregulation that crashed the world economy not even a decade ago.

    2. Re: NOW they care about the 4th amendment? by Coren22 · · Score: 1

      I'm sorry, but I seem to have missed President Obama saying anything about warrantless use of Stingrays, can you point me to a single instance of him speaking out against them and the GOP (as you imply) blocking the legislation he recommended?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  7. Rather this was simply deemed unconstitutional by butchersong · · Score: 2

    A law is nice and specific to current tech that will probably be very old tech in the next 5 years. This is one case in which I would prefer the supreme court issue a general ruling rather than go through congress.

    1. Re:Rather this was simply deemed unconstitutional by Anonymous Coward · · Score: 0

      A law is nice and specific to current tech that will probably be very old tech in the next 5 years. This is one case in which I would prefer the supreme court issue a general ruling rather than go through congress.

      Let's not have the perfect get in the way of the good. A Supreme Court ruling would be good (assuming it came out the "correct" way), but federal law prohibiting certain actions would be equally good or better. In order of goodness, I would probably rank it:

      1) A specific law banning a specific implementation. This would not be blanket, but it does set a precedent, and would give courts more foundation to justify future rulings.
      2) A court ruling banning the general concept.
      3) A general law banning the general concept.

      Both 2 and 3 would be roughly equivalent of making it federal law. The advantage of the SC one versus a Congress one is that it is somewhat harder to be superseded because courts move slower. On the other hand, the advantage of it being a statutory law as opposed to case law is that there is less (although there will still be some) to be attempts to dance around the law as it has more of a "will of the people mandate" than an arbitrary ruling from 9 judges.

  8. Stingray = US felony by redelm · · Score: 2

    This device is the very essence of cracking, unauthorized access to a computer system, namely the targetted cellphone and others in the vacinity. A violation of 13 USC 1030. It is testimony to the corruption of our legal system that the perpetrators, so-called Law Enforcement Officers, are so brazen as to use these devices openly without fear of prosecution.

    1. Re:Stingray = US felony by Anonymous Coward · · Score: 0

      Time to sue the local police using Stingrays for violation of the DMCA. App developers can sue for violation of the software, and hardware developers can sue for violation of the OS. Individuals can sue for violation of the statute you mentioned.

  9. Pointless by Anonymous Coward · · Score: 0

    ... urges states to pass legislation ...

    Since Homeland security and the FBI belong to the US federal government, state legislation won't curb the biggest abuses of this technology.

    ... establish a clear, nationwide framework for when and how geo-location information can be accessed and used ...

    I thought Stingray devices also collected meta-data, which doesn't seem to be an issue to US politicians. Also, the DoJ still decides which cases require surveillance warrants, not politicians who are supposed to represent the will of the people; a clear case of the fox guarding the hen-house. There is no mention of how access to data will be restricted, but then again, the federal government gives itself so many exemptions on data privacy, any law would be meaningless.

  10. It is never too late... by Anonymous Coward · · Score: 0

    ...to do the right thing.

  11. Stingrays should be outlawed by Notabadguy · · Score: 1

    I can't believe that we haven't already outlawed Stingrays, or worked on Stingray genocide.

    Stingrays took the great Steve Irwin from us. https://en.wikipedia.org/wiki/...

    While American lawmakers may think that only Aussies can get killed by Stingrays, it's only a matter of time until the DoJ's rampant use of them leads to more unnecessary casualties.

    1. Re:Stingrays should be outlawed by Anonymous Coward · · Score: 0

      Can't law enforcement just use sharks with frickin' laser beams attached to their heads instead?

    2. Re:Stingrays should be outlawed by Anonymous Coward · · Score: 0

      If Dr. Evil couldn't get it done, then forget about it.

  12. Turn the phone off or put in airplane mode. by Anonymous Coward · · Score: 0

    Unless you feel that you need to be in continuous contact with the rest of the world, turn the phone off or put in airplane mode (transmitter is off).
    Then you can't be tracked. Turn it when home or at work or places where you are expected to be.

  13. House Committee Urges Congress To Pass Stingray by rickyslashdot · · Score: 2

    Well, golly gee folks, this is just what the doctor ordered - - - EVERYONE gets their cell phones hacked
    / recorded / tracked. Just imagine what this process would have on the communications within the
    Washington circle ! ! !
    Let's see - delivery of meth, coke, crack, oxy, "escorts", etc - and SUDDENLY all the 'players' in the
      political arena get their dirty laundry spread across the front page. I was going to add pot, but that is
      apparently legal in DC nowadays.

    Where, and when, did the concept of 'sunset' laws disappear from the agenda - wherein all laws had
      to be re-approved periodically, or were deleted from the judicial books. Times change, attitudes change,
    morals change, and yet - we are still burdened with laws on the books that SHOULD make you laugh (gay
    rights, abortion, vulgar language in public, etc, etc, etc), except that they are STILL ON THE BOOKS,
    and you can STILL be prosecuted.

    Please, oh please, remove the free pass that legislator's get by NOT being liable or prosecutable for
    their actions under the cover of 'public office exemptions'. Even sitting heads of state have, in recent
    times, been held responsible for illegal actions - as in war crimes situations - - - so why should our
    legislative representatives be allowed to get away with 'exempting' themselves from laws that they are
    passing that make their same actions a CRIME if committed by 'joe blow' - a common soul - merely trying
    to exercise his/her right to the pursuit of life, liberty, and happiness within their own homes in this
    country - home of the brave and free, and cowed by legislation that intrudes into their own bedrooms?

    Hell, it's no wonder that the radicalized factions and population sub-segments are taking it upon
    themselves to 'act out' in the most horrible and unthinkably bloodthirsty ways - when they have no
    effective input into the actual day-to-day rights embedded in our constitution.

    Sorry, but this issue struck a nerve - seeing as how a high school friend of mine went to federal lockup
    for TWENTY YEARS for having TWO SEEDS of marijuana in his glove box.

    Life in the US has really turned into a '1984' balls-up scenario - - - only thing is, and it really
    sucks because it still IS the best, is that it beats anywhere else in the world to live (as long as you
    can hide your minor vices and issues from the jackbooted badges).

    OK, so this gets me flagged as a 'no fly' asshole, but big deal. I'm a disabled veteran that can't handle the
      hour(s) long delay involved in just getting ON a plane due to the pain from my back and knees
      (service-connected disabilities). At least I don't have to be forced to undergo a strip-down, cavity-inspection,
      just because I have the balls to speak my mind!

    On the other hand, I carry a letter from my VA doctors explaining the need for my pain medications so that,
    JUST IN CASE I get rousted in the middle of the night and tossed into the clink, I don't have to endure any
    additional pain and hardship fostered on me by the 'powers that be' because they think I am a threat to
    national security - - - or should I say, a threat to their justification to be total dick-wads hiding behind a
    badge - who enjoy lording it over the 'people' of this once great country.

    --
    redneck geek
  14. Re:Trump is your god now by Anonymous Coward · · Score: 0

    It's this exact constructive attitude I expect from Trump and supporters

  15. Re:I've got an idea by Coren22 · · Score: 1

    Heck, it is in the summary. This is about requiring warrants with Stingrays, not allowing their use without warrants.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?