North Carolina Police Obtained Warrants Demanding All Google Users Near Four Crime Scenes (wral.com)
An anonymous reader quotes the public records reporter from North Carolina TV station WRAL:
In at least four investigations last year -- cases of murder, sexual battery and even possible arson at the massive downtown fire in March 2017 -- Raleigh police used search warrants to demand Google accounts not of specific suspects, but from any mobile devices that veered too close to the scene of a crime, according to a WRAL News review of court records... The demands Raleigh police issued for Google data [in two homicide cases] described a 17-acre area that included both homes and businesses... The account IDs aren't limited to electronics running Android. The warrant includes any device running location-enabled Google apps, according to Raleigh Police Department spokeswoman Laura Hourigan...
On March 16, 2017, a five-alarm fire ripped through the unfinished Metropolitan apartment building on West Jones Street... About two months later, Raleigh police obtained a search warrant for Google account IDs that showed up near the block of the Metropolitan between 7:30 and 10 p.m. the night of the fire... In addition to anonymized numerical identifiers, the warrant calls on Google to release time stamped location coordinates for every device that passed through the area. Detectives wrote that they'd narrow down that list and send it back to the company, demanding "contextual data points with points of travel outside of the geographical area" during an expanded timeframe. Another review would further cull the list, which police would use to request user names, birth dates and other identifying information of the phones' owners.
"Do people understand that in sharing that information with Google, they're also potentially sharing it with law enforcement?" asks a former Durham prosecutor who directs the North Carolina Open Government Coalition at Elon University. And Stephanie Lacambra, criminal defense staff attorney at the Electronic Frontier Foundation, also criticized the procedure. "To just say, 'Criminals commit crimes, and we know that most people have cell phones,' that should not be enough to get the geo-location on anyone that happened to be in the vicinity of a particular incident during a particular time." She believes that without probable cause the police department is "trying to use technology as a hack for their job... It does not have to be that we have to give up our privacy rights in order to participate in the digital revolution."
Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy and Technology Project, put it succinctly. "At the end of the day, this tactic unavoidably risks getting information about totally innocent people."
On March 16, 2017, a five-alarm fire ripped through the unfinished Metropolitan apartment building on West Jones Street... About two months later, Raleigh police obtained a search warrant for Google account IDs that showed up near the block of the Metropolitan between 7:30 and 10 p.m. the night of the fire... In addition to anonymized numerical identifiers, the warrant calls on Google to release time stamped location coordinates for every device that passed through the area. Detectives wrote that they'd narrow down that list and send it back to the company, demanding "contextual data points with points of travel outside of the geographical area" during an expanded timeframe. Another review would further cull the list, which police would use to request user names, birth dates and other identifying information of the phones' owners.
"Do people understand that in sharing that information with Google, they're also potentially sharing it with law enforcement?" asks a former Durham prosecutor who directs the North Carolina Open Government Coalition at Elon University. And Stephanie Lacambra, criminal defense staff attorney at the Electronic Frontier Foundation, also criticized the procedure. "To just say, 'Criminals commit crimes, and we know that most people have cell phones,' that should not be enough to get the geo-location on anyone that happened to be in the vicinity of a particular incident during a particular time." She believes that without probable cause the police department is "trying to use technology as a hack for their job... It does not have to be that we have to give up our privacy rights in order to participate in the digital revolution."
Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy and Technology Project, put it succinctly. "At the end of the day, this tactic unavoidably risks getting information about totally innocent people."
Faraday cages that allow a cell phone to stay powered on but never connected.
Easy to use when needed quickly but stay not connected when moving around a city, state?
Make sure a big brand can only see your phone at home and at work.
Domestic spying is now "Benign Information Gathering"
The problem with this is the way crimes get prosecuted in the US. The DA will threaten you with a bunch of charges that will put you away for a long time if you don't plea bargin. It will cost a very large amount of money to defend yourself. So if you happen to be some random person in the area who LE or the DA thinks might have done it, even if you are innocent your life could be wrecked. Perople need to realize carrying tracking devices around with you incurs a small chance of having your life ruined and it might not be something you want to do.
"...no warrants shall issue, but upon probable cause, ..."
What judge signed the warrant? They're a clear and present danger to the Constitution.
"National Security is the chief cause of national insecurity." - Celine's First Law
Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy and Technology Project, put it succinctly. "At the end of the day, this tactic unavoidably risks getting information about totally innocent people."
Same could be said about public CCTVs.
So if location data of every person using google on their phone in a 7 city block area over a period of 2.5 hours is "limited", where exactly would you draw the line?
--- Most topics have many sides worth arguing, allow me to take one opposite you.
Of, you can just pull the battery out, assuming you've gone one of the last 3 models of phone that allows you to do it. Within a very short period of time, any capacitors in the phone will be discharged as well, making it impossible for the phone to tattle.
The real problem here though is that we have two rightwing parties in the US that think it's OK to ignore the 4th amendment when it's expedient. This kind of fishing expedition isn't good for the health of a democracy and in most cases isn't even necessary. Criminals usually out themselves at some point by flapping their lips too much. Having this information, just lets the cops find a patsy more efficiently, not necessarily the guilty party.
This isn't about technology, it's about the fact that the police shouldn't be handed that kind of information without a warrant drawn on probable cause. They don't have probable cause here to say that most of those cellphones belong to a suspect. This is a dragnet, arresting everybody that was present without any specific reason for believing that they did anything wrong.
Except that normally when they do that, there's a police officer present and the people being arrested are usually interviewed before being cuffed and have some knowledge that something illegal just happened that could place them under arrest. In this case, the cops will have an easier time tricking one of those people into confessing because they won't know they need an attorney.
Apologists like you make me sick. If we had real laws on the books, this would be a much smaller problem.
The problem is that it's an illegal warrant. They don't have probable cause to believe that any specific cellphone owner committed those crimes. They suspect that one of them did it, but they don't really even know that. It could have been somebody without a phone at all, or who was smart enough to take the battery out until after they were done.
This isn't any different from pulling over all the people driving red cars because a red car was used to rob a convenience store. Unless there's more than just a car color, there's no legal cause for pulling them over.
What's more, because of the way that prosecution works, they'll probably violate the rights of the accused even more and offer plea bargains in order to get a conviction, even if there isn't sufficient evidence to win a conviction at trial.
This is a pretty blatant violation of the 4th amendment and people need to stop making excuses for the police violating the constitution.
The 4th Amendment is pretty clear that warrants should only be issued on having probable cause. What they asked for sounds very much like the general warrants that are explicitly banned by the same amendment.
It scares me that google, a greedy for-profit company, has all that personal data. I don't want them and their business partners to have it.
Sure, I'd rather not give that data to law-enforcement either, but it's a lot less bad than google and friends having it.
How are you okay sharing it with google and hundreds of "partner" companies, but somehow not okay with "guvurnment" getting access?
Of, you can just pull the battery out, assuming you've gone one of the last 3 models of phone that allows you to do it. Within a very short period of time, any capacitors in the phone will be discharged as well, making it impossible for the phone to tattle.
The real problem here though is that we have two globalist leftist parties in the US that think it's OK to ignore the entire US Constitution.
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
So that's the blocks to each side of the crime site, around the time of the crime. Since they aren't asking for info not near the crime site, and not around the time of the crime, I think that is where you will find a line.
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
What if the person was using a Windows phone? /s
Seriously, Just Google apps?
Is it easier to serve a warrant to google than the local cellular companies?
Because even if you have your location information turned off/disabled, your location can easily be tracked by the cell towers...
I'm not - which is why I leave location services off on my phone, as would any non-stupid criminal.
My objection is that a warrant for information about "every person who was in a 7 city block area in a 2.5 hour window" is ridiculously over-broad, and will almost certainly put dozens if not hundreds of innocent people under suspicion, while not giving any clue whatsoever about the actual criminal unless they were bone-headedly stupid.
It's only a stone's throw from outright government mass surveillance (which I hope you understand the dangers of) - in any city there's almost certainly several crimes within a 10th of a mile of you on any given day. Only it's even worse because it's completely blind to any even marginally intelligent criminal, and thus can only be used against the innocent and the idiot criminals - and if your criminal is an idiot then it should be easy enough to catch them through real police work.
--- Most topics have many sides worth arguing, allow me to take one opposite you.
This isn't any different from pulling over all the people driving red cars because a red car was used to rob a convenience store. Unless there's more than just a car color, there's no legal cause for pulling them over.
A coupe years back, a guy robbed a bank. He took off just before the cops got there, but stopped at a red light. The police realized he was in one of the cars waiting for the red light, but with 25 cars, they had no idea which one. Should they just let all of them go because there's no legal cause to stop the innocent people in the other two dozen cars?
No, the cops did not let them go. They blocked the traffic, got dozens of officers on site, and then proceeded to search each car one at a time. Each driver was taken out and handcuffed, the car was searched for weapons and cash, and as it was cleared the cops moved to the next one. Eventually they got to the car with the bank robber, who was arrested. No shots were fired, no one was hurt.
That is what is legal in finding and arresting someone when you don't know who is the guilty one.
https://www.huffingtonpost.com...
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
Have gnu, will travel.
Using the same methodology as truffle-sniffing pigs.
Truffle-sniffing pigs issue search warrants to Google for user data in an effort to target criminals? I had no idea.
I must say, I've always been impressed with Anonymous Coward. An odd fellow, yes, but a real eclectic pedagogue, with eccentric wit and extraordinary vision. If I didn't know any better, I would say a good bit of A.C.'s invaluable post is froth with subterfuge. But what could possibly be the point?
The future has arrived - and it's totalitarian. Congratulations!
Very funny, newbie, but the US is conservative relative to other countries (https://www.quora.com/Why-is-the-USA-as-a-nation-so-conservative-compared-to-Europe).
I would say you and I have very different definitions of "limited". I would call the non-specificity of the warrant's conditions a "dragnet".
Well, there's spam egg sausage and spam, that's not got much spam in it.
"Do people understand that in sharing that information with Google, they're also potentially sharing it with law enforcement?"
Sure! We always remove the battery of our devices when we go on a crime spree.
Yes, the absolutely should let them go until they have more evidence. At a certain point, it's just not worth it to society to have the police pulling over random people without cause.
And what happens if in the course of one of these illegal fishing expeditions they find evidence of an unrelated crime or get frustrated that they haven't made a collar and decide to plant some evidence? Is it still OK?
The courts regularly make incompetent rulings like that. The whole point of the 4th amendment is that we have the right to be free from unreasonable search and seizure. If they didn't know which car had the thieves in it and had no evidence to suggest which one it was, then they were completely wrong in searching all those people illegally.
People like you that make excuses for this kind of blatantly unconstitutional activity by the cops are why we've lost so many of our rights already. Allowing the police to perform speculative searches without having probable cause is barely any different from allowing them to search random houses for contraband and if people keep making excuses, it's hard to say that it won't go that far.
... confiscating all the surveillance footage, both residential and commercial, in the area, so I don't have a problem with it.
Smart devices behave in predictable ways. Owners are aware of those ways and can take actions to mitigate.
It's a choice.
It little behooves the best of us to comment on the rest of us.
The really sad part is that anyone who isn't pretty dim KNOWS they are being tracked and will turn off location history, shield it, turn off the phone, or leave it behind when committing a planned crime. So such unconstitutional warrants in those cases are not only ineffective, they target the people most likely to NOT be involved.
Of course, there are a lot of dim criminals out there, and unplanned crimes of passion for which it might work. But where do you draw the line? If it is OK to do in a murder or arson case, then what next? Battery? A non-violent theft? Speeding? Jaywalking? Walking an animal off-leash? Protesting without a license? Loitering? Or even pre-crime?
Doctors save lives, cops mostly destroy lives, in a country that has a 1% incarceration rate. If most doctors were like most cops, they'd be sued into bankruptcy for gross negligence. No need to help cops destroy more lives.
Not yet, but if we wait until that point, it's more or less too late to avoid injuring private citizens that just happened to be in the area.
Why should any of those people have to get an attorney to fight an illegal warrant just because they happen to be in the area? The point of this illegal warrant is to make an arrest. If they don't have other evidence to tell them which phone it is that the perpetrator has, they shouldn't have that information. If they have a suspect, then it's perfectly legitimate to get a warrant for any location information that Google or the carrier might have.
It still kind of sucks, but at least it's a reasonable search.
Also, where in my post did I claim to not like technology? If you weren't a shill, you wouldn't have skipped over the literal first 4 words where I said that it's not about technology.
You still wooshed. The technology is not what is being objected to. The objection is turning the location information over to police with no probable cause or even reasonable suspicion.
If the doctor is doing a CAT scan on me, he already has probable cause. Nobody goes to the doctor reporting they feel fine and have no history of serious illness and then gets a CAT scan. Also, even if the doctor wants you to get a CAT scan, you are free to decline. You probably shouldn't, but you can refuse.
What Google is doing is not really as bad. They can't detain me and ask questions about what I was doing. They can ask and I can dismiss the question unanswered. They cannot put me on trial and they cannot jail me. They cannot cause me to need to spend thousands of dollars on a lawyer while they try to convince a jury that I should be locked in a cage for many years.
That's not much of a line, especially considering that location information isn't pinpoint accurate. They are getting information about people who did not even know the victim of the crime existed or that a crime happened. People who have probably never even been inside the building where the crime took place.
Most of the cops I know/have known are just about bright enough to figure out early in life that they're never going to make a lot of money in fields requiring a lot of brain power. So they go for the one where they get power and a pretty good salary without spending a lot of money on schooling.
An unfortunate corollary is that (as we've seen repeatedly), the people in charge of solving crimes generally aren't the sharpest knives in the drawer.
So this leaves us in a situation where the police are constantly demanding more laws, more surveillance, more control. This will not end, because in a standard "survival of the fittest" scenario, stupid criminals will get caught, smart ones will get away. So your basic crook will get smarter, while your basic cop will remain just the same, because he can always whine for more tech and more power from the government to keep up.
If we want to stop this insane march to a cop state, we'd better get proactive.
I've calculated my velocity with such exquisite precision that I have no idea where I am.
Even that was far more tightly constrained. The people they looked at were within a 1 minute window, not 2 hours. They were at the exact spot the criminals were known to be in, not within a several block area.
Still, they should not have been cuffed, and they should not have even been asked for their names unless or until the money or weapons were found in their car. Everyone else should have received a heartfelt apology. Anything seen that was not related to the specific crime should have been ignored.
The one big difference is that they have reasonable evidence to believe it's one of those 25 people. Arguably, all of those people are suspects.
In this case, they're using Google to find suspects. "We have no suspects, so let's demand that Google tell us all of the people who were in the area around that time and we'll make them suspects."
It's one thing to investigate suspects. It's another thing to investigate whether someone is a suspect.
Google tries to keep all your info to itself and uses it to target ads at you. They screw up and send you the wrong ads, not exactly life altering though it is shitty that they have so much data, which is a weakness that the government can use.
The government is run by politicians who want to be seen doing something like jailing criminals. Doesn't really matter to them if they actually jail innocents as long as no one notices and they have the power to ruin lives really quick. Just takes being wrongly arrested to fuck up your life in some cases and even if they shoot you in the back doesn't seem to matter.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
1) A smartphone is a general purpose computer. At this point, it might be a multicore, >1 GHz computer with lots of memory and storage.
2) There are many things you can do with a general purpose computer that isn't connected to the network. Especially one that is replete with useful sensors like cameras, motion, iris, fingerprint, microphone and so forth, as well as audio and visual output and handy data input mechanisms such as keyboards and touch-sensitivity.
And you think this is a problem? lol...
If I were you, I'd worry about clearing some lower bars before I went there. :)
I've fallen off your lawn, and I can't get up.
It's not that they are right-wing. It's that they are criminal.
I've fallen off your lawn, and I can't get up.
++insightful
I've fallen off your lawn, and I can't get up.
Location services create a circumstance where (presumably) the phone does not give location data to apps running on it.
Turning them off does not prevent you from being tracked, either in realtime or after the fact. The cellphone is constantly talking to the towers, and the towers, taken several at a time, constantly locate you fairly precisely - they actually have to in order to hand you off from tower to tower.
Aside from that, if the phone knew were you were at any point, the motion sensors can keep track of you for quite a while under a very wide range of circumstances even if no communications are presently available to it. It can also acquire information from your surroundings that can locate you WRT any particular time.
You may even be complicit in this - taking a photo, making an audio recording, etc. It depends on what's running on the phone at the time. Which is something you aren't in full control of unless you wrote your phone's OS and all its applications and drivers. Which is... unlikely.
If you really don't want to be tracked through the phone's capabilities, in realtime or after the fact, you have very few options: Don't use a phone, let the battery die, take the battery out, or don't carry the phone.
I've fallen off your lawn, and I can't get up.
any non-stupid criminal.
Probably a _lot_ more stupid petty criminals than smart, educated ones.
Google should have standing, because complying with the warrant would make them accessories to a crime.
At the very least, they can not comply, which (might) get them charged with something, and at which point they can take it upstream.
Of course, SCOTUS is utterly corrupt WRT actually obeying the constitution, so that might not work, but as for Google having standing, it's entirely within reach.
I've fallen off your lawn, and I can't get up.
Are you seriously implying that it is OK for the cops to handcuff and do a search on 25+ (I'll assume some of those cars had more then one person in it) people, especially in a country where it is routine for cops to shoot suspects for not complying quick enough? What a fucked up country when it comes to the rights of the people.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
Yea, the previous Conservative government as part of their tough on crime agenda really weakened civil rights. It did take them 3 tries as the people did scream but they were patient and finally implemented it to "save the children" after accusing everyone of being a pervert didn't go over well. And of course the current government finds it a handy tool and is not going to revoke it.
https://en.wikipedia.org/wiki/Inverted_totalitarianism
Blocking traffic and taking a quick look would have been fine. Having people get out of their cars, handcuffing them, and conducting a warrantless search is a horrendous abuse of rights. The guy robbed a bank, not machine gunned a bunch of kids then ran off with a suicide vest yelling something about his next target. That you even phrased your post to imply it's somehow ok for those jackbooted authoritarians to handcuff and search dozens of people simply for being in the wrong spot at the wrong time means you clearly have no respect for the 4th Amendment.
WHOOSH! The Stasi would be the part where judges are issuing warrants they shouldn't. The only reason what Google is doing is a problem is because it might enable police and judges to violate the Constitution.
For the government as well as the public to have the ability to severely observe all people at all times would be interesting. There would be huge benefits as well as losses. We are now about to confront new realities. Between cams and computers and standardizing electronic money as the only means of exchange we could bring crime to a very close to zero event. The catch is what would we do with the millions of people who currently commit crimes? Most people actually commit serious crimes but often are completely unaware that they are doing so. Examples include a bit of fudge on income tax. Or how about smoking pot? Worse yet businesses commit more crimes than individuals. Can the American public withstand such revelations?
far better to leave it on and someplace you usually go, that way provides a plausible alibi, after all no one could possibly willingly be separated from their precious smart phone for 10 mins.
So where do we stand if we have a VPN installed on our smartphone? Am not sure how deep Prism can dig when VPN is employed. This should stop Google tracking.
Not all is at it seems. Not long ago, I was discussing this with some colleagues, the fact Google Maps has a timeline of everywhere I go, how long I was there, how long I drive to get from place to place etc.
I concluded this tracking could be turned right around into a fantastic alibi. Since it tracks everything, every day, establish a normal pattern, for quite a bit of a time (a few years is preferable!), now, one day, leave your phone somewhere it's expected to be for a certain duration of time, while you go without it to commit a heinous crime. Return to collect phone and carry on. You could easily point to this data and say "I didn't do it, phone proves I'm innocent."
The moral of the story? Don't trust that data. It is vastly easy for the common idiot to falsify. If I thought of it, millions of others did too, I'm not exceptionally clever.
AC
A fix is to remove the battery as the soft power buttons and OS GUI settings offered by the big brands don't do much to stop a phone from getting tracked.
Buy a phone that can have its battery power removed by the owner.
A faraday cage.
Take back your cell phone from the networks and brands.
Become an owner again not just a cell phone user.
Domestic spying is now "Benign Information Gathering"
The problem with this is that if a convicted arsonist happened to be in the area with their smartphone prior to the fire, police will come up with SOME story to "prove" the convicted arsonist did it. Juries are people and easy to fool especially when you've already fooled yourself. Looking for possible suspects prior to developing a strong theory with evidence you can use to verify the suspect afterhand is a recipe for convicting an innocent person. Once a suspect is found, there will be no effort to do anything but find a theory that fits them and can be sold to a jury.
So if you want to commit arson, send word a few hours beforehand through all of the local shelters that there will be a fire at the address later on. At least one convicted or suspected arsonist will almost certainly be there with smartphone ready to video the scene.
One more reason NOT to use Google.
An effective "democracy" creates the illusion the people have a say in their government.
Do you know how small 17 acres is? That's a radius of 485 feet. Do you know how small 17 acres is? That's a radius of 485 feet.
I know that in an urban setting like Raleigh it is not just the area but the amount of people with the area. It's called population density. From the article: "The demands Raleigh police issued for Google data described a 17-acre area that included both homes and businesses. In the Efobi homicide case, the cordon included dozens of units in the Washington Terrace complex near St. Augustine's University." I also know looking at footage of one of the fires, that it is not in the middle of nowhere. Again. Dragnet.
Well, there's spam egg sausage and spam, that's not got much spam in it.
I would give up that Info on my phone in order to catch the killer of someone dearly loved.Its good you folks have the comfort of not sharing my opinion.
[($)]
Nathan Freed Wessler, staff attorney with the ACLU's Speech, Privacy and Technology Project, put it succinctly. "At the end of the day, this tactic unavoidably risks getting information about totally innocent people."
And? How is that a problem? There is still a burden of proof before you are judged guilty, or even detained for questioning.
How is this different from the police requisitioning surveillance camera tapes after a crime? The tapes have the faces of innocent passers-by too. This is just the digital equivalent. Google (and the phone companies) have a 'surveillance camera' of sorts running. It's the police's job to sift through the data to find patterns that eventually deliver justice to the aggrieved.
Why make their job more difficult?
America - you have bigger problems. Don't make so much fuss over nothing.
If Google ever gives you a privacy choice, opt out. They're giving you the chance, so don't be a dope and turn it down.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
Should be honored to help the Police.
It's not so innocent people who need to worry, and the answer here is, if committing a crime, don't use a smartphone that has GPS.
SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
When a crime happened in Ottawa that the police wanted potential witnesses for, they turned to cell phone users as well, but in a slightly less invasive manner:
https://www.ctvnews.ca/canada/...
TL;DR, they got the cell phone numbers of people near the scene at the time and texted them asking if they had information on the crime.
I imagine it wouldn't be hard to have cell phone providers offer this service to police *without* disclosing the numbers.
"We want to text everyone who was in proximity of X,Y on YYYY:MM:DD at HH:MM this message: 'foobar' ... here's our warrant, thanks."
- Michael T. Babcock (Yes, I blog)
That is nice. Now what? And I mean actual things that are going to happen or that you are going to do, not some wishfull thinking that you hope that might happen.
As long as nothing happens, the 4th and any other Amendment is hollow and just a discussion point and something for story tellers as the 3 laws of Robotics.
Don't fight for your country, if your country does not fight for you.