Tag Archive: stingray

2,000 cases may be overturned because police used secret Stingray surveillance

Stingray
A motion filed Friday says the State’s Attorney’s office colluded with police to withhold ‘discovery’ material obtained via Stingrays from defendants

From The Guardian/ by Nicky Woolf

More than 2,000 cases could be overturned in Baltimore as the first motion for a retrial is filed accusing the state’s attorney’s office and the police of “deliberate and willful misrepresentation” of the use of the secret surveillance equipment known as Stingrays.

The motion, which was filed on behalf of defendant Shemar Taylor by attorney Josh Insley in the Baltimore city circuit court on Friday, says the state’s attorney’s office colluded with the police department to withhold “discovery” material from the defendants and the courts about the use of the Stingray device. Taylor was convicted of assault, robbery and firearm possession.

Manufactured by the Harris corporation and around the size of a briefcase, Stingrays are one of a class of surveillance devices known as “cell-site simulators”, which pretend to be cellphone towers in order to extract metadata, location information, and in some cases content from phones that connect to it.

Prosecutors are required to reveal the evidence against defendants in the “discovery” phase of a criminal trial.

However, a Guardian investigation in April revealed a non-disclosure agreement that local police and prosecutors were forced to sign with the FBI before using the Stingray devices, which mandated them to withdraw or even drop cases rather than risk revealing Stingray use. (more…)

Report shows extent of police surveillance in North Carolina

surveillanceFrom Indy Week

More than 70 North Carolina law enforcement agencies are using automatic license plate readers, cell phone location trackers and surveillance cameras to keep an eye, and a mass of data, on ordinary citizens. And soon, they could be able to add unmanned drones to that list.

The American Civil Liberties Union of North Carolina (ACLU-NC) uncovered a wealth of information about surveillance technologies that police and sheriff’s departments use in jurisdictions across the state, through a series of public records requests. Thursday morning, ACLU-NC policy director Sarah Preston and staff attorney Nathan Wessler joined former state Senator and criminal defense attorney Thom Goolsby to host a legislative briefing on privacy and surveillance issues.

While surveillance technology is not new, its use by law enforcement is becoming more widespread in the digital age, and the laws regulating its use have fallen far behind. The federal statute that governs warrantless access to cell phone and email records, for example, has not been updated since 1986. Now, regulating surveillance technology is falling to the states, and the ACLU-NC is pushing for legislation that protects the Fourth Amendment, by requiring law enforcement to obtain a warrant before collecting certain kinds of digital information on citizens. (more…)

The US government doesn’t want you to know how the cops are tracking you

stopitFrom The Guardian

All across America, from Florida to Colorado and back again, the country’s increasingly militarized local police forces are using a secretive technology to vacuum up cellphone data from entire neighborhoods – including from people inside their own homes – almost always without a warrant. This week, numerous investigations by major news agencies revealed the US government is now taking unbelievable measures to make sure you never find out about it. But a landmark court ruling for privacy could soon force the cops to stop, even as the Obama administration fights to keep its latest tool for mass surveillance a secret.

So-called International Mobile Subscriber Identity (IMSI) catchers – more often called their popular brand name, “Stingray” – have long been the talk of the civil liberties crowd, for the indiscriminate and invasive way these roving devices conduct surveillance. Essentially, Stingrays act as fake cellphone towers (usually mounted in a mobile police truck) that police can point toward any given area and force every phone in the area to connect to it. So even if you’re not making a call, police can find out who you’ve been calling, and for how long, as well as your precise location. As Nathan Freed Wessler of the ACLU explained on Thursday, “In one Florida case, a police officer explained in court that he ‘quite literally stood in front of every door and window’ with his stingray to track the phones inside a large apartment complex.”

Yet these mass surveillance devices have largely stayed out of the public eye, thanks to the federal government and local police refusing to disclose they’re using them in the first place – sometimes, shockingly, even to judges. As the Associated Press reported this week, the Obama administration has been telling local cops to keep information on Stingrays secret from members of the news media, even when it seems like local public records laws would mandate their disclosure. The AP noted: (more…)