DOJ Apparently Last To Know About Widespread Stingray Usage/Secrecy; Vows To Look Into It
from the 'what-is-the-deal-with-all-these-Stingrays?'-no-longer-rhetorical dept
Considering the number of documents confirming the FBI's stranglehold on Stingray device information that have been made public in recent months (including the FBI's nearly-blank 5,000-page FOIA response), this move by the DOJ is a surprising development.
The Justice Department will start revealing more about the government’s use of secret cellphone tracking devices and has launched a wide-ranging review into how law-enforcement agencies deploy the technology, according to Justice officials.So… caveats, obviously. There's more on the way, but we don't know when we'll get it, or how much it will actually be, but at least the DOJ will finally be taking a look at a technology that's being deployed by law enforcement agencies -- often without warrants. And when they do use warrants, they're often obtained with misleading affidavits so as to comply with the non-disclosure agreements the FBI forces them to sign before deploying the devices.
Senior officials have also decided they must be more forthcoming about how and why the devices are used—although there isn’t yet agreement within the Justice Department about how much to reveal or how quickly.
This is also surprising, considering the FBI wrote itself a large enough loophole to ensure it never needed to bother with this sort of paperwork.
In recent months, the Federal Bureau of Investigation has begun getting search warrants from judges to use the devices, which hunt criminal suspects by locating their cellphones, the officials said. For years, FBI agents didn’t get warrants to use the tracking devices.One wonders how the Wall Street Journal knows this, considering the FBI is the last agency that would publicly confirm or deny anything about its Stingray usage. Perhaps some more documents are on the way whether the FBI likes it or not…
But it appears outside scrutiny has finally forced the DOJ to confront the all-encompassing secrecy surrounding Stingrays -- something that routinely excludes defendants and judges and sometimes stretches far enough to lock out other "good guys," like prosecutors and states' attorneys.
For the first time ever, legislators are beginning to ask uncomfortable questions about the technology. While the FBI can apparently blow off a majority of the US population -- including the judicial system -- it's not going to have nearly as much luck fending off determined lawmakers. The technology it loves could become the technology it can no longer have -- or at least see it subjected it to a number of requirements that would make it much less enjoyable to deploy.
Congressional scrutiny is never comfortable. But another contributing factor is the entities directly and indirectly involved with tracking cell phones: service providers. They're unhappy and they've got a pretty good idea how often requests for data are heading their way and how specious or redundant the requests are.
Federal law-enforcement and phone-company officials also have expressed concerns that some local police authorities were abusing a legal shortcut by submitting an inordinate number of requests for cellphone information, according to people familiar with the matter.Some of this is parallel construction. Some of this is abuse of an avenue previously used to acquire specifically-targeted information: pen register/trap and trace orders. It's already public knowledge that law enforcement agencies -- backed by the FBI's own legal rationalizations -- are using these to cover Stingray usage and/or bypass warrant requirements.
On top of this, law enforcement agencies are busy ensuring that the words "exigent circumstances" become as meaningless as "relevant" or "probable cause."
About a year ago, Baltimore police officials began deluging some phone companies with requests for customer cellphone information, claiming it couldn’t wait for a judge’s order, according to people familiar with the matter. Normally, police need a court order to get that kind of information about a phone customer. But there is an exception for emergency requests. Phone companies’ rules vary, but they generally allow emergency requests to be fulfilled in missing-persons cases or when there is a risk of death or serious injury. Typically, the phone company employee doesn’t ask questions to verify the nature of the emergency.No doubt the Baltimore PD used the hell out of this loophole, what with its 4,300 Stingray deployments over a seven-year period.
Whether this examination by the DOJ will result in any meaningful changes is debatable. It could easily decide that everyone's following all the rules, at least as far as the FBI's interpretation of statutes governing pen register orders. That it's actually securing warrants is a positive sign, but it would be nice to see if the affidavits actually specify the devices used to perform the "search." It's one thing to gather data on phone calls. It's quite another to lock down where that phone is located by sifting through everyone's data while pretending to be a cell tower -- especially considering the devices also have the capability to intercept certain communications.
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Filed Under: doj, imsi catcher, secrecy, stingray, surveillance, transparency
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At least it's not bad news
In other words, can anyone say "limited hangout"?
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It's still going on
On-site bloggers and livestreamers have been reporting service disruptions for a week.
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Here's how I see it happening...
With luck, Alan Grayson will still be in Congress. And, armed with his trademark snark, he'll be able to show how little time it takes to actually, ahem, read the FBI's Stingray report, even out loud.
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Re: Here's how I see it happening...
Helpmann: Beginner's luck.
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Reveal more to the FISA; not the public.
Sorry if you thought the PUBLIC is whom you thought they would be more forthcoming to.
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The silence is deafening.
We know that the NSA is unapologetically hoovering up anything it can get its hands on, storing it for whenever. Does Baltimore PD have datestamped GPS records on every device in the area? I suspect so. Would the NSA also use the opportunity to quietly slurp *whatever* from each of the devices affected? Until they say otherwise, I wouldn't doubt it. They've given me no reason to.
We also know all these LEOs have data sharing agreements between each other, and we know they use this data all the time in very "creative" ways.
They're loath to discuss any of this blaming it all on that very convenient NDA the Harris Corp. has "forced" on them. They also hate the very idea of having to get warrants to justify any of this. If they were truthful, they'd need a warrant for every device the Stingray connects to, which wouldn't happen. Not everyone they connect to is of interest in a law enforcement investigation.
If I were the fourth amendment, I'd say this situation stinks to high heaven. I wouldn't fault anyone for thinking that way. I'm very surprised they feel so little obligation to explain any of these apparent contradictions.
What does all that add up to? Keeping us safe in the War On Terror and the War On Drugs, or is it just Police State Light, and once they work out all the bugs inconveniencing Blacks and Chicanos, they'll turn it onto you too?
Have a nice day.
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Was this Stingrays in use?
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Re: Was this Stingrays in use?
If you have an Android phone, check out Snoopsnitch and/or Android IMSI-Catcher Detector (AIMSICD), both of which claim to detect certain disturbances caused by these devices.
https://opensource.srlabs.de/projects/snoopsnitch
https://secupwn.github.io/Android-IMSI-Catc her-Detector/
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Re: Was this Stingrays in use?
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Several years of 'investigation' later....
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And when the report is done?
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DOJ Investigator Barbrady responds
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3g/2g fallback
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Re: 3g/2g fallback
I've been doing this on my phone for a few years now, and haven't noticed a problem with increased dropped calls. The problem I noticed is that some regions are only covered by 2G and so 2G must be enabled when I'm in those areas. Being a software geek, I wrote a Tasker script to handle all of these sorts of cases automatically.
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...sigh...
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Re: stopping 2g fallback.
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